These ExploreTECH (“we” or “ET”) (a division of Insight Out Consultancy DMCC (“IOC”)) Terms of Service (“Terms”) describe when and the conditions under which you as Buyer (“you” or “Buyer”) (defined below) are allowed to access or use the ET website at www.exploretech.io (“Site”). These Terms contain disclaimers and other provisions that limit our liability to you. Please read these Terms carefully before visiting our Site.
ET services (“Services”) offered herein comprise an online platform centralizing suppliers of hospitality, travel and tourism software (“Suppliers”) through which individuals or corporate entities may view, explore Suppliers, their products and services and contact them for information and proposals on the Site by creating an account (“Buyers”). Buyers understand and agree that the Site is only providing a platform for Buyers to request information and proposals from Suppliers. ET is not and shall not be a party to any agreements or transactions entered into between Buyers and Suppliers.
ET reserves the right to change and modify these Terms or any other ET policies related to use of the Site without the consent of Buyers or otherwise, at any time and at its sole discretion by positing revisions on the Site. Continued use of the Site will constitute acceptance of such changes or modifications.
If you violate these Terms, ET may terminate your use of the Site, bar you from future use of the Site and/or take appropriate legal action against you.
ET’S PROVISION OF THE SITE AND SITE LICENSE
Subject to Buyer’s compliance with these Terms, IOC grants Buyer a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site. All rights not expressly granted in this Agreement are reserved by IOC. The license granted in this section is conditioned on Buyer’s compliance with these Terms. Buyer’s rights under this Section 1 will immediately terminate if, in the sole judgment of IOC, Buyer has breached any provision of this Agreement.
ONWERSHIP OF INTELLECTUAL PROPERTY RIGHTS
IOC retains all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Services. The ET logo and names are trademarks of IOC and are registered in United Arab Emirates and Saudi Arabia. Buyer must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Site or the Services. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners. Nothing in the Terms grants you a right to use any ET or IOC Marks. Buyer shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to www.exploreTECH.com (the Website) or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of): (a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same; (b)Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
PERMITTED SITE USES
ET offers the Site and Services for Buyers’ business purposes only. ET makes the Site and Services available for Buyers and Suppliers to find one another and for Buyers to request information and proposals from Suppliers. If Buyers and Suppliers then choose to enter into agreements, such agreements shall be outside the scope of the Site and Services.
PROHIBITED SITE USES
Buyer may not use, or encourage, promote, facilitate, or instruct, induce, or otherwise influence or cause others: (1) to use the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others, or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
BUYER ACCOUNT, ACCURACY, AND SECURITY
Account Information Accuracy. You represent and warrant that all Personal Information and Business Information you provide in connection with your Account and your use of the Services are current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile, or by submitting a message through the following email email@example.com.
Account Security. ET shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge.
Buyers may pursue the software options provided by Suppliers and issue a Request for Information (RFI’s) and/or a Request for Proposals (RFP’s) through the Site to the Suppliers who Buyer chooses to include in its distribution/invitation list. Suppliers are required to directly respond in a timely manner to any communication by Buyers through the Site in the event Supplier receives Buyer’s RFI’s and RFP’s. ET shall only facilitate the Buyer’s issuance of RFI’s and RFP’s and shall be not involved in any subsequent discussions, agreements or transactions beyond providing suppliers the RFI’s and RFP’s through the Site.
ET is not responsible for any communication between Buyers and the Suppliers. When a Buyer submits a RFI or RFP on the Site, the Supplier and ET shall receive the RFI or RFP. However, ET is not required to act and only maintains the records. The Supplier is responsible for acting and responding to Buyer.
ASSUMPTION OF RISK; RELEASE
Buyer knowingly and freely assume all risk when using the Services. Buyer voluntarily agrees to release, waive, discharge, hold harmless, defend, and indemnify IOC and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, successors, and assigns (collectively, the “IOC Parties”) from any and all claims, actions, or losses including but not limited to financial damages, bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to Buyer or to third parties, that may result from Buyer’s use of the Services.
NO ENDORSEMENT OF SUPPLIERS
ET does not endorse or make any representation or warranty whatsoever (whether express, implied or statutory), and shall not be responsible or liable under any circumstances whatsoever, in respect of:
any Supplier or third-party website listed on the Site through Supplier profiles, or any information, data, instructions, functionalities, features, services, products or other content offered or provided in or through such third-party website;
any information, data, instructions, functionalities, features, services, products or other content offered or provided by third parties in or through this Site; and/or
(without prejudice to the generality of the foregoing) any Third-Party content.
Such third-party websites, third party information, data, instructions, functionalities, features, services, products or other content (whether provided or offered in or through such third-party websites or in or through this Site) and Third-Party content are the sole responsibility of independent third parties and are not under the control of ET and/or IOC, and as such Buyer’s access and/or use thereof and/or reliance thereon is solely at such Buyer’s own risk.
ET shall make available advisory services for Buyer for a fee, provided from time to time, when requested by Buyer, wherein ET shall not endorse or recommend any specific Supplier but provide Buyer with general knowledge about management systems and software (“Advisory Services”). ET shall not be liable for any issues arising from such Advisory Services.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM ET
By registering for the Services and providing your Personal Information and Business Information, you expressly consent to receive electronic mail, social media and other methods of communication from ET , including communications and notifications. These communications will be about the Services and other matters.
RELATIONSHIP BETWEEN BUYERS AND SUPPLIERS
ET and/or IOC are not and shall not, directly or indirectly, be a party to any relationship between Buyers and Suppliers. ET has not reviewed and is not a party to any commercial and/or contractual terms between Buyers and Suppliers and disclaims all liability with respect to the same. Buyers understand and agree to consult their own legal counsel with respect to any contracts to be entered between Buyers and Suppliers.
IOC is not liable for:
any actions or obligations of Buyer or Supplier;
who the Buyer chooses to appoint as its Supplier;
any contractual or commercial terms of agreements between Buyer and Supplier; or
failing to provide agreements between Buyer and Supplier. Buyers and Suppliers are required to provide their own agreements and sign such agreements separately between Buyer and Supplier.
ET only provides the venue for Suppliers to list their products and services in their Profiles and for Buyers to pursue the available Suppliers and their services. In the event of a transaction between the Buyer and Supplier, Buyers understand and agree that ET and/or IOC is not responsible for collecting payments or processing payments between Buyers and Suppliers. Payments are made by Buyers directly to Suppliers outside of the Site. No funds shall be exchanged between Buyers and Suppliers through the Site.
IOC expressly disclaims any and all warranties, express or implied, regarding the Site and the Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. IOC does not warrant that the Site and/or the Services will meet Buyer’s requirements, or that the operation of the Site and/or Services will be uninterrupted or error-free. IOC disclaims all implied liability for damages arising out of the furnishing of the Site and/or the Services pursuant to these Terms, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Site and/or the Services, whether caused by acts of commission or omission, or any other damage occurring. IOC shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of IOC, IOC Parties or their agents or representatives.
ET and/or IOC is not responsible regarding the accuracy of information provided by Suppliers related to their services and products.
LIMITATION OF LIABILITY
In no event shall IOC or IOC Parties be liable to Buyer for any claims arising from commercial and/or contractual terms, transactions and agreements made between Buyer and Supplier, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to ET and/or IOC Parties arising out of or in connection with any commercial and/or contractual terms, transactions and agreements made between Buyer and Supplier. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Buyer agrees that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between IOC and Buyer. The Services would not be provided without such limitations.
YOUR REPRESENTATIONS AND WARRANTIES
INDEMNITY BY YOU
Without limiting any indemnification provision of these Terms, Buyer (the “Indemnitor”) agrees to defend, indemnify, and hold harmless IOC and IOC Parties (collectively, the “Indemnitees”) from and against any and all claims including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to IOC, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between Buyer and IOC, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Buyer’s breach of these Terms, including without limitation any representation or warranty contained in these Terms; (iii) Buyer’s access to or use of the Services; (iv) Buyer’s provision to IOC or any of the Indemnitees of information or other data; (v) Buyer’s violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Buyer’s violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees have the right, but not the obligation, to participate through counsel of IOC’s choice in any defense by Buyer of any claim as to which Buyer is required to defend, indemnify, or hold harmless any, the Indemnitee. Buyer may not settle any claim without the prior written consent of IOC.
GOVERNING LAW AND DISPUTE RESOLUTION.
This Agreement is governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC). Any disputes arising from this Agreement shall be finally settled by the DIFC Courts and where applicable a Party may submit a claim to the Small Claims Tribunal.
REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Terms, you must immediately report it to Customer Service at firstname.lastname@example.org. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.