Terms and Conditions of use for Sirwiss Users November, 2022
These terms and conditions (the “Terms”) govern the use and access of the Sirwiss Platform or any
services offered on or through the Sirwiss Platform and/or by Sirwiss and its affiliates/subsidiaries.
By using or acessing the Sirwiss Platform, you represent and warrant that you are (i) atleast
18 years of age or older; (ii) agree to be bound and abide by these Terms; and (iii) you have
authority to enter into this agreement.
Definitions:
“Affiliates” means any entity, alone or together with any other entity, directly or indirectly,
through one or more intermediaries controls or is controlled by or is under common control with
Sirwiss;
“Confidential Information” means any information (whether ot not in material form, whether in
writing or orally, or whether or not disclosed before or after the commencement of these Terms)
of whatever kind that belongs to Sirwiss or its Affiliates or third party licensors and disclosed
or revealed by or on behalf of Sirwiss (or accessed by the User) under or in relation to these
Terms that is marked as Confidential, is by its nature confidential, or which the User ought
reasonably to know is confidential, including the information about Service Providers
(including personal data), phone numbers, market information, the contents of the Sirwiss Platform
(including all text, graphics, user interfaces, visual interfaces, photgraphs, trademarks, logos,
sounds, music, artwork and computer codes) and these Terms, but does not include any information
that: (a) is published or has otherwise entered the public domain without a breach of these Terms;
(b) obtained from a third party who has no obligation of confidentiality to Sirwiss or its Affiliates
or third party licensors; or (c) is independently developed without breach of these Terms.
“Content” means as defined under clause 7;
“Intellectual Property Rights” means right, title and interest (whether legal, equitable or otherwise)
in and to copyright, rights in databses, patents, trademarks, service marks, design rights, get-up,
logos, rights in goodwill, compilations, inventions, know-how, confidential information, trade secrets,
trade names, business names, domain names together with any similar rights as may exist from time to
time anywhere in the world;
"Sirwiss Platform" means all Sirwiss websites, mobile or other applications, software, programs, processes,
loyalty schemes and any other services provided by or through Sirwiss or its Affiliates.
"User" means a person who completes Sirwiss's account registration process or a person who accesses
the Sirwiss Platform, submits or receives a request through the Sirwiss Platform, including but not
limited to Service Providers and Customers .
"Customers" means a User who has access or is registered to use the Sirwiss Platform to request quotes
for Services, receive quotes for Services, and/or engage Service Providers to provide Services through
the Sirwiss Platform.
"Service Provider" means a User who is an independent service provider that is registered to have
access to see Services and/orsend quotes for Services and offer and provide Services through the
Sirwiss Platform to Customers. "Services" means the various services listed, quoted, scheduled,
offered or provided by Service Providers, or sought, scheduled or received by Customers, through
the Sirwiss Platform.
“Stash” refers to Sirwiss’s loyalty rewards scheme and e-wallet system.
“Sirwiss” means DTL Information Technologies and/or any of its Affiliates/subsidiaries.
1. Acceptance of Terms and Conditions
Sirwiss ( “we”, “our” or “us”) through the Sirwiss Platform provides acess to Services that
are offered by Service Providers to Customers under these terms and conditions (“Terms”).
All references to "you" or "your," as applicable, mean the person who accesses, uses,
and/or participates in the Sirwiss Platform in any manner. If you use the Sirwiss
Platform on behalf of an entity, you represent and warrant that you have the
authority to bind that entity, your acceptance of the Terms will be deemed an
acceptance by that entity, and "you" and "your" herein shall refer to that entity.
Each time you access the Sirwiss Platform, you confirm that you have read and
understood the Terms. We may amend these Terms from time to time in our sole discretion.
By accessing the Sirwiss Platform, you agree to be bound by all of these Terms, including
any amendments made to them from time to time.
Sirwiss reserves the right at any time and from time to time to update, revise, supplement
and otherwise modify these Terms and to impose new and/or additional rules, policies, terms
and/or conditions on your use of the Sirwiss Platform (collectively referred to as “Additional Terms”).
Such Additional Terms will be effective immediately and incorporated into these Terms. Your continued
use of the Sirwiss Platform constitutes your acceptance of all such Additional Terms.
These Terms along with the Privacy Policy constitutes a legally binding agreement between
you and Sirwiss and supersedes all prior representations, agreements, statements
and understandings whether verbal or in writing.
2. Sirwiss Platform
The services provided by the Sirwiss Platform include a dynamic online marketplace
of Service Providers that includes tradesmen and companies for posting and booking
Services. Services are posted by Customers of the Sirwiss Platform, and, are
executed by the Service Providers. The Customer acknowledges that Sirwiss is
only providing the Sirwiss Platform and the Services are being executed by
independent third party’s who are not employed by Sirwiss or any of its
Affiliates. Any contractual obligations relating to the performance of
the Services are solely between the Customer and Service Provider.
3. Account Registration
Users may access the Sirwiss Platform without registering for an account.
To access and participate in certain features of the Sirwiss Platform,
you will need to create a password-protected account ("Account").
You may register for an Account using your existing Facebook account
and log-in credentials (your "Third-Party Site Password"). You agree
to provide accurate, current, and complete information during the
registration or request submission process and at all times when
you use the Sirwiss Platform, and to update information to keep
it accurate, current, and complete. The registration of an Account
may not be accepted if you do not provide the required information
and Sirwiss reserves the right to decline any registration at its sole
discretion. Sirwiss reserves the right to undertake such checks as may
be required to verify your identity. By creating the Account and
providing consent, you agree that communication may be made with
you via any contact details provided by You.
You are solely responsible for safeguarding your Account password
and, if applicable, your Third-Party Site Password. You are solely
responsible for all activity that occurs on your Account, and you
will notify Sirwiss immediately of any unauthorized use. Sirwiss
is not liable for any losses by any party caused by an unauthorized
use of your Account. Notwithstanding the foregoing, you may be
liable for the losses suffered by Sirwiss or others due to such
unauthorized use.
Fair Use
By registering an Account and using the Sirwiss Platform you
agree to treat all Usersfairly, without any bias, prejudice
or racial discrimination.
Sirwiss has a duty to create value for both Customers and
Service Providers. As such, the Sirwiss Platform is not
an online classified and is not free-to-use. To that
end, we reserve the right to deactivate an Account if
there has been any misuse of the Sirwiss Platform, such
as but not limited to;
- Price fishing – any repeated Service posts that are
deemed as time-wasting and solely for the purpose
of receiving quotes.
- Leaking a job – an instance where a Customer
colludes with a Service Provider to take a
Service off the Sirwiss Platform. In such
case, Sirwiss will not be held liable for
the Services performed by the Service
Provider and that is not assigned through
the Sirwiss Platform.
- Bad behavior – any defamation, use of
abusive language on or off the Sirwiss
Platform and any activity that puts
the Sirwiss in harm’s way.
5. Sirwiss Platform
The request is posted on the Sirwiss Platform
the Service Providers may respond to such request and make an offer to provide such Service
the Customer would then accept one of the offers made by the various Service Providers
once the Customer has accepted the offer made by a Service Provider, Sirwiss shall inform the Service Provider via the Sirwiss Platform.
6. Payment Terms
The Customer agrees to make payment of fees to Sirwiss for the Services provided by the Service Provider.
The Service Provider appoint Sirwiss as its
representative, to collect the payment of
fees and acknowledges that Sirwiss does
so on behalf of the Service Provider.
Sirwiss shall after deducting the fees
(as may be agreed from time to time)
due to it by the Service Provider,
make payment of the remaining fees
after 10 days of completion and Customer approval of the Service.
In the event the Customer, does not provide approval for a Service
within 10 days of completion, it will be deemed to have been approved.
The Service Provider shall be required to pay Sirwiss a certain fee
for the use of the Sirwiss Platform, in accordance with these
Terms which shall be agreed in writing between Sirwiss and the
Service Provider from time to time.
The Service Provider shall be required to pay Sirwiss a certain fee
for the use of the Sirwiss Platform, in accordance with these
Terms which shall be agreed in writing between Sirwiss and the
Service Provider from time to time.
Sirwiss reserves the right at its sole discretion to charge
fees to Users for using the Sirwiss Platform or any other
service that it may provide in the future.
In cases where Sirwiss has provided an express guarantee
for a Service provided by a Service Provider, it shall
make payment to the Service Provider only after verification
and approval has been granted by Sirwiss, Customer and
Service Provider.
7. Cancellation and Refund Policy
Cancellation of a Job that is already ‘Assigned’ on the Platform and paid for by the
Customer;
- 50% of the amount will be refunded for cancellations within 24 hours of booking date
and time.
- 100% minus credit card charges (3%) will be refunded for cancellations of 24 hours
or more from booking date and time.
Cancellation of a Job that is already ‘Assigned’ on the Platform but has not been paid
for yet by the Customer;
- Sirwiss reserves the right to deduct 50% of the amount from the Customer’s loyalty
credits, for cancellations within 24 hours of booking date and time
In case of a Service that has been completed by a Service Provider, for which an
express guarantee has to be provided by Sirwiss, and has not been approved by all
three parties i.e. the Sirwiss, Customer and Service Provider, Sirwiss shall refund
100% of the payment received from the Customer.
8. Content and Ratings
“Content" refers to any listing, costing, pricing, financial information,
location information, time schedule, forums, reviews, opinions, ideas,
postings, messages, text, files, images, photos or any other material
posted on the Sirwiss Platform. By posting Content on the Sirwiss Platform:
You grant Sirwiss the non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub- licensable right to use, copy, reproduce, distribute, display, modify or create
derivative works of the Content perpetually and for any lawful purpose Sirwiss sees
fit;
You warrant that the Content complies with all Applicable Laws and is not defamtaory,
harmful, invasive of another’s privacy, objectionable, unlawful or otherwise
offensive and does not infringe any third party’s rights (including intellectual
property rights).
You permit any other User of the Sirwiss Platform to access, display, view, store
and reproduce such Content; and you grant Sirwiss the right to prohibit the
subsequent access, storage and reproduction or use of said Content by any
party to any extent that Sirwiss sees fit.
Sirwiss is not responsible for, and no reliance should be placed, in any
way on any Content posted, transmitted through or linked to the Sirwiss Platform.
Sirwiss reserves the right to (i) refuse to share or display, (ii) move; or
(iii) delete any Content posted on the Sirwiss Platform.
"Rating” refers to any ratings and/or comments posted by Customers in which
the performance of the Service Provider is rated. By posting Ratings on
the Sirwiss Platform, you warrant that:
You are or have been a customer/client of the Service Provider in question;
The statements of fact reflected in the ratings and/or comments posted by
you are true or not materially different from the truth;
The opinions reflected in the ratings and/or comments posted by you
are genuine and honestly held by you.
You will not use obscene or offensive language or submit any
material that is, or may potentially be, defamatory, abusive or
hateful, harmful to other Users, harmful to the business interests
of the Sirwiss Platform, or encourages conduct that would
constitute a criminal offence, give rise to civil liability,
or otherwise violate any local, national or international
law or regulation;
You will not submit or post any material which constitutes
junk mail or unauthorized advertising, including solicitation
of other Users to buy or sell any products or services without
the prior written consent of Sriwiss.
Sirwiss shall not be responsible for screening, editorial,
or other control over ratings, comments or other Content
Sirwiss assumes no responsibility or liability for the preservation
of Content on the Site and may modify or remove it at its sole discretion.
Sirwiss has a strict policy of bad ratings. After assessment, if a Service
Provider receives 3 (three) bad ratings (bad rating is 2 (two) or less)
in a 3 (three) month period, the account of the Service Provider will
be deactivated for a period of 1 (one) month.
9. Terms of Use
You agree to not post, email, or make available through the Sirwiss
Platform any Content and/or ratings that are objectionable or in
contradiction to applicable laws or regulations. In this regard,
you agree not to post, email or make available through the Sirwiss
Platform any Content and/or ratings that:
are false or deceptive; unlawful, harmful, threatening,
abusive, defamatory,
are of a political nature and/or are critical
of any government or municipal employee in
any jurisdiction,
are anti-Islamic or in any way derogatory towards Islam;
are racist or discriminatory towards any race,
religion, creed, nationality, gender or any other
grouping of individuals, or harmful to minors;
impersonates another person;
includes personally identifiable information about
another person without their permission;
solicits the sale of goods or services, except when
(i) posted in the appropriately designated area of
the Sirwiss Platform , or (ii) emailed to another
User of the Sirwiss Platform who expressly wish to
be contacted by you;
includes links to other websites, except when (i)
expressly approved by Sirwiss in writing, and (ii)
posted in a posting uploaded by you in the
appropriately designated area;
advertises the sale of anything illegal under
any applicable law or regulation in the jurisdiction
you are selling the product or service from or to;
violates any applicable international, federal,
national, local copyright, patent, trademark or
other intellectual property laws;
contains any software viruses, Trojans, worms,
logic bombs or other material which is malicious
or technologically harmful.
is pornographic or contains any kind of nudity,
sexually explicit or perverse content;
contains any material related to terrorist or
supporting acts.
You further agree not to use the Platform to:
post, email, make available through the Platform or contact Platform or any other
users of the Platform with any spam, junk mail, chain letters, pyramid or Ponzi
schemes, or unsolicited email advertisements; or
attempt to gain unauthorized access to the Platform, the server on which the
Platform is stored or any server, computer or database connected to the Platform,
For the avoidance of doubt, you must not use the Sirwiss Platform in any way which is unlawful,
illegal, fraudulent or harmful purpose or activity. The above list of prohibited Content and
actions is not exhaustive and Sirwiss reserves the right to (i) remove any Content that it
considers (in its absolute and sole discretion) to be objectionable or in contradiction to
applicable laws or regulations without notice; and (ii) take necessary steps to prevent
persons who post Content and/or ratings, and/or conduct themselves in contravention of there
Terms from accessing the Sirwiss Platform.
Disclaimer
You expressly understand and agree that:
You use the Sirwiss Platform at your sole risk.
To the maximum extent permitted by law,Sirwiss
disclaims and excludes all implied conditions
or warranties
It is forbidden to post any Content that violates
any international, federal, national, local
copyright, patent, trademark or other intellectual
property laws applicable in the United Arab
Emirates. Sirwiss is not responsible for any
Content submitted by a User that infringes
another’s proprietary rights.
Sirwiss does not warrant that the services
provided will be uninterrupted, timely,
secure, or error free, or that any information
(including Content and/or Ratings) provided
on the Sirwiss Platform are accurate, error-free
or reliable.
Except where an express guarantee is provide by
Sirwiss, it does not warrant the accuracy,
adequacy, quality, currency, validity,
completeness or suitability of the Services
or any other information available on the
Sirwiss Platform for any purpose. The Sirwiss
Platform and Services are provided on an
"as is" and "as available" basis.
Sirwiss does not warrant that the Sirwiss
Platform will be free of infection by
viruses, worms, Trojan horses or anything
else containing destructive properties.
No advice or information that is obtained
by You from the Sirwiss Platform or Sirwiss
or anyone else shall create any warranty
by Sirwiss that is not expressly stated
in these Terms .
Unless Sirwiss expressly agrees to provide
a guarantee to the Customer, Sirwiss
does not make any warranties in respect
of the Service Providers featured or
recommended on the Sirwiss Platform or
the Sservices performed by those Service Providers, .
Sirwiss does not necessarily endorse,
support, sanction, encourage, verify
or agree with the ratings and/or
comments posted by Users of the
Sirwiss Platform.
Responsibility for the content of
advertisements appearing on the
Sirwiss Platform (including hyperlinks
to advertisers' own websites) rests
solely with the advertisers. The
placement of such advertisements
on the Sirwiss Platform does not
constitute recommendation or
endorsement by Sirwiss of the advertised
product or service. Each advertiser is
solely responsible for any representation
made in connection with its advertisement.
The Sirwiss Platform may contain links to
other sites operated by third parties.
Sirwiss does not control such other sites
and is not responsible for their content,
their privacy policies, or their use of
personal information. Any information
submitted by you directly to these third
parties is subject to that third party's
terms and conditions.
Except in the case that an express
guarantee is provided by Sirwiss, in
no event shall Sirwiss be liable for any
loss arising out of or in connection with
the use or performance of the Sirwiss
Platform by You or others, whether direct
or indirect, including, without limitation,
loss of profits, loss of data, loss of
business or anticipated savings, general
and special damages, and consequential and
incidental loss whether at law or in tort
or otherwise.
The Platform operates as an online community portal
for Customers andService Providers. Sirwiss does
not sell any item listed on the Sirwiss Platformdirectly
and is never a party to any transaction between Users.
As a result, Sirwiss does not i) guarantee or ensure any
item listed on the Sirwiss Platform or any Service or
transaction between Users except where an express
guarantee is provided, or (ii) warehouse, store, ship
or deliver any item listed on the Sirwiss Platform.
Furthermore, Sirwiss is not responsible for, nor
holds itself out as promoting, any interaction or
dealing between You and one or more Users of the
Sirwiss Platform, and Sirwiss will not be liable
in any way for any such interactions or dealings.
You will not hold Sirwiss responsible for other
Users' Content, actions or inactions. While
We may help facilitate the resolution of
disputes, Sirwiss is not obliged to
participate in any dispute between You
and other User(s) of the Sirwiss Platform.
We have no control over and do not guarantee
the truth, accuracy, quality, safety or
legality of Content published; the ability
of Service Providers to perform the
Services unless an express guarantee
is provided and the ability of Customers
to pay for such Services.
You acknowledge that Sirwiss does not monitor,
verify or approve Content, and that You are
solely responsible for evaluating and verifying
the accuracy of any Content posted on the Sirwiss Platform
11. Intellectual Property Rights
All Intellectual Property Rights with respect to the Sirwiss
Platform and Confidential Information disclosed or made available
by Sirwiss remain the property of Sirwiss, its Affiliates and/or
its third party licensors.
Sirwiss images and logos referenced on the Sirwiss Platform
and the contents of the Sirwiss Platform are subject to
Intellectual Property Rights belonging to us. Other Services
and Service Provider names mentioned herein may be the
intellectual property of the respective owners.
Any Intellectual Property Rights not expressly
granted herein are reserved by Sirwiss. You agree
not to breach any trade mark, copyright, patent,
design or other rights in relation to all trademarks,
information, images, logos and other Intellectual
Property Rights included on the Sirwiss Platform.
No logo, graphic, sound or image from the Sirwiss
Platform may be copied or retransmitted unless
expressly permitted in writing by us.
You agree not to download, copy, transmit,
"data-mine", "scrape", create derivative
works or otherwise replicate any of the
structure, ideas and information on the Sirwiss
Platform, including Ratings, for any business
purpose, whether by electronic or any other
means whatsoever.
You agree not to use any robot spider,
scraper or other automated means to
access the Sirwiss Platform and collect
Content for any purpose or otherwise
copy or download Content. A limited
exception is granted to search engines
and non-commercial public archives,
but not for websites that include
any form of commercial listings.
You agree not to harvest or otherwise
collect information about others,
including email addresses, without
their consent.
You agree not to reverse engineer,
decompile or otherwise endeavour to
obtain the source code to any software
used by the Sirwiss Platform, breach
disable, tamper with or develop or use
or attempt to use any workaround for
any security measure provided on the
Sirwiss Platform and use any Intellectual
Property Rights of Sirwiss in a way that
infringers or misappropriates a third
party’s Intellectual Property Rights.
12. Privacy Policy
We value your privacy. This Clause 12 - Privacy Policy-
gives You information about Our practices with respect
to the personally identifiable information – information
that could reasonably identify You – which we collect in
connection with this Sirwiss Platform. Whenever You provide
personally identifiable information to Us, We will provide a
link to our privacy policy. This section explains what information
is stored and how it is used. It should be read in conjunction with
the rest of the Terms.
Any information that you provide to Us when accessing
the Sirwiss Platform is collected and stored by Us.
Sirwiss will only collect personal information which
is necessary for Our business functions and activities,
or to comply with legal or regulatory obligations.
Sirwiss collects, uses and discloses your personal
information for a range of purposes. These purposes
depend largely upon your relationship with Us. The
information We collect is used for the following purposes:
- to be able to offer safe and simple use of the Sirwiss Platform;
- to be able to communicate, by means of electronic mail or
otherwise, with You in connection with the Sirwiss Platform;
- to ensure that You can access members only areas (where relevant);
- to fix system errors and for support services;
- to customize the information Yu receive from the Sirwiss Platform;
- for Our research, so that We can improve our products and
services and tailor them to better suit your needs;
- to track how the Sirwiss Platform is used and to identify
popular areas, internet trend and demographics.
- For quality control and training purposes, We may monitor
or record Your communication with Our support team.
We may use the contact information You provide to contact
you via email, fax, post or telephone regarding your
registration, or any other matter that we consider relevant
to your use of our Sirwiss Platform.
We may use any information We collect about You,
including any information We may have obtained
from your use of the Sirwiss Platform, to resolve
disputes, provide customer support, troubleshoot
problems and enforce our Terms and policies.
You may contact Us to request access to any
information that We hold about You and You may
also ask Us to correct that information if You
consider it to be inaccurate.
We may disclose your personal data if We are
compelled to do so by law, or in response to
a valid, legally compliant request by a law
enforcement or governmental authority. We may
also disclose aggregated demographic and profile
data (in which neither you nor any other individual
is identified) to our commercial and marketing partners.
All credit/debit cards details and personally
identifiable information will NOT be stored, sold,
shared, rented or leased to any third parties.
If you register or sign in with Facebook or through
other web based social networks, We may collect your
name, profile picture, gender, networks, user ID,
location, list of friends, and any other information
you've shared with everyone.
Unsubscribe information: If at any time You
wish to have your information removed from
our active databases, or unsubscribe from our
email posts only, please contact us. Customer
Support Email: [email protected]
Retention of your information: We will retain
your personal information only as long as is
necessary for the purposes to which You consent
under theseTerms and the Privacy Policy, after
which We will delete it from our systems.
13. Confidentiality
The Users may be provided access to Confidential Information.
Users must keep such information confidential, not to use or
disclose Confidential Information except as permitted under
the Terms and Privacy Policy and not to sell or disclose the
Confidential Information to any third party without Sirwiss’s
written consent.
14. Security Measures
To prevent unauthorized access, maintain accuracy of our
records and to ensure proper use and protection of Your
information, We have put appropriate physical, electronic
and managerial procedures in place.
We have in place administrative, technical, and physical
measures to protect the information We collect online.
However, We cannot guarantee the security of our database,
nor can We guarantee that the information You supply will
not be intercepted while being transmitted to us over the
internet.
Cookies: We may place a “cookie” (a small, unique identifier text file)
on Your system to remember who You are. We also may include other
information in our cookie files; for example, if You arrived at this
site via a link from third-party site, We may include the URL of
the linking page. Your personal details, such as your name or phone
number, are not stored in a cookie. You may set your computer
browser to reject cookies but this may preclude Your use of
certain parts of the Sirwiss Platform. Note that third party
vendors, including Google, show Sirwiss ads on sites on the
internet and use cookies to serve ads based on a user's prior
visits to this website.
Secure Socket Layer (SSL): The Sirwiss Platform uses SSL (Secure Socket Layer)
encryption when transmitting certain kinds of information, such as
payment information. An icon resembling a padlock is displayed on
the bottom of most browsers window during SSL transactions that
involve credit cards and other forms of payment. Any time Sirwiss
asks you for credit card information for payment or for
verification purposes on the Sirwiss Platform, the information
will be accepted via SSL encryption. The credit card
information you provide will not be stored on the servers of
Sirwiss. The information is stored on the servers of the
payment gateway provider which are secure and strictly
compliant with PCI compliance norms. This is entirely for
security and safety purposes. Sirwiss works with reputable
payment gateway providers only. Once you choose to store
or enter your credit card number on Sirwiss, it will be used
for one-time use only and you will need to enter the credit
card information again during your subsequent payment transaction.
15. Indemnity
You agree to indemnify, defend and hold harmless Sirwiss,
its Affiliates, its shareholders, officers, directors,
employees, representatives and agents from and against
any claims, actions, demands, damages, losses, liability,
costs, penalty or expenses including attorney fees alleging
or resulting from Your use or misuse of the Sirwiss Platform
or any Content or any ratings,Yyour breach of these Terms,
Your violation of any applicable law, Your violation of
any third party’s proprietary rights, or any claims or
disputes between You and one or more Users connected to
or arising from the Sirwiss Platform in any way.
16. Limitation of Liabilities
To the maximum extent permitted by applicable law, Sirwiss
hereby expressly excludes any liability for any damages whatsoever
(including, without limitation, direct, indirect, special, punitive,
incidental or consequential loss or damage incurred by any User
in connection with the Sirwiss Platform or in connection with the
use, inability to use, or results of the use of the Sirwiss Platform,
any websites linked to it and any materials posted on it, including,
without limitation any liability for: loss of income or revenue; loss
of business; loss of profits or contracts; loss of anticipated savings;
loss of data; loss of goodwill; wasted management or office time; and
for any other loss or damage of any kind, however arising and whether
caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable, resulting to you or a third party from:
the use or the inability to use the Platform;
services or goods acquired through the Platform;
any Content and/or Ratings displayed on the Platform; or
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your use of
the Sirwiss Platform or to your downloading of any material posted on it, or on any website
linked to it
17. Severance
The provisions of these Terms shall be deemed severable,
and if any provision is determined to be illegal
or invalid under applicable law, such provision
may be changed to the extent reasonably necessary
to make the provision, as so changed, legal, valid
and binding and the remaining provisions shall remain
valid and enforceable to the extend permitted by
applicable law.
Sirwiss’s delay or failure to exercise a right or
act on a breach of these Terms andthe Privacy
Policy does not waive our right to do so in the
future.
You may not assign any part of these Terms
without Sirwiss’s express written permission.
We may legally assign any of our rights and
obligations under this agreement at any time
by giving you notice on the Sirwiss Platform.
18. Termination
Sirwiss may terminate these Terms with immediate
effect upon notice to the User: (a) if deemed necessary
to comply with any applicable law; (b) to protect Sirwiss
or its Affiliates interests in the event the User engages
in inappropriate acts/omissions; (c) if the User has
committed a breach of these Terms; or (d) for convenience.
Upon termination of these Terms for any reason: (a)
the User’s rights to access or use the Sirwiss Platform
will cease immediately, the registration and Account
with Sirwiss will cease to apply and access to the Account
will be revoked; (b) the User must pay all amounts due
to Sirwiss at the date of termination of these Terms;
(c) the Users must cease to act in a manner that would
imply a continuing relationship with Sirwiss.
The clauses relating to Confidentiality, Privacy,
Intellectual Property, Indmenity, Liability, Termination
and Governing Law shall survive the termination of
these Terms.
Termination of these Terms will not prejudice any rights
that may have accrued prior to such termination.
19. Relationship between Parties
Sirwiss provides access and use of the Sirwiss Platform to the Users.
Nothing under these Terms shall be interepreted as creating the
relationship of employer and employee or engager and worker between
the Users and Sirwiss at any time, under any circumstances or for
any purpose. Nothing under these Terms shall create a joint venture
or partnership between the Users and Sirwiss.
Governing Law
This Agreement shall be governed by and construed in accordance
with the laws of the UAE. All disputes arising out of or in
connection with this agreement shall be finally settled by the
DIFC courts. The parties have required that these Terms,
Privacy Policy and all related documents be drawn up in English
language. Sirwiss will NOT deal or provide any services or
products to any of OFAC sanctions countries in accordance with
the law of UAE.
