1. OVERVIEW
This Terms and Conditions Agreement (the “Agreement”) is made by and between Temba Investments FZCO, with its registered address at: office 22356 – 001, IFZA Business Park, DDP, IFZA Properties, Dubai Silicon Oasis, UAE, (“Company”) and you, and becomes effective on the date you use this website https://tembagroup.com (“Site”) or the date of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of https://tembagroup.com and the products and/or services purchased or available through this website (“Services”). Regardless of whether you simply browse or use this Site or purchase the Services, your use of this Site and electronic acceptance of this Agreement means that you have read, understand, acknowledge and agree to be bound by this Agreement and our Privacy Policy. The terms “we,” “us,” or “our” refer to the Company. The terms “you,” “your,” “user,” or “customer” refer to any person or entity that accepts this Agreement, uses our Site, has access to, or uses the Services. Nothing in this Agreement shall be construed as granting any rights or benefits to any third party.
The Company may, in its sole and absolute discretion, change or modify this Agreement and any policies or agreements included herein at any time, and such changes or modifications shall be effective immediately upon posting on this Site. Your use of this Site or the Services after such changes or modifications will constitute your acceptance of this Agreement as amended.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS AMENDED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. REQUIREMENTS
This Site and the Services are available only to Users who may enter into legally binding contracts under applicable law. By using the Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) legally capable of entering into legally binding contracts under applicable law, and (iii) not a person barred from purchasing or receiving the Services under the laws of the United Arab Emirates or any other applicable jurisdiction.
If you enter into this Agreement on behalf of a company or any entity, you represent and warrant that you have the legal authority to bind such entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” refer to such entity. If, after your electronic acceptance of this Agreement, the Company determines that you do not have the legal authority to bind such an entity, you will be personally liable for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this Site, you acknowledge and agree that:
Your use of this Site, including any content you provide, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not use this Site in any manner that:
Is illegal, promotes or encourages illegal activity;
Promotes, encourages or involves child pornography or exploitation of children;
Promotes, encourages or engages in terrorism, violence against persons, animals or property;
Promotes, encourages or participates in any spam or other unsolicited bulk email, or computer or network hacking;
Violates the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or violates any confidentiality obligations you owe to another User or any other person or entity;
Interferes with the operation of this Site;
Contains or installs any viruses, worms, bugs, Trojan horses, cryptocurrency miners or other code, files or programs designed or capable of using many resources, disrupting, damaging or limiting the functionality of any software or hardware.
You will not:
Copy or distribute in any medium any part of this Site, except as expressly permitted by the Company,
change or modify any part of this Site or any related technology,
access Company Content (as defined below) or User Content by any technology or means other than through the Site itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules set forth above, the provisions of this section apply specifically to your use of Company Content posted on the Site. The Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photographs, sounds, music, videos and interactive features, as well as the trademarks, service marks and logos contained therein (“Companies Content”), are owned or licensed in perpetuity by Temba Investments FZCO and are subject to copyright, trademark and/or patent protection.
Company Content is provided to you “as is”, “as available” and “with all faults” solely for your information and personal non-commercial use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, shown, sold, licensed or otherwise used for any purpose without the prior written consent of company. This Agreement does not grant any copyright, trademark, patent or other proprietary rights or licenses.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (VIA HYPERLINKS, BANNER ADS OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADS OR OTHERWISE) TO THIS SITE, AND COMPANY IS NOT RESPONSIBLE FOR SAME.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR SERVICES FOUND ON THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE EXCLUSIVE WARRANTY AND WARRANTIES SHALL INCLUDE THE FULL LIMITATION OF THE LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found on this Site.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED TO, (VIA HYPERLINK, BANNER ADVERTISING OR OTHERWISE) THIS SITE, OR (III) THE USE OF THIS SITE OR THE SERVICES.
IN ADDITION, YOU SPECIFICALLY DISCLAIM and AGREE that any claim arising out of or related to this Site or the Services found on this Site must be commenced within one (1) year after the claim arises or such claim will be forever barred.
THE PRIVATE LIMITATION OF LIABILITY IS IN FULL AMOUNT BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found on this Site.
7. PROTECTION
You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by the Company directly or indirectly as a result of (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements incorporated herein; and/or (iii) your violation of any right of third The indemnification obligations of this section shall survive termination or expiration of this Agreement or your use of this Site or the Services on this Site.
8. DATA TRANSFER
If you visit this Site from a country other than the country where our servers are located, your communication with us may result in the transmission of information across international borders. By visiting this Site and communicating with us electronically, you consent to such data transfers.
9. ACCESSIBILITY OF THE SITE
Subject to the terms and conditions of this Agreement and our policies, we will use commercially reasonable efforts to attempt to make this Site available 24/7. You acknowledge and agree that from time to time this Site may be unavailable for any reason, including, but not limited to, periodic maintenance, repairs or replacements that we perform from time to time, or other reasons beyond our control, including, but not limited to, interruption or failure of telecommunications or digital data links or other failures.
You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we have no liability to you or any other party in connection therewith.
10. DISCONTINUED SERVICES
The Company reserves the right to discontinue offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although the Company makes every effort to maximize the life of all of its Services, there are times when the Services we offer will be discontinued. In that case, the Company will no longer support that product or service. In that case, the company will either offer you a comparable Service to upgrade to or refund your money. The company shall not be liable to you or any third party for any modification, suspension or discontinuance of any of the Services that we may offer or facilitate access to.
11. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement shall be construed as granting any rights or benefits to any third party.
12. COMPLIANCE WITH LOCAL LAWS
The Company makes no representation or warranty that the content available on this Site is appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for complying with all local laws, rules and regulations.
13. APPLICABLE LAW
This Agreement and any disputes or claims arising out of or relating to it, its subject matter, or its formation shall be governed by and construed in accordance with the laws of the United Arab Emirates, excluding its conflict of law provisions.
14. DISPUTE RESOLUTION
Any disputes or claims arising out of or in connection with these Terms of Service will be resolved by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the United Arab Emirates, and the arbitration award may be rendered in any court having jurisdiction.
15. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and simplicity of presentation only and shall not be used to construe or interpret the parties’ agreement as set forth herein.
16. TERM OF ACTION
Each covenant and agreement in this Agreement shall be construed for all purposes as a separate and independent covenant or agreement. If a court of competent jurisdiction finds any provision (or part of a provision) of this Agreement to be illegal, invalid or otherwise unenforceable, the remaining provisions (or parts of provisions) of this Agreement shall not be affected thereby and shall be held valid and enforceable to the fullest extent permitted by law.
17. CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact us by email or mail at the following address:
Temba Investments FZCO
Office 22356 – 001, IFZA Business Park, DDP, IFZA Properties, Dubai Silicon Oasis