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All Copyrights reserved to © Dobrh 2021
Welcome to Dobrh (www.dobrh.com). The Dobrh Platform (Platform) is owned and operated by Cognifle Limited, which has a license number 000007139 and has its registered office at the Abu Dhabi Global Market (Dobrh, we, us, and our). These Platform terms of use for marketing your Goods and Services to other Platform users (Advertiser Terms) apply to you as a user of the Platform (you, your) and us, including the products, services, tools, and information made available on the Platform. Through the use of the Platform, you gain access to the other users of the Platform (each a Client) who are buying or selling services and products through the Platform.
In order to be approved to advertise your Goods and Services (Goods and Services) to Clients as an advertiser (Advertiser), and be eligible to accept an engagement from a Client, you must comply with these Advertiser Terms. Your access to, and use of, the Platform constitutes your agreement to be bound by these Advertiser Terms, which together with the commercial terms (Commercial Terms) agreed between us in respect to any specific marketing campaign, establishes a contractual relationship between you and Dobrh and govern the opening, use and closure of your Dobrh Marketing Account and other related transactions, activity and payments.
By using the Platform, you consent to be bound by these Advertiser Terms and must check the “I accept” box below, stating your acceptance of these Advertiser Terms.
These Advertiser Terms do not give you access to use the Platform in any other capacity than as an Advertiser. If you wish to use the Platform to buy or sell services through the Platform, you will need to open the appropriate user account.
Please be sure to print or download and keep a copy of these Advertiser Terms for future reference. You can always view the current User Terms on the Platform.
If you do not agree to these Advertiser Terms, you should immediately close your Dobrh Account and stop using the Platform.
We reserve the right to modify or amend these Advertiser Terms, the Platform, or any content on the Platform from time to time, including for security, legal, or regulatory reasons, or to reflect updates or changes to the services or functionality of the Platform. Any such amendment will be communicated to you through a notice on the Platform. Continued use of the Platform after such modifications shall constitute acceptance of the revised Terms.
The Platform is provided by us to enable our Clients to engage directly with each other for the provision of Goods and Services. Subject to your payment of the relevant fees (Advertising Access Fees) and your continued compliance with these Advertiser Terms, we grant you access to the Platform in order to advertise your Goods and Services to our Clients.
You may request approval to advertise your Goods and Services on the Platform by completing the [advertisement application] and paying the relevant Advertising Access Fee through the Platform. Advertisements posted on the Platform are subject to Dobrh’s prior written approval and our Terms & Conditions.
You are responsible for negotiating the terms for the use of your Goods and Services with any Clients who choose to make use of your Goods and Services (Goods and Services Agreement).
Any Goods and Services Agreement between you and a Client represents an agreement exclusively between you and the relevant Client. It is a condition for the use of the Platform that you represent and warrant that (i) you have satisfied yourself as to the completeness and adequacy of any Goods and Services Agreement that you execute with a Client and that you expressly release Dobrh, its officers, directors, employees and affiliates from any liability regarding the completeness, adequacy or enforceability of the Goods and Services Agreement or the Client’s performance in respect of any Goods and Services Agreement, and (ii) you acknowledge and agree that we are in no way liable or responsible for any Goods and Services Agreement or any other form of agreement executed between you and any Client.
The Platform is provided “as is,” without any express or implied warranties of any kind. We and our affiliates, agents, and licensors cannot and do not warrant the accuracy, reliability, quality, or completeness of the information provided on the Platform.
Although we make every effort to ensure that the services offered on the Platform are available consistently, the nature of the Internet means that we cannot guarantee the Platform’s availability. We do not warrant that the provision of the Platform or any part of it will be available, uninterrupted, or error-free, that defects in the Platform will be corrected, or that the Platform will be free of viruses or other harmful components. We will not be liable for any loss, damage, expense, costs, delays, or other liability whatsoever (including, without limitation, any financial losses) which you may incur as a result of using the Platform, or as a result of the Platform or any part of it being unavailable at any time for whatever reason.
Although we make every effort to ensure that the Clients presented on the Platform are professional and reliable, we cannot guarantee their performance in respect of any Goods and Services Agreement. We do not warrant that any Client will complete any Goods and Services Agreement satisfactorily or at all. We will not be liable for any loss, damage, expense, costs, delays, or other liability whatsoever (including, without limitation, any financial losses) which you may incur as a result of entering into any Goods and Services Agreement with any Client introduced through the Platform.
You are solely responsible for obtaining telecommunications access to the Platform and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary for you to access this Platform and for implementing and maintaining antivirus software on your computer.
Information transmitted via the Platform will pass over public telecommunications networks. We accept no liability if communications sent via the Platform are intercepted by third parties, delayed or incorrectly delivered, or not delivered.
We are unable to deal with or provide services to any OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the law of the United Arab Emirates.
You hold all the required licences to operate all your Businesses, Goods, and Services.
You have and shall maintain throughout the term of any relevant Goods and Services Agreement, product and public liability insurance against losses arising from any claims, actions, or damages which may arise as a direct or indirect result of any use of the Goods and Services by a Client.
All your Goods and Services are, to the best of your knowledge, safe and fit for their intended use.
You will act professionally and with good faith at all times.
You will not knowingly or negligently take any action or omit to take any action that would be detrimental to the goodwill associated with Dobrh, any Client, or the Platform, or create unfavourable publicity, or bring into disrepute Dobrh, any Client, or the Platform;
Where you are acting in the capacity of the owner of any Goods and Services, you represent and warrant that you have full legal capacity and authority to make these representations and provide these warranties on behalf of such product owner and that these Advertiser Terms are legally binding on such Goods and Services.
In order to access the Platform and become an Advertiser, you will be required to follow a sign-up process. Firstly, you will be required to submit detailed information about yourself, your company, and the Goods and Services you will advertise. You shall be given a unique username and initial password. You will be prompted to change the initial password given to you when you first access the Platform. The username is the method used by us to identify you, and so you must keep the username and password secure at all times.
We will also require you to provide proof of identity, proof of current address, and any further information that might be relevant in order to comply with anti-money laundering obligations. Applications to become an Advertiser will be subject to an approval process and may be accepted or rejected by us at our sole discretion.
You warrant, represent, and undertake that the information you provide during the registration process about you is accurate, current, and complete.
The Platform is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Platform, be aware that the Platform may not appear accurately through other access methods.
You must not access the Platform through devices or services that are designed to provide high-speed, automated, repeated access.
The Platform is protected by a password and requires a login. You must not obtain or attempt to obtain unauthorised access to the Platform, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.
Each time you log onto the Platform, you will need to enter your username and password, and you may be required to enter a security code or a one-time password (OTP). Your username and password are unique to you and are not transferable.
You are responsible for all information and activity on the Platform by anyone using your username and password. Accordingly, you must take steps to protect the confidentiality of your username and password, and you must notify us immediately if you become aware of any disclosure, loss, theft, or unauthorised use of the same. Notwithstanding the above, you:
may not transfer or resell your username or password to any third party; and
agree to notify us at support@dobrh.com if you become aware of any possible unauthorised use(s) of your username or password or any possible breach of security, including loss, theft, or unauthorised disclosure of your username or password.
If you authorise an employee, sub-contractor, or agent to use your login details, you will be responsible for their activity on the Platform. We reserve the right not to act on your instructions where we suspect that the person logged onto the Platform via your username is not you, or we suspect illegal or fraudulent activity or unauthorised use.
Our Platform must not be framed on any other site or platform other than directly to your website to enable Clients to click through to your website in order to request your Goods and Services and execute a Goods and Services Agreement with you. We reserve the right to withdraw linking permission without notice.
We assume no responsibility for the use of, or inability to use, any third-party software or other materials on the Platform and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third-party software or materials. We do not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by our privacy policy.
We are not responsible for the privacy policies of websites to which the Platform links. If you provide any information to such third parties, different policies regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
Your use of the Platform and any engagement with a Client is entirely at your own risk. Neither we nor any of our affiliates, agents, officers, employees, suppliers, or licensors will be liable to you or anyone else for any:
inaccuracy, delay, interruption in service, error or omission, regardless of cause or for any damages as a result;
decision made or action taken or not taken by you in reliance on the Platform or its content;
damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages in advance;
loss or injury resulting from use of the content or the Platform, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering the Platform and its content or otherwise;
losses, damages, liabilities, claims or expenses (including without limitation to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to your use of the Platform, its content or any Goods and Services Agreement, howsoever caused, whether in agreement, tort (including negligence), statute or otherwise; or
loss resulting from a cause over which we do not have control.
Notwithstanding item 11.1 above, our total liability to you in connection with these Advertiser Terms, any Goods and Services Agreement, and any other terms you may subscribe to in connection with your use of the Platform or engagement with any Client, shall not exceed the most recent Advertising Access Fee paid to us by you.
All exclusions and limitations of liability set out in these Advertiser Terms shall apply to the fullest extent permissible under the applicable law.
You shall indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Advertiser Terms or any Goods and Services Agreement. Where you use the Platform inappropriately or maliciously or breach the terms of any Goods and Services Agreement, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.
You further warrant that your advertisements and activities on the Platform will be compliant with all applicable laws and regulations, including but not limited to advertising standards and consumer protection laws in the UAE. You shall be solely responsible for all content and representations made in your advertisements.
As electronic services are subject to interruption or breakdown, access to the Platform is offered on an “as is” and “as available” basis only.
We reserve the right to limit the availability of the Platform to any person, geographic area, or jurisdiction we so desire and/or to terminate your access to and use of the Platform, at any time and in our sole discretion.
We may, at our sole discretion, impose limits or restrictions on the use you may make of the Platform. Further, for commercial, security, technical, maintenance, legal, or regulatory reasons, or due to any breach of these Advertiser Terms, we may withdraw the Platform or your access to the Platform, or suspend such access, at any time and without notice to you.
You will comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the Platform and will not use the Platform or its content for any unlawful purpose. In particular, you agree not to post anything or take any actions that are inconsistent with the principles of Shariah Law.
When you use the Platform, you agree that you will conduct your activities in a faithful and beneficial manner towards other users of the Platform.
You agree that you will not (either yourself or through any third party):
use the Platform in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers;
use the Platform in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Platform or which is, or which is likely to be, in contravention of any applicable laws or any party’s rights or legal entitlements under any applicable laws;
use any robot, spider, screen scraper, data aggregation tool, or other automatic device, routine, or process (Automated Process) to process, monitor, copy, or extract any web pages on the Platform, or any of the information, content, or data contained within or accessible through the Platform, without our prior written permission;
use any Automated Process to aggregate or combine information, content, or data contained within or accessible through the Platform with information, content, or data accessible via or sourced from any third party;
use any Automated Process to interfere or attempt to interfere with the proper working of the Platform or any transaction or process being conducted on or through the Platform;
post, upload to, transmit, distribute, store, create or otherwise publish or make available through the Platform any content that is false, misleading, erroneous, fraudulent or content which is unlawful, libellous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or any content that in any way promotes violence, terrorism, alcohol consumption, arms dealing, pornography under Shariah principles. The content should also not promote or incite racism or xenophobia, hate speech, political activism, or animal cruelty, or otherwise be objectionable under Shariah principles, as we may determine in our sole and absolute discretion;
misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material which may be malicious or technologically harmful;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Platform;
attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
attempt to attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or any other arithmetic formula or processes in respect of the software underlying the infrastructure and processes associated with the Platform; or
copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any content from the Platform without our prior written permission.
We may, in our absolute discretion, remove, screen, or edit without notice any content posted or stored on the Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you require or that you post or store on the Platform at your sole cost and expense.
Your use of the Platform in violation of these Advertiser Terms may result in, among other things, termination or suspension of your rights to use the Platform and we may, in our sole discretion, report a breach of any such obligation which is also a breach of the applicable law to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
The Advertiser retains ownership of all intellectual property rights in any content uploaded to the Platform. However, the Advertiser grants Dobrh a worldwide, perpetual, royalty-free license to use, reproduce, and display such content in connection with the Platform. Upon termination of this Agreement, Dobrh shall continue to hold the rights to use the content for archival and compliance purposes.
We own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Platform.
If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents, now or in the future, as we may reasonably request in order to assign such intellectual property rights back to us.
You shall retain ownership of all copyright in data you upload or submit to the Platform. You grant us a worldwide, perpetual, exclusive, royalty-free, non-terminable license to use, copy, distribute, publish, and transmit such data for use by Dobrh.
We do not warrant or represent that the content of the Platform does not infringe the rights of any third party.
The Platform and its content are our property or the property of our licensors and are protected by copyright, trademark, patent, and other applicable laws.
You are permitted to download and print content from this Platform solely for your business use to the extent required to use the services provided on this Platform. The content must not be copied or reproduced, modified, redistributed, used, or otherwise dealt with for any other reason without our express written consent.
Except where necessary for and incidental to personally viewing the Platform through your web browser, or as permitted by these Advertiser Terms, no part of the Platform may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third-party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.
You undertake that you shall not at any time after you have been provided a unique username by us, divulge or communicate to any person (except to professional representatives or advisers or as may be required by law or any legal or regulatory authority) any Confidential Information, and will use best endeavours to prevent the unauthorised publication or disclosure of any Confidential Information, and will only use such Confidential Information for the purposes of proposing, considering or making transactions through the Platform. Confidential Information for the purposes of this clause shall include all information in whatever form (including in visual, oral, or electronic form) relating to us or your business.
All payment details you provide to us and personally identifiable information will not be stored, sold, shared, rented, or leased to any third parties. If you are asked to make a payment for Fees or any other purpose, the details you are asked to submit will be provided directly to our payment provider via a secure connection. We will not pass any debit/credit card details to third parties.
We take all appropriate steps to ensure data privacy and security, including through various hardware and software methodologies. However, we cannot guarantee the security of any information that is disclosed online. You agree that you shall, at your own expense, ensure that you comply with and assist us to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) any data protection legislation from time to time in force, including the UAE Federal Decree-law No. 45 of 2021. You shall consent to the processing of the personal data as outlined in our Privacy Policy.
Nothing in these Advertiser Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and Dobrh, constitute either party the agent of the other party, or authorise either party to make or enter into any commitments for or on behalf of the other party.
You hereby confirm that you are responsible and solely liable for all tax due in respect of benefits you receive under these Advertiser Terms or any relevant Goods and Services Agreement and shall indemnify Dobrh and keep Dobrh indemnified against any proceeding in respect of any non-payment by you in respect of any such tax.
We may terminate either or both of your login details and your access to the Platform for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.
All restrictions, disclaimers, exclusions, and limitations of our liability will continue to apply during suspension and will survive any termination. Upon suspension or termination, you must not directly or indirectly access or use the Platform.
When we terminate your access to the Platform for reasons other than a breach by you of these Advertiser Terms, we will refund the unused portion of any prepaid Advertising Access Fee.
We may perform any of our obligations and exercise any of the rights granted to us under these Advertiser Terms through a third party. We may novate and assign any or all our rights and obligations under these Advertiser Terms to any third party.
If any clause or part of any clause of these Advertiser Terms is found to be void, unenforceable, or invalid, then it will be severed from these Advertiser Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Advertiser Terms.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Advertiser Terms and conditions or otherwise.
If any of the provisions in these Advertiser Terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
All disclaimers, indemnities, and exclusions in these Advertiser Terms shall survive termination of the Terms, and shall continue to apply during any suspension or any period during which the Platform is not available for you to use for any reason whatsoever.
These Advertiser Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the Platform and the services provided via the Platform and supersede any and all prior or contemporaneous representations, communications, or agreements (written or oral) made between you or us.
These Advertiser Terms, together with the documents referred to in them, and any non-contractual obligations arising out of or in connection with them, shall be governed by the laws of the Abu Dhabi Global Market (ADGM). You irrevocably submit to the exclusive jurisdiction of the ADGM Courts over any claim or matter arising under or in connection with these Advertiser Terms, and we submit to the non-exclusive jurisdiction of the ADGM Courts in connection with the same.