Blue Bolt
1. INTRODUCTION
1.1 Welcome to Blue Bolt Home & Office Maintenance & Special Services.
Blue Bolt Technical Services LLC maintains the www.bluebolt.ae website (the
"Site”). Blue Bolt Home & Office Maintenance is a direct-to-consumer
startup focused on
sustainable consumer technology, helping households save the planet and money
with design-led products. Our debut product is a sleek, installation free
device that purifies tap water to provide clean, mineralized and
temperature-controlled water. Blue Bolt Home & Office Maintenance has a
developed a
platform with the aim of selling its water purification device (the
"Services") using Blue Bolt Home & Office Maintenance’s website
["www.bluebolt.ae"]
(the "Website") and any related mobile or software applications (the "")
The Website is collectively referred to as the "Platform".
1.2 These terms and conditions (the "Terms") are intended to make you
aware of your legal rights and responsibilities with respect to your access to
and
use of the Website. In these Terms "we", "us", "our" refers
to Blue Blue Bolt Technical Services LLC ("Blue Bolt Home & Office
Maintenance") a
company holding trade license number 1104696, and "you" "your",
"Customer" shall refer to you
as the Website Customer. Any information, text, links, graphics, photos, audio,
videos, data, code or other materials or arrangements of materials that you can
view on, access, or otherwise interact with through the Website and shall be
referred to as "Content". The Content that you contribute submit,
transmit and/or
post to or through the Website and, shall be referred t5 variously as "Your
Content", "Content of yours", and/or "Content you submit."
1.3 These Terms govern the placement of orders ("Order") (as defined
below) with Blue Bolt Home & Office Maintenance for our water purification
devices (the "Products")
1.4 PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY. THE TERMS AND CONDITIONS
SET FORTH BELOW AND THE PRIVACY POLICY AND THE ORDER POLICY (AS DEFINED BELOW)
CONSTITUE A LEGALLY
BINDING AGREEMENT. By using our Services, you confirm that you hereby certify
that: (1) you are Customer, (2) you have the authority to accept these Terms,
and (3) you
agree to be bound by all terms and conditions of these Terms and any other
documents incorporated by reference herein. If you do not agree to these Terms,
you must not
use our website and/or our. Upon accessing the Website, including any version of
this Website that has been amended to geographically suit its Users, you will be
asked
to consent to being bound by these Terms as well as our website privacy policy
(the "Privacy Policy"). Users are hence advised to review these Terms and
our Privacy Policy
prior to use of the Website. These Terms, together with the Privacy Policy,
constitute the entire agreement between you and us in relation to your use of
this Website.
1.5 These Terms govern your access, browsing and usage of the Services.
1.6 You acknowledge that the Platform may contain links to may contain links to
other websites which are not operated by us (the "Third Party Sites"). We
have no
control over these Third-Party Sites and hereby accept no responsibility for
their content or for any loss or damage that may arise from your use of them.
You further
acknowledge and accept that your use of the Third-Party Sites will be subject to
the provisions, terms and conditions contained within each such Third-Party
Site.
1.7 We will not trade with or provide any services to OFAC and sanctioned
countries.
2. DEFINITIONS
2.1 The definitions and rules of interpretation in this clause shall apply
throughout these Terms:
"Account" means the account you create with Blue Bolt Home & Office
Maintenance using your Electronic Account or certain third-party social
networking
accounts (including but not limited to Facebook, Twitter, Instagram) to access
the Services;
"" means any mobile or software application owned by Blue Bolt Home & Office
Maintenance to provide services to the User;
"Content" means any information, text, links, graphics, photos, audio,
videos, data, code or other materials or arrangements of materials that you
can view on, access or otherwise interact with through the Services;
"Customer" means the Account holder or a Customer of the Website and
;
"Policies" means any terms, conditions, and policies (separate from these
Terms) made available on the Services;
"Website" means the website ["www.bluebolt.ae"] owned by Blue Bolt Home
& Office Maintenance
"Blue Bolt Home & Office Maintenance" means Blue Bolt Technical
Services LLC. holding trade license number 1104696 and their respective agents,
servants, officers, and employees.
3. USE OF THE SERVICES
3.1 The Platform affords the opportunity to use the Services. We do not make any
guarantees with respect to services provided. You understand that we do not
routinely screen users.
3.2 We, our affiliates, or licensors are not responsible for any conduct by you
hereby release us, our affiliates or licensors from any liability related
thereto. We, our affiliates, or
licensors will not be liable for any claim, injury or damage arising with you
resulting from your breach of these Terms in using our Services.
3.3 Information on the processing of customer data can be found in Blue Bolt
Home & Office Maintenance’s privacy policy, available at the following link
https://www.bluebolt.ae/Privacy-Policy/.
3.4 We reserve the right to amend these Terms at any time without notice and the
Users' continued use of the Website following the amendments represents the
Users' agreement to be
bound by the Terms as amended. It is hence the responsibility of each Customer
to review these Terms regularly while using the Website.
3.5 We may, from time to time, decide to change, update, or discontinue certain
features of the Services. You agree and understand that we have no obligation to
store or maintain
your Content or other information you provide, except to the extent required by
any applicable laws.
3.6 Some Content you see or otherwise access on or through the Website is used
for commercial purposes. You agree and understand that we may place advertising
and promotions on the
Services alongside, near, adjacent, or otherwise in close proximity to your
Content for commercial purposes.
3.7 In the event of any breach or violation of any terms hereunder, Blue Bolt
Home & Office Maintenance reserves the right to pursue legal remedies
available under the applicable
laws and regulations.
4. REGISTRATION AND GENERATED CONTENT
4.1 In order to use and access the Services, you may either create a customer
account or purchase the Services as a guest. When the Customer registers, a
customer account is set
up for the Customer, in which the Customer's personal data is stored for future
orders and for calling up the order status. The Customers receive access to
their account
via the login data selected by him.
4.2 When registering, the Customer chooses a personal username and password. To
activate your account, you confirm your access to the specified e-mail address
by clicking on
the activation link sent to this e-mail address.
4.3 If you choose to create an account, you must provide complete and accurate
information, and warrant to update such information as and when required. You
must keep your password
confidential and are solely responsible for maintaining the confidentiality and
security of the details of your account, all changes and updates submitted
through your account, and
all activities that occur in connection with your account.
4.4 If you are creating an account for commercial purposes and are accepting
these Terms on behalf of a company, organization, or other legal entity, you
represent and warrant that you
are authorized to do so and have the authority to bind such entity to these
Terms, in which case the words "you", "your" and "User" as used in these
Terms shall refer to such entity.
4.5 In creating an account, you represent to us that all information provided to
us in
someone else, create or use an account for anyone other than yourself, provide
an email address other than your own, or provide or use false information to
obtain access to
the Services that you are not legally entitled to claim. You acknowledge that
any access to Blue Bolt Home & Office Maintenance using falsely claimed
accounts may cause us,
or third parties to incur substantial economic damages and losses for which you
may be held liable and accountable.
4.6 You shall not upload, post, transmit, transfer, disseminate, distribute, or
facilitate distribution of any content, including text, images, video, sound,
data, information, or
software, to any part of the Platform, including your profile (the
"Profile"), the posting of your desired Service ("Want"), or the
posting of any opinions or reviews in connection
with the Platform or the Service (the "Feedback") (all the foregoing
content is sometimes collectively referred to herein as the "Generated
Content" and the posting of Generated
Content is sometimes referred to as a "Posting" or as "Postings")
that:
i. infringe the copyrights or database rights, trademarks, rights of privacy,
publicity or other intellectual property or other rights of any other person or
entity;
ii. contain any material which is defamatory of any person or entity;
iii. misrepresents the source of anything you post, including impersonation of -
individual or entity; provides or create links to external sites that violate
the Terms of Use;
is intended to harm or exploit any individual under the age of 18 ("Minor") in,
any way; is designed to solicit, or collect personally identifiable information
of any Minor, including, but not
limited to, name, email address, home address, phone number, or the name of his
or her school;
iv. breach any legal or fiduciary duty owed to a third party, such as a
contractual duty or a duty of confidence;
v. violate any other applicable law, ordinance, rule, regulation or public
order;
vi. invades anyone's privacy by attempting to harvest, collect, store, or
publish private or personally identifiable information, such as names, email
addresses, phone numbers,
passwords, account information, credit card numbers, home addresses, or other
contact information without their knowledge and willing consent;
vii. contains falsehoods or misrepresentations that could damage Blue Bolt Home
& Office Maintenance or any Third-Party;
viii. is pornographic, harassing, hateful, illegal, obscene, defamatory,
libelous, slanderous, threatening, discriminatory, racially, culturally or
ethically offensive;
incites, advocates, or expresses pornography, obscenity, vulgarity, profanity,
hatred, bigotry, racism, or gratuitous violence; encourages conduct that would
be considered a criminal
offense, give rise to civil liability or violate any law; promotes racism,
hatred or physical harm of any kind against any group or individual; contains
nudity, violence or
inappropriate subject matter; or is otherwise inappropriate.
4.7 All Generated Content posted on the Platform will be linked to your username
provided at the time of registration.
4.8 Should the Generated Content have any criminal implications under the valid
laws of the United Arab Emirates, we reserve the right to submit same to the
relevant
authorities and to disclose your identity to any relevant and competent
authorities.
5. ELIGIBILITY OF USE
5.1 These Terms form a legally binding contract, and you confirm, represent, and
warrant that you are legally entitled to use our Platform, avail our Services,
and have attained the
minimum age of 18 years. If you are between the ages of 14 and 18. you need to
obtain parental consent and supervision in order to use the Platform. The use of
and access to the
Platform is strictly prohibited in the event we have restricted or banned you
from using our Platform for any reason whatsoever.
5.2 By browsing through and/or using the Platform, you guarantee and undertake
that you meet the eligibility criteria to use the Platform. In the event you are
browsing through
and/or using the Platform on behalf of a corporate entity, you represent,
warrant, and undertake that you are authorized to act on behalf of such entity.
All references to "you"
or "your", as applicable, mean the person that accesses, uses the Platform in
any manner. If you use our Platform or open an account on behalf of a corporate
entity, you represent
and warrant that you have the authority to bind that business and your
acceptance of the Terms of Use will be deemed an acceptance by that corporate
entity and "you" and "your"
herein shall refer to that business.
5.3 To the extent you do not meet the eligibility criteria set herein, we may,
at our sole discretion, restrict or block your access to and use of our Platform
and seek any
other remedies legally available to us. We further reserve the right to exercise
whatever lawful means we deem necessary in order to prevent unauthorized access
to or use
of the Platform.
5.4 You need not register with us to simply visit and view the Platform or our
services.
6. NO DISCRIMINATION
The laws of the United Arab Emirates prohibit any preference, limitation or
discrimination based on race, color, religion, sex, ethnic origin, age, caste,
doctrine,
handicap, or other protected class. Blue Bolt Home & Office Maintenance will
not knowingly accept any Posting which is in violation of the law.
Blue Bolt Home & Office Maintenance has the right, in its sole discretion
and without prior notice to you; to immediately remove any posting that
discriminates
is any way in violation of any law.
7. PROHIBITED ACTIVITIES
7.1 The Content and information available on the Website are proprietary to Blue
Bolt Home & Office Maintenance or licensed to Blue Bolt Home & Office
Maintenance by third parties.
Users agree that they shall not engage in any of the following activities in
connection with your use of the Website:
i. post information on the Website and/or the App that is obscene, defamatory,
threatening or malicious in nature or any other material that is prohibited by
law;
ii. publish any copyright material, or material protected by any other
intellectual property rights, unless legal right to use and post such material
has been obtains and is
valid at the time of posting;
iii. infringe or use Blue Bolt Home & Office Maintenance’s brand, logo(s)
and/or trademark(s) in any business name, e-mail, URL or other context unless
expressly approved in writing
by the owner of the intellectual property as applicable;
iv. attempt to circumvent any protective technological measure associated with
the Services;
v. violate the restrictions of any robot exclusion headers on the Website or
bypass or circumvent their measures employed to prevent or limit access to the
Service;
vi. access, monitor, reproduce, distribute, transmit, broadcast, display, sell,
license, copy or otherwise exploit any Content of the Services, including but
not limited to, Customer
profiles and photos, using any robot, spider, scraper or other automated means
or any manual process for any purpose not in accordance with these Terms or
without express authorization from Blue Bolt Home & Office Maintenance;
vii. attempt to access or search the Website or any Content contained therein
through the use of any engine, software, tool, agent, device or mechanism
(including scripts, bots, spiders,
scraper, crawlers, data mining tools or the like) other than through software
generally available through web browsers;
viii. download any Content unless it's expressly made available for download by
Blue Bolt Home & Office Maintenance;
ix. post, upload, transmit or otherwise distribute chain letters, pyramid
schemes, advertising or spam;
x. impersonate or misrepresent your affiliation with another person or entity;
xi. harvest or otherwise collect information about others. Including telephone
numbers for unlawful purposes;
xii. interfere with or disrupt any of the associated computer or technical
delivery systems
xiii. interfere with, or attempt to interfere with, the access of any User, host
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, or mail-bombing the Website;
xiv. modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any
information, software, products, or services
obtained from or through the Website; and
xv. use the Website, or any Content on the Website in any manner not permitted
by these Terms.
7.2 Users agree not to use the Website in any way or action that may:
i. cause damage to, or impair the performance of the Website, inclusive of its
availability and accessibility to Customers and Blue Bolt Home & Office
Maintenance;
ii. be illegal, fraudulent, or harmful to any person or company in any direct or
indirect manner; and
iii. use the 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.
8. CONTENT
8.1 Ownership of Blue Bolt Home & Office Maintenance’s Content and
Intellectual Property Rights
i. "Intellectual Property" means all (i) patents, improvements thereof,
patent applications and registrations, Inventions (whether patentable or not)
(ii) trademarks, trade names, trade-mark
applications and registrations service marks, domain logos and designs; (iii)
copyrights, copyright applications and registrations; (iv) trade secrets,
know-how and other intellectual property; and (v)
computer systems and applications software including all documentation and
modifications thereof.
ii. Subject to the express provisions of these Terms, we own, control, license,
and reserve all the intellectual property rights and the Content used on the
Website. You agree not to use, remove, alter,
modify, create derivative works of or obscure any copyright, trademark, service
mark, or other proprietary rights notices incorporated in or accompanying the
Services or Content. You must not use any part
of the Content on our Website for commercial purposes without obtaining license
to do so from us or our licensors.
iii. All Content posted on the Website or submitted by the Users to Blue Bolt
Home & Office Maintenance are protected by the relevant copyright laws. We
authorize you to view or download a single copy
of the material on the Website solely for your personal, non-commercial use if
you include the copyright notice located at the end of the material, for
example: "copyright 2023, All rights reserved by
Blue Bolt Technical Services Co. LLC" and other copyright and proprietary rights
notices that are contained in the Content. Any special rules for the use of
certain software and other items accessible
on the Website may be included and are incorporated into these Terms by
reference.
iv. Any use of the Content not expressly permitted by these Terms is a breach of
these Terms and may violate intellectual property, and other laws. Content and
features are subject to change or
termination without notice in the editorial discretion of Blue Bolt Home &
Office Maintenance. All rights not expressly granted herein are reserved to Blue
Bolt Home & Office Maintenance and its licensors.
8.2 Your License to Blue Bolt Home & Office Maintenance’s Content
i. We grant you a personal, limited, revocable, non-exclusive, and
non-transferable license to access and use the Website only as expressly
permitted in these Terms. You shall not use the
Services for any illegal purpose or in any matter inconsistent with these Terms.
You may use information made available through the Services solely for your
personal, non-commercial use. You
agree not to use, copy, display, distribute, modify, broadcast, translate,
reproduce, reformat, incorporate into advertisements and other works, sell,
promote, create derivative works, or in
any way exploit or allow others to exploit any of our Content in whole or in
part except as expressly authorized by us. Except as otherwise expressly granted
to you in writing we do not grant
you any other express or implied right or license to our Content or Intellectual
Property Rights.
ii. If you violate any of these Terms, your permission to use the materials
automatically terminates and you must immediately destroy any copies you r made
of any part of the materials. You
may also be potentially liable for Intellectual Property Rights infringement
based on the circumstances.
8.3 Blue Bolt Home & Office Maintenance’s License to Customer Content
i. Upon submission of Your Content, you hereby grant Blue Bolt Home & Office
Maintenance a perpetual, non-exclusive, irrevocable, fully paid, royalty-free,
assignable, sub-licensable and
transferable right to use your Generated Content and all Intellectual Property
rights therein for any purpose or Use.
ii. For the avoidance of doubt, "Use" means use, copy, display, distribute,
modify, translate, reformat, incorporate into advertisements and other works,
analyze, promote, commercialize,
create derivative works of.
iii. We reserve the right, at any time and without prior notice, to remove,
block, or disable access to whole or any part of Your Content that we, for any
reason consider to be objectionable,
in violation of the Terms or otherwise harmful to the Website our Users at our
sole discretion. Subject to the requirements of applicable law, we are not
obligated to return any of Your Content
to you under any circumstances.
iv. Accordingly you represent that: (a) you either are the sole and exclusive
owner of all Generated Content that you make available through the Platform or
you have all the necessary rights,
licenses, consents and releases that are required to be granted to us; and (b)
uploading, posting, publication, submission or transmittal of the Generated
Content, or our use of the Generated
Content (or any portion thereof) on, through or by means of the Platform will
not infringe, misappropriate or violate a third party's patent, copyright,
trademark, trade secret, moral rights or
other intellectual property rights or rights of publicity or privacy, or result
in the violation of any applicable law or regulation.
9. CUSTOMER RATING, REVIEWS AND FEEDBACK
9.1 Users are allowed rate, review and provide feedback for the services
rendered by Blue Bolt Home & Office Maintenance
9.2 The Customers agree that they shall use reasonable and good faith efforts to
ensure that neither engages in any vilification to third parties, and shall
refrain from making any false, negative, critical or disparaging statements,
implied or expressed, concerning Blue Bolt Home & Office Maintenance (which
shall include its owner, management team, staff and clients), including, but not
limited to, management style, methods of doing business, the quality of
Platform, or treatment of employees to any external persons or entities.
9.3 The Customers agree and accept that by providing your Content to or the
Services, be it via email, posting via the Website, or otherwise including any
of your Content that is transmitted to your account by virtue of your rating,
reviews, feedback, questions, photographs or videos, comments, suggestion ideas
etc. you grant us a nonexclusive, royalty-free, perpetual, transferable,
irrevocable and fully sub-licensable right to:
i. host, use, reproduce, modify, run, adapt, translate, distribute, publish,
create derivative works from and publicly display and perform such Content of
yours throughout the world in any media, now known or hereafter devised;
ii. make your Content available to the rest of the world and to let others do
the same;
iii. to provide, promote, and improve the Services and to make your Content
shared on the Services available to other companies, organizations or
individuals for the syndication, broadcast, distribution, promotion, or
publication of such Content of yours on other media and services, subject to our
Privacy Policy and this Agreement; and
iv. use the name and/or trademark that you submit in connection with such
Content of yours. You acknowledge that we may choose to provide attribution of
your Content at our discretion. You further grant us the right to legally pursue
any person or entity that violates your or Blue Bolt Home & Office
Maintenance’s rights in Your Content. You acknowledge and agree that Your
Content is non-confidential and non-proprietary. You affirm, represent, and
warrant that you own or have the necessary licenses, rights (including copyright
and other proprietary rights), consents, and permissions to publish and
otherwise use
Your Content as authorized in these Terms.
9.4 The following actions constitute inappropriate uses of Feedback: (a)
threatening to leave negative or impartial Feedback for another user unless that
user provides services not included in the original Posting or not agreed to as
part of the Service to be provided; (b) leaving Feedback in order to make the
Service Professional or Service User appear better than he or she actually is or
was; and (c) including conditions in an Offer or Want that restrict a Service
Professional or a Service User from leaving Feedback.
i. Sanctions for Inappropriate Use of Feedback: If you violate any of the
above-referenced rules in connection with leaving Feedback, Blue Bolt Home &
Office Maintenance, in its sole discretion, may take any of the following
actions: (a) cancel or remove your Feedback or any of your Postings; (b) limit
your account privileges; (c) suspend your account.
ii. Reporting Inappropriate Use of Feedback: You may contact Blue Bolt Home
& Office Maintenance regarding any inappropriate use of Feedback via-email
at contactus@bluebolt.ae
iii. Resolving Disputes in Connection with Feedback: In the event of any dispute
between users of the Platform concerning Feedback, Blue Bolt Home & Office
Maintenance shall be the final arbiter of such dispute. Further, IN THE EVENT OF
ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, BLUE BOLT HOME
& OFFICE MAINTENANCE HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO
REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING
ANY LIABILITY THEREFROM.
9.5 The foregoing lists of prohibitions provide examples and are not complete or
exclusive. Blue Bolt Home & Office Maintenance reserves the right to (a)
terminate your access to your Account, your ability to post to these Platform
(or the Services) and (b) refuse, delete or remove, move or edit the content, in
whole or in part, of any Postings; with or without cause and with or without
notice, for any reason or no reason, or for any action that Blue Bolt Home &
Office Maintenance determines is inappropriate or disruptive to the Services or
to any other user of the Platform and/or Services. Blue Bolt Home & Office
Maintenance reserves the right to restrict the number of e-mails or other
messages that you are allowed to send to other users to a number that Blue Bolt
Home & Office Maintenance deems appropriate in its sole discretion. Blue
Bolt Home & Office Maintenance may report to law enforcement authorities any
actions that may be illegal, and any reports it receives of such conduct. When
legally required or at Blue Bolt Home & Office Maintenance’s discretion,
Blue Bolt Home & Office Maintenance will cooperate with law enforcement
agencies in any investigation of the following actions constitute inappropriate
uses of Feedback: (a) threatening to leave negative or impartial Feedback for
another user unless that user provides services not included in the original
Posting or not agreed to as part of the Service to be provided; (b) leaving
Feedback in order to make the Service Professional or Service User appear better
than he or she actually is or was; and (c) including conditions in an Offer or
Want that restrict a Service Professional or a Service User from leaving
Feedback.
i. Sanctions for Inappropriate Use of Feedback: If you violate any of the
above-referenced rules in connection with leaving Feedback, Blue Bolt Home &
Office Maintenance, in its sole discretion, may take any of the following
actions: (i) cancel or remove your Feedback or any of your Postings; (ii) limit
your account privileges; (iii) suspend your account.
ii. Reporting Inappropriate Use of Feedback: You may contact Blue Bolt Home
& Office Maintenance regarding any inappropriate use of Feedback via-email
at contactus@bluebolt.ae.
iii. Resolving Disputes in Connection with Feedback: In the event of any dispute
between users of the Platform concerning Feedback, Blue Bolt Home & Office
Maintenance shall be the final arbiter of such dispute.
Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING
FEEDBACK, BLUE BOLT HOME & OFFICE MAINTENANCE HAS THE RIGHT, IN ITS SOLE AND
ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY
ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
Blue Bolt Home & Office Maintenance does not and cannot review every
Posting posted within the Platform. These prohibitions do not require Blue
Bolt Home & Office Maintenance to monitor,
police or remove any Postings or other information submitted by you or any
other user.
10. COMMUNICATION GUIDELINES
10.1 The Website is only to be used for its intended purpose. You may not use
the Content provided through the Website and in any manner or for any purpose
other than that which is expected.
10.2 Discussions between Customers and Blue Bolt Home & Office Maintenance
will be handled in the appropriate manner through Blue Bolt Home & Office
Maintenance’s customer
service ("Customer Service") either by chat box, email, or the Customer's
accounts.
10.3 You may not post information or comments on the Services and on third party
social media platforms that are obscene, defamatory, threatening, malicious,
slanderous, or disparaging
in nature or any other material that is prohibited by law, about Blue Bolt Home
& Office Maintenance and its Services.
10.4 Users acknowledge and accept that an actual or threatened breach of any
term(s) of this Clause may be penalized by implementing any one or more of the
following:
i. Removal/deactivation of their account from our website, and/or
ii. Disqualifying their use of our website indefinitely unless a written
approval has been obtained by us allowing them to recreate their account.
10.5 Blue Bolt Home & Office Maintenance shall not be held liable for any
loss or damage experienced by any person as a result of implementing the
penalties above.
10.6 Blue Bolt Home & Office Maintenance will not be liable for any direct,
indirect, or consequential loss or damage (whether for loss of profit, loss of
business, depletion of
goodwill or otherwise), claims of death or personal injury, costs, expenses, or
other claims for consequential compensation whatsoever (and howsoever) caused,
including slander or
personal offence which arise out of use or in connection with the Website's
communication, chat functionality, and third-party social media platforms.
11. WARRANTIES AND DISCLAIMERS
11.1 We do not guarantee, represent, or warrant that your use of our service
will be uninterrupted, timely, secure, or error-free.
11.2 We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
11.3 You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
11.4 You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to you
through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for
your use, without any representation, warranties, or conditions of any kind,
either express or implied,
including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and
non-infringement.
11.5 In no case shall Blue Bolt Home & Office Maintenance, our directors,
officers, employees, affiliates, agents, contractors, interns, suppliers,
service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or
otherwise, arising from
your use of any of the service or any products procured using the service, or
for any other claim related in any way to your use of the service or any
product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of the use of the service or any content (or product)
posted, transmitted,
or otherwise made available via the service, even if advised of the possibility.
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
12. PRIVACY POLICY
12.1 In order to provide the Services, we need information about you, and we
only use your information where we have a legal basis to do so. Please refer to
our Privacy
Policy to help you understand what information we collect, how we use it and
what choices you have when you use our Services.
12.2 We adopt standard data collection, storage, processing practices and
security measures in accordance with GDPR rules and regulations, in order to
protect against
unauthorized access, alteration, disclosure or destruction of Users' data stored
on our Services.
13. VIOLATIONS
13.1 If Blue Bolt Home & Office Maintenance becomes aware of any possible
violations by you of these Terms, then we reserve the right to investigate such
violations. If, as a result
of the investigation, we suspect or have reason to believe that criminal
activity has occurred, then we shall refer the matter to any and all applicable
legal authorities.
13.2 Blue Bolt Home & Office Maintenance is entitled, except to the extent
prohibited by applicable law, to disclose any information or materials on the
Services, including Your Content, to:
i. comply with applicable laws, legal process or governmental request;
ii. enforce the Terms;
iii. respond to any claims that Your Content violates the rights of third
parties;
iv. respond to your requests for customer service, or
v. protect the rights, property, or personal safety of Blue Bolt Home &
Office Maintenance, its Users and all enforcement or other government officials,
as Blue Bolt Home & Office Maintenance
in its sole discretion believes to be necessary or appropriate.
13.3 In the event the Customer has violated these terms, Blue Bolt Home &
Office Maintenance can temporarily suspend the Users' Account or indefinitely
terminate the Account at
our sole discretion.
14. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable
to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity
and enforceability of any other remaining provisions.
15. MAINTENANCE
We will do our best to have the Platform up and running for the whole year, with
the exceptions (i) scheduled system maintenance (notice of same to be provide as
soon as practical), (il)
emergency maintenance which might occur from time to time.
16. WAVIER
16.1 If we fail to insist upon strict performance of any of the Customers
obligations under these Terms, or if we fail to exercise any of the rights or
remedies to which we are
entitled under these Terms, this will not constitute a waiver of such rights or
remedies and will not relieve Customers from compliance with such obligations.
16.2 Waiver by us of any particular defaults) will not constitute a waiver of
any subsequent defaults).
17. INTELLECTUAL PROPERTY
17.1 You are not allowed to use any content from the Platform for any commercial
purpose without the prior express written consent of and/or license granted for
this purpose by us
17.2 You are not entitled to change, modify and/or edit the digital or hard
copies of any particular content of the Platform and/or add, modify and/or use
certain photographs, texts,
images and/or video and/or audio content to the original content of the
Platform.
17.3 We expressly reserve all rights regarding the www.bluebolt.ae domain name
and all related domains and sub-domains, the name "Blue Bolt Home & Office
Maintenance" the logo, service
marks, trading names and/or trademarks. Other trademarks, products and company
names mentioned on the Platform may be trademarks of their respective owners or
licensors and the rights in
such marks are reserved to their respective owners or licensors.
18. THIRD-PARTY RIGHTS
This contract is between the Customers and Blue Bolt Home & Office
Maintenance. No other third-party shall have any right to enforce any of its
Terms, unless expressly stated in these
Terms, or authorized in writing by Blue Bolt Home & Office Maintenance.
19. TERMINATION
19.1 The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
19.2 These Terms of Service are effective unless and until terminated by either
you or us. You may terminate these Terms of Service at any time by notifying us
that you no
longer wish to use our Services, or when you cease using our site.
19.3 If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you access to our
Services (or any part thereof).
20. FORCE MAJEURE.
20.1 We will not be responsible for any failure to perform, or delay in
performance of, any of our obligations under these Terms that is caused by
events outside our reasonable control
including (without limitation) Acts of God, internet failure, malfunction of
data/database/software, overbooking, or otherwise, fire, flood, severe weather,
explosion, war, act of terrorism,
industrial dispute (whether or not involving Blue Bolt Home & Office
Maintenance’s employees), lockdowns, epidemics, pandemics, cancellations due to
outbreaks of viruses, or acts of local
or central government or other competent authorities.
20.2 Blue Bolt Home & Office Maintenance reserves the right to postpone,
cancel or provide a refund as it deems fit in the event of a force majeure. Any
refunds are subject to the sole
discretion of Blue Bolt Home & Office Maintenance.
21. disclaimer of warranties
you agree that your use of the platform shall be at your own risk. to the
fullest extent permitted by law, and blue bolt home & office maintenance and
its officers, managers, members,
directors, employees, successors, assigns, subsidiaries, affiliates, service
professionals, suppliers, and agents disclaim all warranties, express, implied,
statutory or otherwise, and
make no warranties, representations, or guarantees in connection with the
platform, the services offered on or through this platform, any data, materials,
generated content, relating to
the quality, suitability, truth, accuracy or completeness of any information or
material contained or presented on the platform, including without limitation
the materials, data and
generated content of other users of this site or other third parties. unless
otherwise explicitly stated, to the maximum extent permitted by applicable law,
this platform, the services
offered on or through the platform, data, materials, generated content, and any
information or material contained or presented on this platform is provided to
you on an "as is," "as available"
and "whereis" basis with no warranty of implied warranty of merchantability,
fitness for a particular purpose, or non-infringement of third -party rights.
blue bolt home & office maintenance
does not provide any warranties against errors, mistakes, or inaccuracies of
data, content, information, materials, substabce of the platform or generated
content, any unauthorized
access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein, any bugs, viruses, trojan horses,
or the like which may
be transmitted to or through the platform by any third party, any interruption
or cessation of transmission to or from the platform, any defamatory, offensive,
or illegal conduct of
any third party or service user or service professional, or any loss or damage
of any kind incurred as a result of the use of any data, content, information,
materials, substance of
the platform or generated content posted, emailed, transmitted, or otherwise
made available via the platform. blue bolt home & office maintenance does
not endorse, warrant, guarantee,
or assume responsibility for any platform or service advertised or offered by a
third party through the platform or any hyperlinked site or featured in any
banner or other advertisement.
blue bolt home & office maintenance will not be a party to or in any way be
responsible for monitoring any transaction between you and any party, including
third party service professionals
of platform or services. as with the use of any product or service, and the
publishing or posting of any material through any medium or in any environment,
you should use your best judgment
and exercise caution where appropriate.
22. limitations of liability
in no event shall blue bolt home & office maintenance, or its respective
officers, managers, members, directors, employees, successors, assigns,
subsidiaries, affiliates, service professionals,
suppliers, attorneys or agents, be liable to you for any direct, indirect,
incidental, special, punitive, consequential or exemplary damages (including but
not limited to loss of business,
revenue, profits, use, data or other economic advantage whatsoever resulting
from any (i) access to or use of the platform or any services offered by
any service professionals via the platform,
including services provided pursuant to an agreement formed independently of the
platform, whether or not an agreement for service formed via the platform is in
effect; (ii) errors, mistakes,
or inaccuracies of data, marks, content, information, materials or substance of
the platform or generated content; (iii) any unauthorized access to or
use of our secure servers and/or any
and all personal information and/or financial information stored therein;
(iv) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the platform by any
third party; (v) any interruption or cessation of transmission to or from
the platform; (vi) any errors or omissions in any data, content,
information, materials or substance of the
platform or generated content; (vii) any failed negotiations for a
service, any disputes that arise during or after the negotiation of a service or
the formation of a contract for a
service, or any other dispute that arises between users of the platform;
(viii) any defamatory, offensive, or illegal conduct of any third party
or service user or service professional;
or (ix) any use of any data, marks, content, information, materials or
substance of the platform or generated content posted, emailed, transmitted, or
otherwise made available on or
through the platform, whether based on warranty, contract, tort (including
negligence), or any other legal theory, and whether or not blue bolt home &
office maintenance is advised of
the possibility of such damages. the foregoing limitation of liability shall
apply to the fullest extent permitted by law in the applicable jurisdiction.
in no event shall the total, aggregate liability of blue bolt home & office
maintenance, or any of the above-referenced respective parties, arising from or
relating to the platform, and/or
generated content exceed the total amount of fees actually paid to blue bolt
home & office maintenance by you hereunder.
you hereby acknowledge and agree that blue bolt home & office maintenance
shall not be liable for generated content or the defamatory, offensive, or
illegal conduct of any third party or
service user or service professional and that the risk of harm or damage from
the foregoing rests entirely with you. you further acknowledge and agree that
blue bolt home & office maintenance
shall not be liable for any direct, indirect, incidental, special, punitive,
consequential or exemplary damages (including but not limited to loss of
business, revenue, profits, use data or
other economic advantage) whatsoever resulting from or relating to any contract
between customers entered into independently of the platform.
the platform may contain links to third- party blue bolt home & office
maintenance that are not owned or controlled by wiswell. blue bolt home &
office maintenance does not have any control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any third -party companies. in addition, blue bolt home &
office maintenance will not and cannot
censor or edit the content of any third- party site. by using the platform, you
expressly relieve blue bolt home & office maintenance from any and all
liability arising from your use of
any thirdparty website. accordingly, please be advised to read the terms and
conditions and privacy policy of each third-party website that you visit,
including those directed by the
links contained in the platform.
23. indemnification and release
you agree to defend, indemnify and hold harmless blue bolt home & office
maintenance, and its officers, managers, members, directors, employees,
successors, assigns, subsidiaries,
affiliates, service professionals, suppliers, and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not
limited to attorneys' fees) arising from your use of, access to, and
participation in the platform; your violation of any provision of the terms of
use, including the privacy policy;
your violation of any third- party right, including without limitation any
copyright, property, proprietary, intellectual property, or privacy right; or
any claim that your generated
content caused damage to a third party. this defense and indemnification
obligation will survive these terms of service and your use of the platform.
if you have a dispute with one or more platform users, you forever release blue
bolt home & office maintenance (and its officers, managers, members,
directors, employees, successors, assigns,
subsidiaries, affiliates, service professionals, suppliers, agents,
subsidiaries, and employees) from any and all claims, demands and damages
(actual and consequential) of every kind
and nature, known and unknown, arising out of or in any way connected with your
use of the platform and/or any generated content.
the terms of use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by blue bolt home &
office maintenance without restriction.
24. GOVERNING LAW AND JURISDICATION
24.1 These Terms shall be governed by, and constructed in accordance with, the
laws of Dubai International Financial Centre (hereinafter “DIFC”).\
24.2 The Parties irrevocably agree that the DIFC Courts shall have exclusive
jurisdiction to settle any dispute or claim that arises out of or in connection
with these Terms or its
subject matter or formation (including non-contractual disputes claims).
25. CONTACT INFORMATION
If you have any further questions, contact us via email contactus@bluebolt.ae