1. Agreement

1.1 This website is owned and operated by Binghatti Holding Ltd. and its affiliates and subsidiaries referred as (the Binghatti Group, we or us).

1.2 The Binghatti Group owns and operates the Internet websites at: binghatti.com and cupagahwa.com, (collectively, the Website).

1.3 By using our Website, you confirm that you accept the Terms of Use that are effective as of the date and time you use or access the Website (the Terms) and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.

1.4 Please read these Terms carefully before accessing or using the information and services available through this Website. These Terms constitute a legal agreement between you (the user of the Website) and the Binghatti Group and may be modified or revised at any time without notice.

2. Cookies and Personal Data

2.1 A cookie is a small text file stored on your computer or mobile device when you access the Website and retrieved from there on subsequent visits. We use cookies to track overall site usage and to enable us to provide a better user experience. We do not use cookies to “see” other data on your computer or determine your email address. Binghatti Group does not use cookies to store personal information or to provide information to third parties.

2.2 Types of cookies we drop and the information collected using them include but are not necessarily limited to:
Essential
Google Tag Manager – helps make tag management simple, easy and reliable by allowing marketers and webmasters to deploy website tags all in one place.
Site Analytics
Google Analytics – gives website owners the digital analytics tools needed to analyse data from all touchpoints in one place, for a deeper understanding of the customer experience.
Advertising
Facebook Advertising – lets website owners measure, optimise and build audiences for advertising campaigns.

2.3 Most browsers accept and maintain cookies by default. Check the ‘Help’ or ‘Settings’ menu of your browser to learn how to change your cookie preferences. You can choose to alter cookies settings related to the use of our website services, but this may limit your ability to access certain areas of the website. Alternatively, you may wish to visit an independent source of information, www.aboutcookies.org, which contains comprehensive information on how to alter settings or delete cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual or network operator for advice.

2.4 Please refer to our Privacy Policy Statement for information about how we collect and use your personal data.

3. Website Content

3.1 All information, text, materials, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website (collectively, the Website Content) is provided to you as a service to allow you and other users to browse the Website Content.

3.2 Our Website Content is provided free of charge.

3.3 Binghatti Group reserves the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, or to modify, terminate, suspend or discontinue the Website at any time for any reason without prior notice or liability.

3.4 Binghatti Group may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, or Website Content without prior notice or liability.

4. Use of Website Content

4.1 You are only permitted to access and use the Website for your personal, non-commercial purposes, and you must not:

(a) modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;

(b) use the Website in violation of any applicable law or regulation;

(c) use the Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Binghatti Group or others or violate the privacy, publicity or other personal rights of others;

(d) sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;

(e) access data not intended for you or log into a server or account which you are not authorised to access;

(f) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

(g) copy or adapt the code created to generate any Website Content or the pages making up the Website;

(h) use the Website Content to impersonate or otherwise misrepresent your identity or affiliation with Binghatti Group or any other person or entity;

(i) use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;

(j) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or

(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

4.2 You may download or copy the Website Content only for your own personal, non-commercial use, provided that you maintain and include all copyright and other notices contained in such Website Content. You shall not store electronically any portion of the Website Content. You may not copy, store, redistribute or publish any Website Content without the express written permission of Binghatti Group or the owners of the Website Content (as the case may be). Any unauthorized use or reproduction of the Website Content is strictly prohibited.

4.3 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

5. Geographic Restrictions

5.1 The Binghatti Group is based in the United Arab Emirates. We make no claims that the Website or the Website Content is accessible or appropriate outside of the United Arab Emirates. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United Arab Emirates, you do so on your own initiative and are responsible for compliance with local laws.

6. Linking to the Website

6.1 You may link this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not create a link in such a way as to suggest any form of association, approval or endorsement on our part.

6.2 Subject to the foregoing, you must not:

(a) Establish a link from any website that is not owned by you.

(b) Otherwise take any action with respect to the Website Content that is inconsistent with any other provision of these Terms.

6.3 You agree to cooperate with us in putting a stop to any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

7. External Links

7.1 The Website may contain links to other websites on the Internet that are owned and operated by third parties (the External Sites). These links are provided solely as a convenience to you and not as an endorsement by Binghatti Group of the contents on such External Sites. You acknowledge that Binghatti Group is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. If you decide to access linked third party websites, you do so at your own risk. Binghatti Group does not accept any liability, and shall not be liable to you for any loss or damage arising from or as a result of your acting upon the content of another website to which you may link from the Website.

8. Intellectual Property

8.1 Except as otherwise expressly stated, Binghatti Group owns or is an approved licensee to the copyright and all other intellectual property contained in the Website and the Website Content, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype (collectively, Marks) are trademarks owned by or licensed to Binghatti Group, unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior written authorization of Binghatti Group, except for the sole purpose of identifying the products or services originating from the Binghatti Group.

9. Indemnity

9.1 You agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by any Indemnified Party arising from or in any way related to your use of this Website (including, by third parties), your breach of these Terms or any other terms referenced herein or your violation of any law or the rights of a third party.

9.2 Indemnified Parties means the Binghatti Group, its affiliates and subsidiaries and their respective officers, directors, owners, agents, employees, information providers and copyright owners.

10. Disclaimers of Warranties & Limitation of Liability

10.1 The Website and the Website Content is provided for information purposes only and should not be used as a basis for making business decisions nor should it be regarded by you as a substitute for specific professional advice. The Binghatti Group makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on the Website, which is subject to change at any time without notice.

10.2 The Website and the Website Content are provided on an “as-is”, “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. Binghatti Group expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

10.3 Binghatti Group is not responsible for any Website Content posted on the Website and reserves the right to change or remove any content it sees fit.

10.4 Binghatti Group and its personnel are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in any way connected with, the use or inability to use the Website or the Website Content whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Binghatti Group is advised of the possibility of such damages.

10.5 You understand that the Binghatti Group cannot and does not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

10.6 The Binghatti Group will not be liable for any loss or damage caused by 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 any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

10.7 The material appearing on our Website may include technical, typographical or photographic errors. Binghatti Group does not represent, warrant or endorse that any of the Website Content is accurate, complete, reliable or current. Binghatti Group may make changes to the materials contained on the Website at any time without notice. You acknowledge that any reliance upon such Website Content shall be at your sole risk.

10.8 Binghatti Group is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website including any injury or damage to any users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website.

10.9 Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favouring by Binghatti Group. The views and opinions of document authors do not necessarily state or reflect those of Binghatti Group or any of its affiliates.

11. General

11.1 Binghatti Group may transfer its rights and obligations under these Terms to any other organization without notice.

11.2 These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was issued.

11.3 Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

11.4 These Terms as well as your access to the Website are subject to and governed by the laws of the Dubai International Financial Centre in the Emirate of Dubai and the courts of the Dubai International Financial Centre.

12. Contact Information

12.1 You may contact the Binghatti Group for technical support and other communications relating to this Website by using our Website contact form or emailing us at [email protected].

1. Purpose of this Privacy Policy Statement

Binghatti Holding Ltd. and its affiliates and subsidiaries referred as (the Binghatti Group, we or us) respects the privacy of its customers and is committed to keeping customers’ personal information and other data confidential and secure. This Privacy Policy Statement aims to give you information on how we collect and process your personal information (Personal Data).

It is important that you read this Privacy Policy Statement together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data.

The Binghatti Group is registered in the Dubai International Financial Centre (DIFC). This Privacy Policy Statement confirms that the Binghatti Group agrees to protect its customers’ Personal Data by complying with the DIFC Data Protection Law and other relevant rules and regulations of the DIFC. Customers are responsible for complying with the relevant laws of the jurisdiction in which they are located when accessing the Binghatti Group’s services.

This Privacy Policy Statement applies to persons anywhere in the world who access or use Binghatti Group’s websites or apps or otherwise submit Personal Data to the Binghatti Group. In addition to this Privacy Policy Statement, our customers must also accept and be bound by any other relevant Binghatti Group policies. Such policies may be released to our customers either by mail and/or any other electronic methods.

The Personal Data the Binghatti Group may receive from customers may include, but is not limited to:
Identity Data: names, usernames, marital status, title, date of birth, gender; passport, nationality, place of birth, photographs;
Contact Data: address, email address and telephone numbers;
Financial Data: bank account and credit and payment card details;
Transaction Data: Details about payments to and from you and other details of products and services you have purchased from us;
Technical Data: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our websites;

Profile Data: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
Usage Data: information about how you use our website, products and services; and
Marketing and Communications Data: your preferences in receiving marketing from us and our third parties and your communication preferences. The Binghatti Group may ask for other information voluntarily from time to time to enable it to improve its service or consider the wider needs of its customers or potential customers. If customers choose not to provide the information the Binghatti Group needs to process customers’ requests for a specific products or services, the Binghatti Group may not be able to provide customers with those requested products or services.

The Binghatti Group websites and apps are not intended for children, and we do not knowingly collect data relating to children.

2. Collection of Personal Data:

This Privacy Policy Statement sets out the basis on which any information, including any Personal Data, we collect from you, or you provide to us, will be processed by the Binghatti Group. Each time you access or use our services, website, apps or otherwise provide us with information, by doing so you are accepting and, where possible, consenting to the practices described in this Privacy Policy Statement. From time to time, the Binghatti Group may receive customers’ personal information via the various channels through which customers communicate with us, including through: use or access of our websites and other web-based products, information or services; third-party social media networks;

telephone, e-mail, text messaging services, chat bots, or any other digital or electronic form or communication; online or off-line registration or application forms, surveys, questionnaires, contracts, agreements, identification documents and other documents submitted to us; transactions with us (e.g., letter of credit issuance, cheques, account enquiry, bank or money transfer); and verification of the validity and accuracy of customers’ personal and/or relevant corporate details by any third party.

We obtain most of information directly from our customers through direct interaction, applications or other forms, and from maintaining records of information provided in the course of ongoing customer service. We may also obtain information from various other sources such as credit information or identity group checks. Finally, we may collect Personal Data through automated technologies or interactions through your interaction with our websites and apps, using cookies or similar technologies.

A cookie is a small text file that is unique to the web browser on your computer or mobile device, which is used to retain user preferences, and enhance browsing experience. We use cookies to track overall site usage and to enable us to provide a better user experience. We do not use cookies to “see” other data on your computer or determine your email address. Refer to our Website Terms of Use for more details.

3. Processing, Storage and Transfer of Personal Data

Before using the Binghatti Group’s websites, apps or services, customers must understand and agree that customers’ Personal Data may be disclosed, transferred or shared: within the Binghatti Group and to other relevant authorized service providers which are registered and/or incorporated in UAE during back-office processing procedures;

with vendors, consultants, marketing and advertising partners, and other service providers who need access to such Personal Data to carry out work on our behalf or to perform a contract we enter into with them; in response to a request for information by a competent authority or government entities if we determine that such disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;

with law enforcement officials, government entities or authorities or other third parties as required by applicable law; with third parties in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; with third parties in an aggregated and/or anonymized form which cannot reasonably be used to identify you;

and with third parties with whom you choose to let us share your Personal Data, for example other apps or websites that integrate with our API or Website Services, or those with an API or Service with which we integrate. We will take all steps reasonably necessary to ensure your data is processed fairly and lawfully, in accordance with applicable laws and this Privacy Policy Statement. By submitting your Personal Data, you agree to such transfer, storing or processing in order for us to perform our operational, administrative and regulatory functions.

You agree that we have the right to transfer the Personal Data described in this Privacy Policy Statement to and from, and process and store it in, the United Arab Emirates and (where applicable or required) with Data Processors in other countries, some of which may have less protective privacy laws than those where you reside. Where this is the case, we will take appropriate security measures to protect your Personal Data in accordance with this Privacy Policy Statement.

We retain Personal Data submitted by you for a reasonable length of time unless otherwise prescribed by applicable law, and only for as long as reasonably necessary to fulfil the purposes for which we collected it. The Binghatti Group is not responsible for the accuracy of the information you provide, and will modify or update your Personal Data in our databases upon your request, as further outlined below. We will erase or archive from active use your Personal Data upon request unless we are required to retain it in accordance with DIFC or other applicable laws or to perform agreed services. By accessing or using our apps and websites or otherwise providing us with Personal Data, you thereby represent and warrant that you understand that all information submitted by you to us may be used by us in accordance with applicable laws and our policies.

4. Use of Personal Data

We may use the Personal Data which you provide to us, or we collect from you to: respond to any queries or expressions of interest made by you; register you as a customer and provide you with products or services, including managing payments, fees, charges and collecting monies owed to us; manage our relationship with you;

to enter into or conclude or perform any contract we have entered into with you; process your payments to us and protect against fraudulent transactions comply with our legal obligations and defend legal claims;

5. Protection of Customers’ Personal Data

The Binghatti Group maintains strict security standards and procedures for the purpose of protecting customers’ Personal Data. When accessing the Binghatti Group’s services, customers must go a through verification and authorization process to confirm each customer’s identity through our KYC Process
We make every effort to ensure that your Personal Data is secure on our systems. The Binghatti Group has staff dedicated to maintaining our data protection and security policies, periodically reviewing them and making sure that our employees are aware of our data protection and security practices. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, the Binghatti Group cannot warrant or guarantee the security of any Personal Data you transmit to us, and you do so at your own risk.
If a customer’s browser is appropriately configured it should tell the customer whether the information the customer is sending will be secure (generally by displaying an icon such as a padlock). The combination of a secure browser at the customer’s end and the Binghatti Group’s security measures provide customers with the best security currently available.
Once the Binghatti Group receives a customer’s information, the Binghatti Group will take all reasonable steps to protect that information. If the Binghatti Group no longer needs a customer’s information, the Binghatti Group will destroy or de-identify it, subject to the extant record retention guidelines.

6. Your Rights and Choices

You have the right to access information held about you. Your right of access can be exercised in accordance with DIFC and other applicable laws. Any access request generally comes at no cost to you, but may, where permissible, be subject to a fee to meet any extraordinary administrative costs in providing you with details of the information we hold about you.
When you contact us about a potential Personal Data error, we will endeavor to confirm or verify the information in question, then correct verified inaccuracies and respond to the original inquiry. We will endeavor to send a correction notice to businesses or others whom we know to have received the inaccurate data, where required and / or appropriate. However, some third parties and third party sites may continue to process inaccurate data about you until their databases and display of data are refreshed in accordance with their update schedules, or until you contact them personally to ensure the correction is made in their own files.
You may also request that we restrict, erase or otherwise process your Personal Data in line with your rights as set out in the DIFC Data Protection Law.

7. Liabilities of the Binghatti Group

The Binghatti Group is not liable for any potential loss or damages under the following conditions:
Natural disaster, war, terrorist attack, interruption of electric power, fire, water, etc. which is beyond the Binghatti Group’s control;
Disclosure, misuse, lending/delegation to any third party, transfer of the OTP Token/security password and/or user password by the customer;
Telecommunication problems which are beyond the Binghatti Group’s control;
Functionality problems with customers’ electronic devices;
Misuse of the Binghatti Group’s services; and Any other circumstances which are beyond the Binghatti Group’s control.

8. Governing Law

This notice is prepared and maintained by the Binghatti Group and is governed by the laws of DIFC, including the Data Protection Law DIFC No. 5 of 2020, and may for certain types of Personal Data processing, be subject to laws from other jurisdictions. From time to time, information and/or services may be amended in accordance with changes of the governing law.

9. Amendments and Changes

Customers agree that the Binghatti Group may amend and/or change this Privacy Policy Statement and other relevant policies from time to time and without notice. We encourage you to periodically review this Policy for the latest information on our privacy practices.

10. Review of this Policy

We keep this Privacy Policy Statement under regular review. It was last updated 18 August 2018.

11. Contact Us

If customers want access to data, correction of data or for information regarding our data protection policy and kinds of data held, they are welcome to address such inquiries to the Data Protection Officer for the Binghatti Group.
If you have any questions, comments and requests related to this Privacy Policy Statement, or if you have any complaints related to how the Binghatti Group processes your Personal Data, please contact the Data Protection Officer at email: [email protected].