Terms and Conditions of Use
1.1 This Website belongs to EZ Heights FZ LLC (“EZ Heights”, “we” and “our”). EZ Heights operates this online platform under the brand “Biggit.com” which allows you to purchase products and services listed on our Website from third-party sellers and service providers. It is important for you to understand that EZ Heights itself is not a provider of services or a seller of goods.
1.2 You can browse the Website and make use of its various features, but please be aware that your use of the Website is subject to the following Terms & Conditions of Use. These Terms and Conditions of Use shall govern your access to and use of our Website “Biggit.com” within any country in the world for Services made available by EZ Heights on the Website.
1.3 By using our Website, you accept these Terms & Conditions of Use in full; accordingly, if you disagree with these Terms & Conditions of Use or any part of these Terms & Conditions of Use, you must not use our Website.
1.4 If you register with our Website, submit any material to our Website or use any of our Website Services, we will ask you to expressly agree to these Terms & Conditions of Use.
1.6 The Website helps you to place orders and request Services with third party sellers and service provider. It is important that you understand that we are not liable for any loss that you suffer as a result of your order from the third-party seller or third-party service provider, no matter how it occurs. Your legal relationship is directly with the third-party seller or service provider. We are not liable for the quality of the goods or services that you order. EZ Heights is not liable for any loss resulting from using such third-party seller or service provider.
1.7 You may not use the Website and may not accept the Terms & Condition of Use if
(a) you are under 18 years of age, or
(b) you are barred or otherwise legally prohibited from using or accessing the Website under the laws of the country in which you are resident.
By using our Website or agreeing to these Terms & Conditions of Use, you warrant and represent to us that you are of legal age as per the laws of the country in which you are resident.
1.8 If you are a company advertising in our Property, Motors or Jobs categories, you will be required to enter into additional terms and conditions set out in our Order Form, however, please note that these Terms & Conditions of Use will still apply and must be read in conjunction with any other agreement you enter with EZ Heights.
1.10 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, and acceptance of offer, invoice or other document of information issued by EZ Heights shall be subject to correction without any liability on EZ Heights’s part.
2. Copyright Notice
Subject to the express provisions of these terms and conditions, all the content included on our Website, including without limitation to text, graphics, logos, button icons, images, audio clips, digital downloads, data, compilations and software, is the property and copyright work of either EZ Heights, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on our Website is our exclusive property and copyright and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
3. Description of Service and License to Use Website
3.1 Biggit.com is an online platform which allows you to offer, sell, and buy products and services listed on the Website (collectively ”Services”). Although you may be able to conduct transactions through our Website, using third-party sellers and service providers, EZ Heights is not in any way involved in such transactions. As a result, you hereby acknowledge and agree that EZ Heights is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Services and the Website at your sole risk and responsibility.
3.2 You may:
(a) view pages from our Website in a web browser or mobile application;
(b) download pages from our Website for caching in a web browser;
(c) print pages from our Website;
(d) stream audio and video files from our Website; and
(e) use our Website Services by means of a web browser or mobile application,
subject to the other provisions of these Terms and Conditions of Use.
3.2 Except as expressly permitted by Section 3.2 or the other provisions of these Terms and Conditions of Use, you must not download any material from our Website or save any such material to your computer.
3.3 You may only use our Website for your own personal and business purposes, and you must not use our Website for any other purposes.
3.4 Except as expressly permitted by these Terms and Conditions of Use, you must not edit or otherwise modify any material on our Website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our Website (including republication on another website);
(b) sell, rent or sub-license material from our Website;
(c) show any material from our Website in public;
(d) exploit material from our Website for a commercial purpose; or
(e) redistribute material from our Website.
3.6 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
4. Acceptable use
4.1 You must not:
(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our Website; or
(g) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
(h) make available Content that includes personal or identifying information about another person without that person's explicit consent;
(i) make available Content which is deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(j) make available Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
(k) make available Content that constitutes or contains "pyramid schemes", “jokes”, "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "bait marketing", "negative option marketing", "referral selling" or unsolicited advertisements of a commercial nature;
(l) make available Content that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to Biggit.com users who have requested not to be contacted about other services, products or commercial interests.
4.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
5. Use on Behalf of an Organization
5.1 If you use our Website or expressly agree to these Terms and Conditions of Use in the course of a business or other organizational project, then by doing so you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organizational project,
to these Terms and Conditions of Use, and in these circumstances references to "you" in these Terms and Conditions of Use are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6. Buyer Registration and Accounts
6.1 This Section 6 applies to buyers and prospective buyers.
6.2 To be eligible for a buyer account on our Website under this Section 6, you must be of legal age as per the regulations of your country of residence.
6.3 You may register for a buyer account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you or verify yourself via SMS or authentication via financial charging mechanism as we deem fit at our sole discretion.
7. Seller Registration and Accounts
7.1 This Section 7 applies to sellers and prospective sellers and to those who are or wish to be a service provider offering Services to buyers through our Website.
7.2 To be eligible for a business account on our Website under this Section 7, you must be operating a business in your country of residence which is duly licensed by the competent licensing authorities. If you are a legal entity, you must be duly incorporated in your country of residence.
7.3 To be eligible for an individual account on our Website under this Section 7, you must be of legal age as per the laws of your country of residence.
7.4 As a seller or service provider, you may register for a seller account (e.g. individual or professional accounts) with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you or verify yourself via SMS or authentication via financial charging mechanism as we deem fit at our sole discretion.
8. User Login Details
8.1 If you register for an account with our Website, you will be asked to choose a user ID and password.
8.2 Your user ID must not be liable to mislead and must comply with the Content rules set out in Section 18; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Cancellation and Suspension of Account
9.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any Services you have paid for and you have not breached these Terms and Conditions of Use, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
9.2 Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.
9.3 You may cancel your account on our Website using your account control panel on the Website. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.3.
9.4 In case your account is dormant for more than 2 month we will suspend or cancel your account as we deem fit and at our sole discretion.
10. Seller Listings and Content Policies
10.1 If you register with our Website as a seller, you will be able to submit listings to the Website.
10.2 To create a listing on our Website, you should follow the steps as described in our help section on the Website.
10.3 Listings that are submitted will be either automatically processed or individually reviewed within 24 hours following submission as we deem fit and at our sole discretion.
10.4 Without prejudice to our other rights under these Terms and Conditions of Use, we reserve the right to reject, unpublish and/or delete any listings that breach these Terms and Conditions of Use or that do not meet any additional guidelines for listings published on our Website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
10.5 If we permit the publication of a listing, it will remain published on our Website for 60 days or for the relevant period set out on our Website from time to time, subject to these Terms and Conditions of Use.
10.6 Listings submitted to our Website must be true, fair, complete and accurate in all respects.
10.7 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us.
10.8 You must keep your listings up to date using our Website interface; in particular, you must remove any listings in respect of products or services that have ceased to be available.
10.9 You must ensure that all prices specified in or in relation to a listing are in United Arabian Emirates Dirhams (AED) only.
10.10EZ Heights is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through our Website or another Third-Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Services ("Content"), and that by using the Website and the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You may not rely on said Content, and under no circumstances will EZ Heights be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Services.
10.11 EZ Heights is not obliged to pre-screen or approve any Content, but EZ Heights has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and Conditions of Use and such violation being brought to EZ Heights’s knowledge or for any other reason or no reason at all.
10.12 EZ Heights does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, EZ Heights expressly disclaims any and all liability in connection with user Content. EZ Heights does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and EZ Heights may, at its sole discretion, remove any infringing Content. EZ Heights reserves the right to remove any Content without prior notice. EZ Heights may also terminate a user's access to the Website in these cases. Further, at its sole discretion, EZ Heights reserves the right to decide whether any Content is appropriate and complies with these Terms and Conditions of Use.
11. Product & Service Rules
11.1 You must not use our Website to advertise, buy, sell or supply intangible products or downloadable products.
11.2 You must not advertise, buy, sell or supply through our Website any product or service that:
(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) consists of, contains or involves the supply, distribution or publication of any material that would, if published on our Website by you, contravene the provisions of Section 4 or Section 17; or
(c) relates to drugs, alcohol, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.
12. The Buying and Selling Process
12.1 You agree that a contract for the sale and purchase of a product or products or the purchase and supply of a service or services will come into force between you and another registered Website user.
12.2 As far as the law allows, EZ Heights shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals.
12.3 As far as the law allows, EZ Heights shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, as far as the law allows, you hereby release EZ Heights, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
13. Marketplace Fees
13.1 EZ Heights may charge a fee to post Content in some specific areas of the Services (Paid Content). The fee permits Paid Content to be posted in a designated area of the Website. Each party posting Paid Content to the Service is responsible for the Content and compliance with the Terms and Conditions of Use. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms and Conditions of Use.
13.2 For the Paid Content additional terms and conditions will be fully stated in the applicable section(s).
13.3 All amounts stated in these additional terms and conditions or on our Website are stated inclusive of VAT.
13.4 We may vary fees from time to time by posting new fees on our Website, but this will not affect fees for Services that have been previously paid.
14.1 You must pay to us the fees in respect of Paid Content on our Website Services in advance, in cleared funds, in accordance with any instructions on our Website.
14.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
14.4 If you owe us any amount under or relating to these Terms and Conditions of Use, we may suspend or withdraw the provision of Services to you.
14.5 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
14.6 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.
15. Our Role
15.1 You acknowledge that:
(a) we do not confirm the identity of Website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in listings;
(c) we are not party to any contract for the sale or purchase of products or provision of services advertised and listed on our Website;
(d) we are not involved in any transaction between a buyer and a seller in any way, as we only facilitate a marketplace for buyers and sellers;
(e) we are not the agents for any buyer or seller,
and accordingly, we will not be liable to any person in relation to the offer for sale or sale or purchase of any products or provision of any services advertised and listed on our Website. Furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products or arising out of a service contract and we will have no obligation to mediate between the parties to any such contract.
15.2 The provisions of this Section 15 are subject to Section 23.1.
16. Your Content: License
16.1 In these Terms and Conditions of Use, "your Content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.
16.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and publish your Content on and in relation to this Website and any successor website.
16.3 You grant to us the right to sub-license the rights licensed under Section 16.2.
16.4 You may edit your Content to the extent permitted using the editing functionality made available on our Website.
16.5 Without prejudice to our other rights under these Terms and Conditions of Use, if you breach any provision of these Terms and Conditions of Use in any way, or if we reasonably suspect that you have breached these Terms and Conditions of Use in any way, we may delete, unpublish or edit any or all of your Content.
17. Your Content: Rules
17.1 You warrant and represent that your Content will comply with these Terms and Conditions of Use.
17.2 Your Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
17.3 Your Content, and the use of your Content by us in accordance with these Terms and Conditions of Use, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam; or
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
17.4 Your Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
17.5 You must not use our Website to link to any Third-Party Website or web page consisting of or containing material that would, were it posted on our Website, breach the provisions of these Terms and Conditions of Use.
17.6 You must not submit to our Website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
17.7 You are solely responsible for your Content posted on, transmitted through, or linked from the Services and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all your Content that you upload, email or otherwise make available via the Services. In connection with such Content posted on, transmitted through, or linked from the Services by you, you affirm, acknowledge, represent, warrant and covenant that you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Services and Website and authorize EZ Heights to use such Content to enable inclusion and use of the Content in the manner contemplated by the Services, the Website and these Terms and Conditions of Use.
17.8 You understand and agree that sending unsolicited email advertisements or other unsolicited communications to EZ Heights email addresses or through EZ Heights computer systems are expressly prohibited by these Terms and Conditions of Use. You acknowledge and agree that from time to time EZ Heights may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one users to another in the EZ Heights e-mail system of “Biggit.com”. Any communication between your and any other user utilizing the communication features available on the Website may be used only in accordance with these Terms and Conditions of Use. Any unauthorized use of the Website and its Services is a violation of these Terms and Conditions of Use and the applicable laws in your country of residence. In case you intend to solicit, or contact our users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant laws of your country of residence.
18. Report Abuse
18.1 If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these Terms and Conditions of Use, please let us know.
18.2 You can let us know about any such material or activity by email or using our abuse reporting form.
19. Property for Sale and Property for Rent
19.1 Any property may only be advertised if currently available for sale or lease. It is at our discretion to remove any listings (advertising fees will not be refunded).
19.2 You warrant that the advertisement does not contain unlawful language or use of the premises, including:
(a) defamatory, misleading or deceptive statements;
(b) sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);
(c) sharing of a property between unrelated members of the opposite sex;
(d) sharing of a property in any way that is deemed unlawful;
(e) any other language that promotes illegal or immoral activities under the laws of your country of residence.
19.3 If you are listing a property on our Website, your obligations are as follows:
(a) advertisements include real properties for sale or rent. We are not a real estate brokerage and the details of the properties available on our Website are provided to us by third party brokers, landlords, owners or developers;
(b) we do not verify the property listing details provided to us by third parties, and make no warranties or representations as to their accuracy or completeness; and
(c) as the user of our Website you must conduct your own due diligence and must not rely on the details in the advertisements.
19.4 If you are a broker or developer listing a property on our Website, you warrant
(a) that you possess a valid license from the regulatory authority (e.g. Real Estate Regulatory Authority (RERA) or its equivalent in the Emirate in which you are advertising for the United Arab Emirates);
(b) if a project is off plan and/or under construction, that the project is registered with the regulatory authority (e.g. RERA in the United Arab Emirates) and – as a developer- that you hold an approved escrow account for the project;
(c) that you comply with any law, regulations, administrative order or otherwise issued by any competent authority, including without limitation to obtain an approval for every sale and leasing advertisement and display the permit number, office registration number and broker registration number on all advertisements.
(d) if you are engaging in subleasing activities or in short-term or holiday home leasing as a broker, that you possess the required license for this activity from the competent authority (e.g. for the United Arab Emirates including without limitation the Department of Economic Development in the respective Emirate, RERA and/or the Tourism and Commerce Marketing authority in the respective Emirate).
19.5 If you are listing property on our Website as the owner/ landlord of such, you warrant to be the owner/landlord of such property or otherwise that you possess valid authorization to list such property on our Website. If you are engaging in short-term or holiday home leasing, you warrant that you possess a license for the activity (e.g. for the United Arab Emirates from the Tourism and Commerce Marketing authority and/or other competent authority).
19.6 As a tenant of a property who publishes any advertisement regarding such property, you warrant that you possess the valid written consent of your landlord to do so.
20. Motor Vehicles for Sale
20.1 If using our Website, you must not offer for sale any motor vehicle including without limitation any car or motorcycle that is:
(a) located outside your country of residence, unless you can prove ownership of the motor vehicle upon request;
(b) that is not immediately for sale;
(c) that is not accurately described by the category in which it is advertised;
(d) that you are not the owner of, or in all other cases, which you do not have the rights to sell;
(e) without true and accurate pricing of the motor vehicle displayed within the listing.
20.2 We may request that you provide proof of ownership and that the motor vehicle is located in your country of residence or has been cleared by customs. If you do not provide us with proof within 24 hours of request, we may immediately remove the relevant advertisement/content without further notice and no refund will be made.
21. Trade Marks
21.1 “Biggit.com” and “EZ Heights”, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
21.2 The third party registered and unregistered trademarks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these Terms and Conditions of Use, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
22. Limited Warranties
22.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our Website;
(b) that the material on the Website is up to date; or
(c) that the Website or any Services on the Website will remain available.
22.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions of Use, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website Services, or if we stop publishing the Website.
22.3 To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions of Use, our Website and the use of our Website.
23. Limitations and Exclusions of Liability
23.1 Nothing in these Terms and Conditions of Use will:
(a) limit or exclude any liability for death or personal injury resulting from gross negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
23.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:
(a) are subject to Section 23.1; and
(b) govern all liabilities arising under these Terms and Conditions of Use or relating to the subject matter of these Terms and Conditions of Use, including liabilities arising in contract, in tort and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions of Use.
23.3 To the extent that our Website and the information and Services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.
23.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
23.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
23.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
23.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
23.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these Terms and Conditions of Use (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
23.9 Our aggregate liability to you in respect of any contract to provide services to you under these Terms and Conditions of Use shall not exceed the greater of the total amount paid and payable to us under the contract.
24.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Website or any breach by you of any provision of these Terms and Conditions of Use.
25. Breaches of these Terms and Conditions of Use
25.1 Without prejudice to our other rights under these Terms and Conditions of Use, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions of Use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website;
(c) permanently prohibit you from accessing our Website;
(d) block computers using your IP address or Mac address from accessing our Website;
(e) contact any or all of your internet service providers and request that they block your access to our Website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our Website.
25.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
26. Third-Party Websites
26.1 Our Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
26.2 The Website and Content available may contain links to other third-party websites ("Third-Party Websites"), which are completely unrelated to EZ Heights. If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. As far as the law allows, EZ Heights makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Websites, and your linking to any other websites is, as far as the law allows, completely at your own risk and EZ Heights disclaims all liability thereto.
26.3 We have no control over Third-Party Websites and their contents, and subject to Section 23 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
27.1 We may revise these Terms and Conditions of Use from time to time.
27.2 We will give you written notice of any revision of these Terms and Conditions of Use, and the revised Terms and Conditions of Use will apply to the use of our Website from the date that we give you such notice; if you do not agree to the revised Terms and Conditions of Use, you must stop using our Website.
27.3 If you have given your express agreement to these Terms and Conditions of Use, we will ask for your express agreement to any revision of these Terms and Conditions of Use; and if you do not give your express agreement to the revised Terms and Conditions of Use within such period as we may specify, we will disable or delete your account on the Website, and you must stop using the Website.
28.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions of Use.
28.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions of Use.
29.1 If a provision of these Terms and Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
29.2 If any unlawful and/or unenforceable provision of these Terms and Conditions of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
30. Entire Agreement
30.1 These Terms and Conditions of Use, together with our Policies, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.
31. Law and Jurisdiction
31.1 These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates.
31.2 Any disputes relating to these Terms and Conditions of Use and Policies shall be settled first of all through amicable means. If no such agreement is reached in that regard within the given periods, any such dispute shall be referred to arbitration in accordance with the provisions set forth in the Arbitration Rules of the DIFC-LCIA Arbitration Center and by a tribunal of 1 (one) arbitrator who shall be nominated and summoned under the procedure and regulations of those rules.
31.3 The Parties agree that the arbitrator or chairman of the tribunal shall be an international arbitrator being at least a lawyer, chartered accountant or another expert with an experience of at least five years in arbitration and in the subject field of business of EZ Heights and who shall speak English fluently. The arbitration shall be held in English, unless as far as Arabic is required by Law. The award shall be given in English. Otherwise the tribunal shall attach a translation of a licensed translator to it.
31.4 Each Party shall be entitled to appoint an attorney at law of its choice for handling the dispute. The fee and the expenses of attorneys shall be considered as costs of the dispute. A lump sum amount equal to the average fee of the tribunal shall be recoverable by the winning party. In case of winning and losing partially the costs shall be shared pro rata. The tribunal shall decide on the costs in the award. The place of arbitration shall be Dubai, International Financial Center. The award shall be final and binding.
31.5 The above paragraphs of this Article 31 shall not preclude any rights of the parties to apply for court order(s) provided they are pertaining to temporary (preservative or preventative) measures e.g., temporary writs of attachment and/or temporary (pre-award) injunction(s) and/or temporary restraining orders etc.
32. Statutory and Regulatory Disclosures
32.1 We will specify on the Website or elsewhere in these Terms and Conditions of Use the different technical steps you must follow to conclude a contract under these Terms and Conditions of Use, and also the technical means for identifying and correcting input errors prior to the placing of your listing.
32.2 We will not file a copy of these Terms and Conditions of Use specifically in relation to each user or customer and, if we update these Terms and Conditions of Use, the version to which you originally agreed will no longer be available on our Website. We recommend that you consider saving a copy of these Terms and Conditions of Use for future reference.
32.3 These Terms and Conditions of Use are available in the English language only.
33. Our Details
33.1 This Website is owned and operated by EZ Heights FZ LLC.
33.2 We are registered with the Dubai Creative Cluster Authority in Dubai, United Arab Emirates and our registered office is at Premises 04C, Building 7, Dubai Outsource City, Dubai, United Arab Emirates.
33.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our Website contact form;
(c) by telephone, on the contact number published on our Website from time to time; or
(d) by email, using the email address published on our Website from time to time.
34. We accept
(a) We accept payments online using Visa and MasterCard credit/debit card in AED & USD
(b) 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.
(c) The cardholder must retain a copy of transaction records and Merchant policies and rules.
(d) We will not trade or provide any services to OFAC and sanctioned countries.