These terms of use (“Terms of Use”) apply to the corporate websites (“Websites”) of XRG and/or companies within the XRG group of companies (“XRG Group”). By accessing or using the Websites, you agree the Terms of Use without limitation or qualification. Please read them carefully and if you don’t agree with these Terms of Use, you must exit the Websites immediately.

In this Terms of Use, “XRG”, “we”, “us” and “our” refers to XRG Group, and “you” and “your” mean any person accessing or using the Websites. This Terms of Use are to be read in conjunction with the Websites’ Privacy Policy.
1.  
COPYRIGHT
1.1. The copyright and any other intellectual property (“IP”) rights in the material contained in the Websites belong to XRG Group or third parties (as applicable), all rights reserved. Except solely for your own personal and non-commercial use and provided you keep intact all and any copyright and proprietary notices, no part of the Websites may be copied, adapted, modified, distributed, transmitted, displayed, performed, reproduced or published without our prior written permission.
2.  
NO WARRANTY
2.1. Where the Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites or information you may obtain from them. We make no representations about the suitability of the information and services contained on the Websites for any purpose.

2.2. We do not accept any liability for any reliance placed by you on any statement or representation in any Websites whether made by us or a third party.
3.  
USER-GENERATED CONTENT
3.1. The Websites may include information and materials uploaded by other users of the Websites, including to bulletin boards and chat rooms etc. This information and these materials have not been verified or approved by us. The views expressed by other users (if any) on or via our Websites do not represent our views or values.

3.2. If you wish to complain about information and materials uploaded by other users, please use the “Contact Us” section on our Websites to send us an enquiry.
4.  
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
4.1. We shall use reasonable care and skill in carrying out the services contained in the Websites. The Websites are provided for general information purposes only. Some information contained in the Websites contain projections, predictions or look-forward statements relating to our future performance or the occurrence of future events. Please be aware that these statements are only predictions and the actuality of these statements may be materially different. As such, you should place no reliance on these statements and you release us from any liability arising from your reliance on said statements or events.

4.2. Except in relation to liability which cannot be limited under applicable laws we are subject to, we will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the Websites) for any actions by us or anyone who works for us. Our liability for any loss arising out of the use of the Websites shall be limited to AED 100 for any one event or series of related events.

4.3. Save as aforesaid and to the extent permitted by applicable laws we are subject to, we shall not be liable for (whether direct or indirect) any loss of profit, loss of opportunity, loss of business, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of any information and services on the Websites or otherwise arising out of the use of the Websites and all warranties, terms and conditions with regard to such information and services, whether express or implied arising under law or otherwise are hereby excluded. We will not be responsible for the security or privacy of the Websites and any information provided to the Websites by you.

4.4. You must bear the risk associated with the use of the Websites. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Websites.

4.5. You agree to indemnify and hold harmless and defend XRG Group as well as its respective officers, directors and employees from any claim, demand, cause of action, debt, loss, liability and lawyers’
5.  
UPLOADING CONTENT TO THE WEBSITES
5.1. Any content that you upload to the Websites will be considered non-confidential and non-proprietary. You grant us all of your ownership rights in your content, including (but not limited to) the right to use, store and copy that content, to publish it in a form we deem fit and to distribute and make it available to third parties at our discretion.

5.2. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their IP rights, or of their right to privacy or is in violation of applicable laws.

5.3. We have the right to remove any contribution you make at our discretion. You are solely responsible for securing and backing up your content.
6.  
GENERAL PROHIBITION UNDER APPLICABLE LAWS
6.1. Misuse of the Websites will be treated seriously and dealt with in accordance with applicable laws. In particular, viewing, accessing, transmitting, posting, downloading or uploading any of the following materials, is likely to amount to a crime (this list is not exhaustive):

  • material which is discriminatory and/or offensive;
  • obscene, derogatory or criminal material or material which is liable to cause embarrassment to the XRG Group and any of its staff or its customers or suppliers or bring the reputation of XRG Group and any of its staff or its customers or suppliers into disrepute;
  • any defamatory material about any person or organisation or material which includes statements which are untrue or of a deceptive nature;
  • any material which, by intent or otherwise, harasses, harms, degrades, dishonours, discredits or intimidates the recipient on the basis of (without limitation) religion, gender, race, ethnicity, age, or disability;
  • any other statement which is designed to cause annoyance, inconvenience or anxiety to anyone;
  • any material which violates the privacy of others or unfairly criticises or misrepresents others;
  • confidential information about XRG Group and any of its staff, customers or suppliers;
  • any other statement which is likely to create any liability (whether criminal or civil);
  • material in breach of copyright and/or other IP rights or if it violates the privacy of others or criticises or misrepresents others;
  • online gambling or games of chance; and/or
  • unsolicited commercial or advertising material, chain letters or other junk materials of any kind.


6.2. You must not:

  • seek to gain access to restricted areas of any network;
  • attempt to compromise the integrity of the Websites content or information without proper authorization;
  • perform actions that may deny others access to our Websites, or may otherwise negatively affect Websites’ availability;
  • access or try to access data which you know or ought to know is confidential;
  • intentionally or recklessly introduce any form of spyware, computer virus or other potentially malicious software; and/nor
  • carry out any electronic hacking activities.


6.3. For your information, breach of Article 6 above, would not only contravene the Terms of Use but could in some circumstances also amount to a criminal offence under applicable laws. If we have evidence of examples of misuse of the Websites, we reserve the right to inform and cooperate with the relevant law enforcement authorities, or to carry out a more detailed investigation in accordance with its procedures.
7.  
OTHER REQUIREMENTS
7.1. The ways in which you can use the Websites may also be controlled by third party rules and policies. Use of the Websites may require a device with a sufficient amount of memory and a compatible operating system.

7.2. You may:

  • download or stream a copy of the Websites for personal or business purposes only; and/or
  • receive and use any free supplementary software code or update of the application incorporating “patches” and corrections of errors as we may provide to you.


7.3. You must be aged 18 or over to use the Websites. By using the Websites, you confirm that you are over the age of 18.

7.4. From time to time, we may automatically update the Websites to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Websites.

7.5. If you use the Websites on any device or computer not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with the Terms of Use, whether or not you own the device or computer.

7.6. By using the Websites, you agree to us collecting and using technical information about the devices you use the Websites on and related software, hardware and peripherals to improve our products and to provide any services to you.

7.7. Certain services will make use of location data sent from your devices. If you use these services, you consent to us transmitting, collecting, retaining, maintaining, processing and using your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.

7.8. We may collect, process and use any personal data we collect from you whether given to us by you or collected from you, in any manner in accordance with the Privacy Policy.
8.  
WE MAY END YOUR RIGHTS TO USE THE WEBSITES IF YOU BREAK THESE TERMS
8.1. We may end your rights to use the Websites at any time in our discretion.

8.2. If we end your rights to use the Websites:

  • you must stop all activities authorised by these terms, including your use of the Websites. You must delete or remove the Websites from all devices in your possession and immediately destroy all copies of the application which you have and confirm to us that you have done this; and/or
  • we may implement measures to restrict or limit your ability to access or use the Websites or any of its components.
9.  
GENERAL
9.1. We may transfer our rights and obligations under the Terms of Use to another organisation.

9.2. You may not transfer your rights or your obligations under the Terms of Use to another person if we agree in writing.

9.3. This agreement does not give rise to any rights to any third parties.

9.4. Each of the paragraphs of the Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.5. Even if we delay in enforcing this Terms of Use, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.  
RULES ABOUT LINKING TO OUR WEBSITES
10.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation or have a detrimental effect on the performance or functioning of the Websites.

10.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.3. Our Websites must not be framed on any other site, nor may you create a link to any part of our Websites other than the home page.

10.4. We reserve the right to withdraw linking permission without notice.

10.5. If you wish to link to or make any use of content on our Websites other than that set out above, please contact us via the “Contact Us” section on our Websites.
11.  
CHOICE OF LAW AND JURISDICTION
11.1. If there is any dispute between you and XRG Group about or related to the Website and/or the Terms of Use, the laws of the Abu Dhabi Global Market (“ADGM”) will apply to the dispute. If there is any dispute, the courts of the ADGM will have exclusive jurisdiction.
12.  
FOR MORE INFORMATION
12.1. If you have any questions about the Terms of Use, please use the “Contact Us” section on our Websites to send us an enquiry. If you contact us, we will treat any personal data in line with our Privacy Policy.