TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
This Website and App are jointly owned and operated by BlinkEdge Technologies LLC. By using any of the Services and the Website/App, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website/App and the Services. The terms form a legally binding agreement between you and www.blinktutors.com in relation to your use of the Website/App and/or the Services and apply to all users of the Services, whether registered or not, on the Website/App.
The BlinkTutors Platform is a Web-based platform that enables connections between Service Providers and Clients. "Clients" are individuals (students, students parents) seeking to obtain short-term or long-term services (lessons, i.e. "Service Request") from Service Providers (teachers, tutors) and are therefore Clients of Service Providers, and "Service Providers" are businesses seeking to perform Service Requests for Clients. Clients and Service Providers together are hereinafter referred to as "You, Users". As used in this Agreement, "www.blinktutors.com", "we," "us," and "our" shall mean BlinkEdge Technologies LLC. and its subsidiaries and affiliates. These Terms do not alter in any way the terms or conditions of any other agreement you may have with BlinkEdge Technologies LLC. for its services or otherwise.
BlinkEdge Technologies LLC. may review and delete any User Content that, in its sole judgment, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of BlinkEdge Technologies LLC. BlinkEdge Technologies LLC. reserves the right to expel Users and prevent their further access to BlinkTutors Platform for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website/App and/or through the Services, and you agree to be bound by such modifications or revisions. Although BlinkEdge Technologies LLC. may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website/App thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Account shall mean the Account created by the User on the Website/Application.
Booking shall mean the accepted and allotted Service Request.
Client shall mean such person, who places a Service Request with a Service Provider and has accepted the Terms of Use and Privacy Policy of the Portals (as applicable).
Service Provider shall mean such person, who performs the Service Request on the Portal and has accepted the Terms of Use and Privacy Policy of the Portals (as applicable).
Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of United Arab Emirates.
Website shall mean the website "www.blinktutors.com", blogs.blinktutors.com etc. as updated by BlinkEdge Technologies LLC. from time to time.
App shall mean the web-based or mobile application "BlinkTutors", as updated by BlinkEdge Technologies LLC. from time to time.
Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with BlinkEdge Technologies LLC.
OTP means a One-time password used for Pay By Text feature.
Content means report text, web chat, graphics, emoji's, images, music, software, audio, video, information or other materials.
BlinkEdge Technologies LLC. Content means all Content that BlinkEdge Technologies LLC. makes available through the Website/App, Website/Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Service Provider Content.
Collective Content means User Content and BlinkEdge Technologies LLC.'s Content.
Ambit of Service
BlinkEdge Technologies LLC. is a trusted community marketplace that allows Users who need help completing a variety of Service Requests. The Service Request can be performed in-person, phone or video conferencing. BlinkTutors is a passive platform that will not, under any circumstances, create an employment or other service relationship between BlinkEdge Technologies LLC. and the Service Provider, nor will it create an employment relationship between the Client and the Service Provider. Users do not have the authority to enter into written or oral, whether implied or express, contracts on behalf of BlinkEdge Technologies LLC.If you are a Client's Agent and accessing and using the BlinkTutors Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. The Client assumes full and sole responsibility for the acts and omissions of the Client's Agents.
Although we do not control Service Provider's work product or behaviour, Service Providers are required, as a condition of being part of our community, to adhere to certain basic conduct standards such as professional conduct, reliability, honesty and good workmanship. Service Providers are not permitted to represent themselves as our employees or that they have the ability to bind us to certain actions. In the event any Service Provider does so; please inform us promptly. Service Providers are solely responsible for determining the means and manner of performing the Service Provider Services to Clients, and you understand that we do not have any control over or any oversight of how Service Providers deliver the Service Provider Services. We are not responsible for delivering on or completing any Service Requests, and we are not responsible for and will not be liable in any way for any acts or omissions of Service Providers and/or their employees or personnel. We do not endorse, validate or verify the qualifications, skills or licenses of any Service Providers nor will we be responsible for the performance, actions or inactions of any Service Providers. Therefore, you should ensure that you carry out your own searches and ask questions of Service Providers and/or their employees, and other personnel, to satisfy yourself with their credentials and ability to perform the services you need to be performed prior to engaging any Service Provider for Service Provider Services.
Account Registration
By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your Account; and (iii) promptly provide notice to BlinkEdge Technologies LLC. if you discover or otherwise suspect any security breaches related to the Services.Clients shall have their own dashboard through which they can access and manage all their booking appointments and save their payment information.
It is Your responsibility to check to ensure that You download the correct application for Your device. We shall not be liable if You do not have a compatible mobile device or if You download the wrong version of the Website/Application for Your mobile device.
You shall have only one Account in association with the Registration Data provided by You.
You acknowledged and agreed that any Content you place on the Service may be viewed by other Clients/Service Providers and may be viewed by any person visiting or participating in the Service, resulting in forming an opinion about you. However, visitors shall be able to view only limited information about your profile such as your Name, e-mail, phone number, city, province/state, time zone, social media links services offered, reviews, hourly wage, profile picture, any non-private data about You.
You agree and accept that all of the information you provide to BlinkEdge Technologies LLC. when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.
Service Requests
On receipt of a Service Request, Booking will be allotted to the Service Provider on the Platform or in such other manner as may be agreed between the Service Provider and BlinkTutors from time to time.The Service Provider shall duly complete all Bookings allotted in connection with the Services and promptly notify Clients immediately by means of short message service / telephonic calls of any changes/deviations to the Booking, which may affect the provision of the Service.
Once a Booking is allotted, BlinkTutors will provide the Service Provider with the necessary Client information to enable the Service Provider to provide the Service satisfactorily. Such information shall be treated as confidential information
The Service Provider shall ensure to set Deposit, Cancellation & No-Show requirements for each service he/she is providing to the Client.
BlinkEdge Technologies LLC. shall not mediate any disputes between Clients and the Service Providers and BlinkEdge Technologies LLC.’s disclaims any liability in regards to any disputes which may arise between the Clients and the Service Providers.
Payment
Clients and Service providers shall decide the mode of payment. Clients can pay whichever way they choose. BlinkEdge Technologies LLC. offers online payments by credit card, in-person through the terminal (if the Service Provider purchases a terminal), or through Pay-By-Text (PBT). BlinkEdge Technologies LLC. shall not be involved in facilitating refunds.Obligations Of The Service Provider
The Service Provider shall ensure and confirm that they understand the English language and can communicate in the same.The Service provided through the Portal by the Service Provider shall be of the highest quality as per industry standards and by the oral and written requirements of BlinkEdge Technologies LLC. The Service Provider shall be liable for any loss caused to BlinkEdge Technologies LLC. and/or the Client due to negligence of the Service Provider in the performance of the Service.
The Service Provider shall provide the Service to the Clients in a courteous, effective and timely manner.
The Service Provider shall not undertake or assist in any unlawful or illegal activity while performing Services.
The Service Provider or any Service Provider shall ensure the safety and security of the Clients, his self at all times.
The Service Provider shall immediately bring to the notice of BlinkEdge Technologies LLC. any deviation from the provision of the Service/s as required under the terms of these Service Provider T&C, including but not limited to any accidents, damage to life or property.
The Service Provider shall not either directly or indirectly:
- engage in any conduct that damages the reputation or causes inconvenience in any manner to BlinkEdge Technologies LLC.; or
- be the reason for BlinkEdge Technologies LLC. to be a part of any negative publicity.
- Behave respectfully with Clients;
- Identify itself to the Client;
- Commence the appointment with the Clients on time;
- You have the unrestricted right to work in the jurisdiction in which you will be performing Service Requests;
- If the Service Request is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
- You are responsible for identifying and obtaining any required licenses permits;
- You have any insurance required to operate your business and provide your services;
- You will not engage in pornographic or obscene services, including sexual and escort services, offers and solicitations of prostitution, and pornography.
- You will honor your commitments to other Users on the platform, including by responding to invitations promptly; performing the Service Request(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients; and
- You will only offer and provide services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.
- Shall not engage subcontractors to perform any part of any Service Request without explicit consent from the Client.
Representations and Warranties of Users
When interacting with other Users, you should exercise caution and common sense to protect your safety, data, and property, just as you would when interacting with other persons whom you don't know. BlinkEdge Technologies LLC. will not be liable for any false or misleading statements made by Users or Service Providers of the BlinkTutors Platform.The Service Provider represents and warrants that the Service Provider has not been convicted by any court in the UAE for any cognizable offence or an offence punishable with imprisonment for more than three years, under the laws of the UAE.
NEITHER BLINKEDGE TECHNOLOGIES LLC. NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "AFFILIATES") IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE BLINKTUTORS PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BLINKEDGE TECHNOLOGIES LLC AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE BLINKTUTORS PLATFORM.
All Users represent and warrant that:
- You have the right, authority and capacity to enter into this Agreement and to abide by the Terms and Service of this Agreement, and that you will so abide;
- You are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts;
- When using or accessing the BlinkTutors Platform, you will act in accordance with all applicable local, provincial, national, or international law or custom and in good faith; and
- You will not use the BlinkTutors Platform to purchase or deliver alcohol or any other controlled or illegal substances or services.
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and BlinkEdge Technologies LLC. staff;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or BlinkEdge Technologies LLC.; and
- Advertise or offer to sell any goods or services for any commercial purpose through the BlinkTutors Platform that are not relevant to the Service Request services.
Relationship between Service Provider and BlinkEdge Technologies LLC.
During the Term of this Agreement, the Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of BlinkEdge Technologies LLC. The relationship between the Parties is on a principal-to-principal basis. None of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Service Provider and BlinkEdge Technologies LLC. at any time, under any circumstances or for any purpose. Therefore, the Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by BlinkEdge Technologies LLC. The Service Provider shall be responsible for paying all applicable taxes to which he may be subject as an independent contractor.You are responsible for your own statutory remittances, such as income taxes, Employment Insurance and certain other insurance coverages, as you are not an employee of BlinkEdge Technologies LLC.
If You determine that the working conditions are unsafe, you should notify BlinkEdge Technologies LLC. and withdraw from the situation without breaching the Agreement. You are responsible for Your own safety.
The Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of BlinkEdge Technologies LLC. The Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between BlinkEdge Technologies LLC. and any third party or act for or bind BlinkEdge Technologies LLC. in any respect. Any act of the Service Provider on behalf of BlinkEdge Technologies LLC. which may be regarded as over and above the duties and responsibilities as provided in this Agreement shall be deemed unauthorized, unlawful and the Service Provider shall be personally liable for the same.
USERS HEREBY ACKNOWLEDGE THAT BLINKEDGE TECHNOLOGIES LLC. DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER'S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICE REQUESTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the BlinkTutors Platform to a Service Provider being licensed or credentialed in some manner, or "badged," "verified," "vetted" (or similar language) designations indicates only that the Service Provider has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by BlinkEdge Technologies LLC. of such Service Provider's skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be helpful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they contact or interact with via the BlinkTutors Platform.
The BlinkTutors Platform enables connections between Users for the fulfillment of Service Requests. BlinkEdge Technologies LLC. is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Service Requests, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or any ratings or reviews provided by Users concerning each other. BlinkEdge Technologies LLC. makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Service Requests requested or services provided by, or the communications of or between, Users identified through BlinkEdge Technologies LLC. Platform, whether in public or private, via on- or offline interactions, or otherwise howsoever.
Indemnification
The Service Provider agrees and undertake to indemnify and to hold harmless BlinkEdge Technologies LLC. and other parties determined by BlinkEdge Technologies LLC., BlinkEdge Technologies LLC.'s affiliates, successors, subsidiaries, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys' fees) incurred by reason of (i) any breach or alleged breach by the Service Provider of the Service Provider's obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or Service Provider T&C; (ii) any infringement or unauthorized use of intellectual property rights of BlinkEdge Technologies LLC. including but not limited to infringement of intellectual property rights of BlinkEdge Technologies LLC. in the Website/App (iii) any breach of the confidentiality obligations of the Service Provider under this Agreement or Service Provider T&C; (iv) any violation of BlinkEdge Technologies LLC. policies by the Service Provider; (v) any harm to the reputation and goodwill of BlinkEdge Technologies LLC. directly attributable to the Service Provider; and (vi) damage, unauthorized use or loss of the Website/App.Electronic Communications
When you send an e-mail or chat electronically with BlinkEdge Technologies LLC., you communicate with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls, SMS text messages or WhatsApp. You agree that all agreements, notices, disclosures and other communications that BlinkEdge Technologies LLC. provides to you electronically satisfy legal requirements that such communications be in writing.Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, non-exclusive, non-sublicensable license to access and use the platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by BlinkEdge Technologies LLC. or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.BlinkEdge Technologies LLC. will not be liable on Account for any inaccurate information on its Website/App. It is the responsibility of the visitor further to research the information on the Website/App. The User undertakes not to duplicate, download, publish, modify and distribute the material on BlinkEdge Technologies LLC. unless authorized explicitly by BlinkEdge Technologies LLC. in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
Third-Party Website/App/website Links, Content And Services
The Website/App and Content available through the Website/App may contain links to other third-party Website/Apps/website ("Third Party Website/Apps") such as third-party payment processors. If you link to Third-Party Website/Apps, you may be subjected to those Third-Party Website/Apps' Terms and Service and other policies. BlinkEdge Technologies LLC. makes no representation or guarantee of the accuracy or authenticity of the information contained in any such Third-Party Website/App, and your linking to any other Website/App is entirely at your own risk, and BlinkEdge Technologies LLC. disclaims all liability to it.Any contents and services (including advertising) within BlinkEdge Technologies LLC. that BlinkEdge Technologies LLC. does not own are "third-party content and services." BlinkEdge Technologies LLC. acts merely as an intermediary service provider and accepts no responsibility or liability for third-party Content and services. In addition, and without limiting the generality of the preceding, BlinkEdge Technologies LLC. may include links to Websites/Apps operated by third parties, including advertisers and other content providers. Those Websites/Apps may collect data or solicit personal information from you. BlinkEdge Technologies LLC. does not control such Websites/Apps and is not responsible for their Content, policies, or collection, use or disclosure of any information those Websites/Apps may collect.
Ownership and Intellectual Property
This Website/App and all Content forming part of the Website/App, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of the UAE.You acknowledge and agree that BlinkEdge Technologies LLC. owns, controls, or is licensed all legal rights, title and interest in and related to the Website/App, including intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website/App or any computer software or code contained in the Website/App; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website/App.
Reliance on Information Posted
The information presented on or through the Website/App is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website/App or anyone who may be informed of any of its contents.Limitation of Liability
BLINKEDGE TECHNOLOGIES LLC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY AND ALL PERSONAL INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLINKEDGE TECHNOLOGIES LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BLINKEDGE TECHNOLOGIES LLC SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY BLINKEDGE TECHNOLOGIES LLC FROM ITS FACILITIES IN USA AND OTHER COUNTRIES. BLINKEDGE TECHNOLOGIES LLC MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BLINKEDGE TECHNOLOGIES LLC. IS TO STOP USING THE BLINKTUTORS PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR BLINKEDGE TECHNOLOGIES LLC ACCOUNTS, IF APPLICABLE.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE/APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLINKEDGE TECHNOLOGIES LLC. NOR ANY PERSON ASSOCIATED WITH BLINKEDGE TECHNOLOGIES LLC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE/APP. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE/APP WITHOUT LIMITING THE FOREGOING, NEITHER BLINKEDGE TECHNOLOGIES LLC. NOR ANYONE ASSOCIATED WITH BLINKEDGE TECHNOLOGIES LLC. REPRESENTS OR WARRANTS THAT THE WEBSITE/APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE/APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR SERVICE PROVIDERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF BLINKEDGE TECHNOLOGIES LLC. AND BLINKEDGE TECHNOLOGIES LLC. CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
BLINKEDGE TECHNOLOGIES LLC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Entire Agreement/ Severability
These Terms and Service incorporate our Privacy Policy which together constitutes the entire Agreement between You and BlinkEdge Technologies LLC. about Your use of the Website/App and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding and supersede all prior agreements between you and BlinkEdge Technologies LLC. relating to this subject matter and cannot be changed or terminated orally.Assignment
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of BlinkEdge Technologies LLC., and any attempted assignment without such consent shall be void. Subject to the preceding restriction, these Terms will be fully binding upon, inure to the benefit of, and enforceable by our respective successors and assigns.Non-waiver
Failure by either BlinkEdge Technologies LLC. or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate to bar that exercise or enforcement thereof or of any other right on any later occasion.Force Majeure
BlinkEdge Technologies LLC. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.Governing Law And Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered under this Agreement, shall be brought before a competent court in the UAE. The parties hereby acknowledge the exclusive jurisdiction of the Courts of UAE. Therefore, you agree that: Service shall be deemed a passive one that does not give us personal jurisdiction over us, either specific or general, in jurisdictions other than the UAE. This Agreement shall be governed by the internal substantive laws of the UAE, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, UAE, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.Arbitration Procedures:
The Agreement shall be governed by and construed in accordance with the laws of the UAE. If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration. The Parties agree that the arbitration gives the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in the UAE. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator's appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or e-mails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or e-mail. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.