TERMS OF USE

1. Agreement

  • 1.1This website is owned and operated by Binghatti Holding Ltd. and its affiliates and subsidiaries referred as (the Binghatti Group, we or us).
  • 1.2The Binghatti Group owns and operates the Internet websites at: binghatti.com, cupagahwa.com, and binghattidevelopers.com (collectively, the Website).
  • 1.3By 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.
  • 1.4Please 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. Binghatti Group does not use cookies to store personal information or to provide information to third parties.
  • 2.2 Please refer to our Privacy Policy Statement (accessible here) 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 executed.
  • 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].