Welcome to the Tibble websites and mobile properties owned and operated by DOODA FZCO and hosted at www.Tibble.app. Tibble websites and mobile properties (and applicable country top level domains including sub-domains associated with them) shall hereinafter be referred to herein as “websites”. The Websites, related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads shall all collectively be referred to herein as the “Services. Only upon your acceptance of the terms, conditions, and notices set forth below (collectively referred to herein as this “Agreement”), the Services are offered to you. You consent to be bound by this Agreement by accessing or using the Services and you agree that you have read and understood the terms of this Agreement. Make sure to read this Agreement carefully, as it contains information regarding your legal rights and the limits of these rights. If you do not accept all of these terms and conditions, you are not authorized to use or access the Services.
The term “Content” shall globally refer to 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.
The terms “we”, “us”, “our” and “Tibble” refer to DOODA FZCO, a limited liability company located in the United Arab Emirates.
“Services” as defined above refers to those provided by Tibble.
The term “you” refers to the individual, company, business organization, or other legal entity using the Services and/or interacting with them and/or contributing Content to them. The Content that you contribute, upload, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours”, and/or “Content you submit.”
The term “Vendor” means the business venues listed on Tibble and more generally any user registered on the Services shall be referred to as “Account Holder”.
“Third Party Content” means content that comes from parties other than DOODA FZCO or Tibble’s Account Holders and is available on the Services (Such as from Advertising Providers).
The Services are provided solely to:
- Assist customers in searching for business venues, events, offers or challenges; and
- Allow customers to collect and store digital souvenirs from the venues they visit; and
- Allow customers to post Content about the venues they visit; and
- Assist Vendors in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through Tibble ; and
- Provide Vendors with tools to understand and reward their loyal customers, by way of free and/or paid-for services offered by or through Tibble.
We may amend this Agreement from time to time. We encourage you to regularly check this page to review the changes we might make in accordance with this Agreement. We will note at the top of these terms of use when it was most recently updated. If we believe we made any material changes to these terms of use, we will notify you by posting an announcement on our Sites or Apps, or by sending you an email (to the last email address you provided us).
USE OF THE SERVICES:
As a condition of your use of the Services, you warrant that :
- all information you provide to Tibble via the Services is true, accurate, current and complete;
- as an Account Holder, you will safeguard and supervise your account information and will be completely responsible for any use of your account by anyone other than you;
- you must be at least 13 years of age (in some jurisdictions, local laws may have an older age requirement) in order to become an Account Holder, use the Services and contribute to our websites;
- you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein;
- you hereby represent and warrant that you are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement;
- you are in full compliance with all laws and regulations in the country in which you live when accessing and using the Services.
Tibble does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Tibble. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
By using the Services, you agree that you will not:
- create an account for anyone other than yourself without such person’s permission;
- create a username that is the name of another person with the intent to impersonate that person;
- create a user name or Tibble account that is subject to any rights of a person other than you without appropriate authorization; or
- create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Tibble holds the right to refuse registration of, or cancel or modify a user name, in its sole discretion and for any reason. You are solely responsible and liable for activity that occurs on your account including your interaction and communication with others, and shall be responsible for maintaining the confidentiality of your Tibble password. You agree to keep your contact information up to date and to update your account information on the Services within 48 hours in the event that you change or deactivate your email address or phone number. You shall never use another user’s account without the prior express permission of a such other user. You agree that you will immediately notify Tibble in writing at [email protected] of any unauthorized use of your account, or other account related security breach of which you are aware.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of DOODA FZCO.
If you are creating a Tibble account for commercial purposes (refereed as “Vendor”) and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and possess the legal authority to bind such entity to this Agreement. In this event, the words “you” and “your” as used in this Agreement shall refer to such entity and the authorized individual acting on behalf of the company shall be referred to as a “Business Representative.”
You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. Please be aware that any interactions with third party sites and apps encountered on Tibble are at your own risk. You expressly acknowledge and agree that DOODA FZCO is in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that DOODA FZCO may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, posts or other dynamic content, before, during or after its presentation), as well as the Content of others.
Please be aware that if you use a mobile device, your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
The Services also provide a loyalty program.
By using the loyalty program, you agree to the following:
- Eligibility: Anyone who is an Account Holder automatically has access to Tibble’s loyalty program providing that they comply with this Agreement. It is not mandatory at all for any Account Holders to use the loyalty program.
- Functioning: Tibble’s loyalty program works with a system of reward points called “Smiles”. Smiles are earned by users by completing challenges created by Vendors; or by spinning a daily wheel; or by being a referral user. The Smiles points can be redeemed by users to unlock special discounts provided by Vendors that have created offers on Tibble. To unlock a discount a Vendor has to enter their secret code on the user’s device and collect in return the unique user code. Failing to enter the Vendor’s code on the user’s device will lead to a failed attempt. Failing to enter the user’s code on the Vendor’s portal will lead to the Vendor not being able to collect the Smiles redeemed by the user.
- Eligible Discounts: Users of Tibble will be eligible for the stated discount on their mobile devices provided that they have enough Smiles points to unlock the offer and that the offer’s availability has been confirmed by the Vendor. However, please note that DOODA FZCO and the Vendors will have full discretion to refuse any users of any discounts without reasons. Users will have no recourse or right to claim any damages whatsoever from either the Vendors or DOODA FZCO. Account Holders will have no recourse or right to claim any damages whatsoever related to a loss of Smiles or malfunction of the Services from DOODA FZCO.
- The Smiles points do not have a monetary value and do not constitute your property. Smiles points cannot be traded with other Account Holders in exchange of money.
- Tibble and the Vendors may decline your request for discount if it doesn’t comply with these Terms of Use.
- Tibble and the Vendors reserves the right to withdraw any offer at any time and/or modify the terms and conditions, without any prior notification to y
- Smiles points may be revoked at any time as described in this Agreement. Tibble may change the number of Smiles awarded for each activity as well the activities eligible for Smiles at its discretion.
- If you believe that Smiles were not properly accrued to your Account, you must contact [email protected] within 10 days of the award date.
PROHIBITED ACTIVITIES:
As a condition of your use, you shall not use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through our Services, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by Tibble in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities (whether or not for profit) and/or sales without Tibble’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tibble or any third party;
- impersonates any person or entity, including any employee or representative of Tibble;
- includes anyone’s identification documents or sensitive information; or
- breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by Tibble in its sole discretion) an unreasonable or disproportionately large load on Tibble’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures Tibble may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by Tibble;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
- otherwise take any action in violation of Tibble’s guidelines and policies.
Tibble does not guarantee that any Content or User Submission (as defined above) will be made available on the Site or through the Service. Tibble has no obligation to monitor the Sites, Services, Content, Third Party Content or User Submissions. However, Tibble reserves the right to:
- remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Tibble is concerned that you may have violated these Terms of Use), or for no reason at all ;
- to remove, suspend or block any User Submissions from the Service ;
- to access, read, preserve, and disclose any information as Tibble reasonably believes is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request,
- enforce these Terms of Use, including investigation of potential violations hereof,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or
- protect the rights, property or safety of Tibble, its users and the public.
PRIVACY POLICY :
You represent that you have read, understood and agreed to our Privacy Policy. Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.
“POSTS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENSE GRANT”:
Content:
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Tibble cannot guarantee the authenticity of any Content or data which Account Holders may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, photographs, comments, text, data, information, videos, audio clips, software, scripts, graphics, and interactive features, (additionally, events, challenges and offers for Vendors), generated, provided, or otherwise you make accessible to Tibble on or through the Services. Content you add, create, upload, submit, distribute, post or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, “User Submissions.”
Tibble Content:
The Services contain Content specifically provided by Tibble or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Use, Tibble grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the Content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorize or permit any third party to distribute or make the Apps available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
Third Party Content:
Some of the content available through the Services may include or link to materials that belong to third parties, such as maps, location services or advertising. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party providers who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that DOODA FZCO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Third party content, including content posted by our Advertising Providers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that DOODA FZCO is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
User Submissions:
We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, via the services and applications of others, or otherwise, including reviews, questions, photographs or videos, comments, texts, suggestions, ideas or the like contained in any of your Content, you grant DOODA FZCO a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
- 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;
- make your Content available to the rest of the world and to let others do the same;
- 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
- use the name and/or trademark that you submit in connection with such Content of yours.
You acknowledge that Tibble may choose to provide attribution of your Content at our discretion. You further grant DOODA FZCO the right to pursue at law any person or entity that violates your or Tibble’s rights in your Content by a breach of this Agreement. 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 under this Agreement.
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law:
- you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto;
- you have no objection to the publication, use, modification, deletion and exploitation of your Content by Tibble Companies or their licensees, successors and assigns;
- you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and
- you forever release Tibble and their licensees, successors and assigns, from any claims that you could otherwise assert against DOODA FZCO by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain areas in which Account Holders can communicate and share Content with other Account Holders, such as in chat rooms, posts, comments or other items (“Interactive Areas”). If Tibble provides such Interactive Areas on the Services, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Tibble do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that Tibble provides any form of private communication channel between Account Holders, you agree that DOODA FZCO is has no obligation to monitor the substance of such communications on the Services. You understand that Tibble do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, and will not be in any way responsible or liable for such messaging. In particular, Tibble does not edit or control Account Holders’ Content that appears on the Services. Tibble nevertheless reserve the right to remove without notice any such Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of Tibble and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact Tibble at [email protected] to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Tibble’s published guidelines, as are in force at the time of submission and made available to you by Tibble. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
- Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Tibble;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- In the sole judgment of Tibble, (a) violates the previous subsections herein, (b) violates Tibble’s related guidelines as made available to you by Tibble, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose Tibble or its users to any harm or liability of any type.
DOODA FZCO takes no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor is DOODA FZCO liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DOODA FZCO is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although Tibble has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Tibble reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal, it will not be shared with others) or may remain with users or third parties who have previously accessed or downloaded your User Submissions.
LIABILITY DISCLAMER:
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS DOODA FZCO’s LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.
You release us from all liability relating to your connections and relationships with other users of the Websites. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Tibble makes no representations concerning any Content contained in or accessed through the Services, and Tibble will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
Tibble MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY TIBBLE, NOTWITHSTANDING ANY AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED “AS IS” and “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. DOODA FZCO DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM TIBBLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TIBBLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
DOODA FZCO ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.
THE THIRD PARTY SUPPLIERS PROVIDING OTHER SERVICES ON OR THROUGH THE SERVICES, WHICH INCLUDES BUT NOT LIMITED TO PAYMENT GATEWAY, ADVERTISEMENTS AND AUTHENTIFICATION PROCESSES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF DOODA FZCO. DOODA FZCO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL DOODA FZCO (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF DOODA FZCO OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOODA FZCO, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITES, SERVICES, CONTENT AND THIRD PARTY LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The liability to fulfill the Offer rests solely with the Vendors and DOODA FZCO shall in no manner be liable if the Vendor does not honor any of the Offer(s). The Vendor reserves the right to refuse service to anyone in accordance with its policies. However, in the event the Vendor refuses to honor the Offer(s) in accordance with these Terms, please write to us at [[email protected]] and we shall endeavor to assist you. However, please note that Users will have no recourse or right to claim any damages whatsoever from either the Vendors or DOODA FZCO.
Liability Limitation: Notwithstanding anything otherwise set out herein, DOODA FZCO shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Vendor or for the member’s experience at the Vendor’s venue. DOODA FZCO shall in no manner be liable to the member if any outlet of Vendor Venue temporarily or permanently shuts down its operations.
INDEMNIFICATION:
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, causes of action, demands, recoveries, judgments, awards, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Submissions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Tibble reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Tibble in asserting any available defenses.
LIMITATION OF LIABILITY:
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
COPYRIGHT AND TRADEMARK NOTICES:
The Company name and trademarks, the Company logo and all related names, logos, product and service names, designs and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Tibble and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tibble. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. All rights reserved. Tibble is not responsible for content on websites operated by parties other than Tibble.
If you believe that any User Submissions violate your copyright, please send us a notice of copyright infringement to [email protected].
MODIFICATIONS TO THE SERVICES; TERMINATION:
Tibble may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Services. If you wish to terminate your account, you may do so by following the instructions on our Sites. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services. If your Account is terminated, your Smiles point balance and any redeemed but unfulfilled rewards will be forfeited.
Tibble reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on our Sites or by sending you notice through the Services or via email. Modifications will be effective on the day they are posted. Tibble may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes.
YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
JURIDICTION AND GOVERNING LAW:
These Terms shall be governed by the laws of Dubai. The Courts of law of Dubai shall have exclusive jurisdiction over any disputes arising under this Agreement.
Any dispute must be notified in writing to the other Party before any procedure of dispute resolution. The parties pledge to undertake in good faith all due diligence to reach a reasonable, amicable and fair resolution to the dispute.
Failing agreement between the Parties, any dispute that cannot be resolved within thirty (30) Days shall be definitely resolved according to the Dubai Court of law.
For all Account Holders: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN THREE (3) MONTHS AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Dubai, without giving effect to any choice or conflict of law provision or rule (whether of Dubai or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the courts of Dubai, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The proceedings shall take place in English and shall remain confidential between the Parties. The sentence shall be final and binding between the Parties.
GENERAL PROVISIONS:
Please note that Tibble reserves the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.
You agree that no joint venture, agency, partnership or employment relationship exists between you and DOODA FZCO and/or its corporate affiliates as a result of this Agreement or use of the Services.
Fictitious names of companies, product, people, characters, and/or data mentioned in, on or through the Services are not intended to represent any real individual, company product, or event.
If you share or send any ideas, suggestions, changes or documents regarding Tibble’s existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) DOODA FZCO is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) DOODA FZCO may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against DOODA FZCO and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Tibble’s existing products or marketing strategies; do not include any ideas that Tibble’s policy will not permit it to accept or consider.
CONTACT:
Should you have any question with regard to this Agreement or would like to report any violations of this Agreement, please contact [email protected].