PLEASE READ THERE TERMS AND CONDITIONS
CAREFULLY!
1. Acceptance of Terms
1.1 WELCOME TO TAMEEN4U.COM
free service (the "SERVICE").
The following sets forth the terms and conditions of the Tameen4u.com Free
Membership Agreement (this "Agreement")
between you and Tameen4u.com ("Tameen4u.com")
under which Tameen4u.com offers you access to the Service through the web site
identified by the uniform resource locator www.Tameen4u.com (the "Site"). Use of the Service
indicates that you accept the terms and conditions set forth below. If you do
not accept all of the terms and conditions, please do not use the Service. BY
COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY
THIS AGREEMENT REFERRED TO AS THE "TAMEEN4U.COM
TERMS OF USE"). Terms not defined in this Agreement shall
bear the same meaning as that contained in the Tameen4u.com.
1.2 Tameen4u.com may amend this Agreement at any time by
posting the amended and restated Agreement on this Site. The amended and
restated Agreement shall be effective immediately upon posting. This Agreement
was last amended on May 05 2008. Posting by Tameen4u.com of the amended and restated
Agreement and your continued use of the Service shall be deemed to be
acceptance of the amended terms. This Agreement may not otherwise be modified
except in writing by an authorized officer of Tameen4u.com.
2. The Service
2.1 The Service will
be offered free-of-charge for an unspecified time period and will have the
following core features (which may be added to or modified, or suspended for
scheduled or unscheduled maintenance purposes, from time to time at the sole
discretion of Tameen4u.com and notified to you) ("Free Member Benefits"):
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Customer Profile: Allow members to make
their profile for quick quotes.
Online Insurance Quotes: Allow members
to take indication of applicable insurance premium for a selection of
insurance products.
Insurance News & Views: Allows
members to receive news, views and adverts from various sources.
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2.2 Tameen4u.com may
terminate all or part of the above Free Member Benefits at any time in its sole
discretion. Tameen4u.com reserves the right to charge for the Service at any
time in its sole discretion.
2.3 The Service is
useful to people who wish to buy insurance in United Arab Emirates only.
2.4 Tameen4u.com shall
issue a Password (the latter shall be chosen by the Member during registration)
to each Member to access the Service through such Member's Account. Email Id
will be user name, and at each time a valid email id will be needed to access
site features. Each Member shall be solely responsible for maintaining the
confidentiality of its Member ID and Password and for all activities that occur
under the Member ID and Password. A set of Member ID and Password is unique to
a single Account and no Member shall share, assign or permit the use of its
Account, Member ID or Password to another person outside of the Member's
business entity. Each Member acknowledges that sharing of its Account with
other persons, or allowing multiple users outside of its business entity to use
its Account (collectively, "multiple use"), will cause irreparable
harm to Tameen4u.com and each Member shall indemnify Tameen4u.com against any
loss or damages (including but not limited to loss of profits) suffered by Tameen4u.com
as a result of such multiple use of an Account. Each Member hereby undertakes
to notify Tameen4u.com immediately of any unauthorized use of its Account,
Member ID or Password or any other breach of security. Each Member hereby
agrees that Tameen4u.com shall not be liable for any loss or damages arising
from the Member's failure to comply with this paragraph.
2.5 Tameen4u.com
reserves the right to change, upgrade, modify, limit or suspend the Service or
any of its related functionalities or applications at any time temporarily or
permanently without prior notice. Tameen4u.com further reserves the right to
introduce new features, functionalities or applications to the Service or to
future versions of the Service. All new features, functionalities,
applications, modifications, upgrades and alterations shall be governed by this
Agreement, unless otherwise stated by Tameen4u.com.
2.6 Each Member
acknowledges that inability to use the Service wholly or partially for whatever
reason may have adverse effects on its business. Each Member hereby agrees that
in no event shall Tameen4u.com be liable to the Member or any third parties for
any inability to use the Service (whether due to disruption, changes to or
termination of the Service or otherwise), any delays, inaccuracies, errors or
omissions with respect to any communications or transmission or delivery of all
or any part thereof, or any damage (direct, indirect, consequential or
otherwise) arising from the use of or inability to use the Service. Each Member
further agrees that any claim against Tameen4u.com for pre-mature termination
of the Service and loss of Free Member Benefits shall be limited to the amount
of subscription fees paid by the Member that are allocated (on a pro-rata
basis) to the unused portion of the subscription period.
2.7The online
quotations given on this website are indication of premiums available through
licensed International or UAE Insurers/Brokers. Your insurance policy will be
placed with one of our associated Insurers or Insurance Brokers. A quotation
from this website and any payment on this website merely tantamount to a
proposal made to an Insurance Company/Broker. You are not insured unless an expressed
confirmation from an Insurance Company or an Insurance document is issued.
3. Member Responsibilities
3.1 Each Member hereby
represents, warrants and agrees to (a) provide true, accurate, current and
complete information about itself and its business references as may be
required by Tameen4u.com and (b) maintain and promptly amend all information to
keep it true, accurate, current and complete. Each Member hereby grants an
irrevocable, perpetual, worldwide and royalty-free, sublicensable (through
multiple tiers) license to Tameen4u.com to display and use all information
provided by such Member in accordance with the purposes set forth in this
Agreement and to exercise the copyright, publicity, and database rights you
have in such material or information, in any media now known or not currently
known.
3.2 Each Member hereby represents,
warrants and agrees that the use by such Member of the Service and the Site
shall not:
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contain fraudulent information or make
fraudulent offers of items or involve the sale or attempted sale of
counterfeit or stolen items or items whose sales and/or marketing is
prohibited by applicable law, or otherwise promote other illegal activities;
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b)
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be part of a scheme to defraud other
Members or other users of the Site or for any other unlawful purpose;
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c)
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infringe or otherwise abet or encourage
the infringement or violation of any third party's copyright, patent,
trademarks, trade secret or other proprietary right or rights of publicity
and privacy;
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d)
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violate any applicable law, statute,
ordinance or regulation (including without limitation those governing export
control, consumer protection, unfair competition, anti-discrimination or
false advertising);
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e)
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contain information that is defamatory,
libelous, unlawfully threatening or unlawfully harassing;
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f)
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contain information that is obscene or
contain or infer any pornography or sex-related merchandising or any other
content or otherwise promotes sexually explicit materials or is otherwise
harmful to minors;
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g)
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promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation or age;
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h)
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contain any material that constitutes
unauthorized advertising or harassment (including but not limited to
spamming), invades anyone's privacy or encourages conduct that would
constitute a criminal offence, give rise to civil liability, or otherwise
violate any law or regulation;
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i)
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involve attempts to copy, reproduce,
exploit or expropriate Tameen4u.com's various proprietary directories,
databases and listings;
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j)
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involve any computer viruses or other
destructive devices and codes that have the effect of damaging, interfering
with, intercepting or expropriating any software or hardware system, data or
personal information; and
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k)
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involve any scheme to undermine the
integrity of the computer systems or networks used by Tameen4u.com and/or any
user of the Service and no Member shall attempt to gain unauthorized access
to such computer systems or networks;
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l)
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link directly or indirectly to or include
descriptions of goods or services that are prohibited under this Agreement or
the Tameen4u.com Terms of Use; or
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m)
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otherwise create any liability for Tameen4u.com
or its affiliates.
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3.3 Each Member
represents, warrants and agrees that with regards to information about or
posted on behalf of any business referee, it has obtained all necessary
consents, approvals and waivers from its business partners and associates to (a) act as such Member's business
referee; (b) to post
and publish their contact details and information, reference letters and
comments on their behalf; and (c)
that third parties may contact such business referees to support claims or
statements made about the Member. Each Member further warrants that all
reference letters and comments are true and accurate and hereby waives all
requirements for such Member's consent to be obtained before third parties may
contact the business referees.
3.4 Each Member
acknowledges and agrees that Tameen4u.com shall not be required to actively
monitor nor exercise any editorial control whatsoever over the content of any
message or other material or information created, obtained or accessible
through the Service. Tameen4u.com does not endorse, verify or otherwise certify
the contents of any comments or other material or information made by any
Member. Each Member is solely responsible for the contents of their
communications and may be held legally liable or accountable for the content of
their comments or other material or information.
3.5 Each Member
represents, warrants and agrees that it has obtained all necessary third party
copyright or trademark licenses and permissions and shall be solely responsible
for ensuring that any material or information it posts on the Site or provides
to Tameen4u.com or authorizes Tameen4u.com to display does not violate the
copyright, trademark, trade secret or any other personal or proprietary rights
of any third party or is posted with the permission of the owner(s) of such
rights.
3.6 If any Member
breaches the representations, warranties and covenants of paragraphs 3.1, 3.2,
3.3, 3.4 or 3.5 above, or if Tameen4u.com has reasonable grounds to believe
that such Member is in breach of such representations, warranties and
covenants, Tameen4u.com has the right to suspend or terminate the Service and
all Free Member Benefits with respect to such Member without any compensation,
and refuse any and all current or future use of the Service or any other
services that may be provided by Tameen4u.com. Further, Tameen4u.com reserves
the right in it sole discretion to remove any material it reasonably believes
that is unlawful, could subject Tameen4u.com to liability, violates this
Agreement or the Tameen4u.com Terms of Use or is otherwise found inappropriate
in Tameen4u.com's opinion. Tameen4u.com reserves the right to cooperate fully
with governmental authorities, private investigators and/or injured third
parties in the investigation of any suspected criminal or civil wrongdoing.
Further, Tameen4u.com may disclose the Member's identity and contact
information, if requested by a government or law enforcement body, an injured
third party, or as a result of a subpoena or other legal action, and Tameen4u.com
shall not be liable for damages or results thereof and Member agrees not to
bring any action or claim against Tameen4u.com for such disclosure. In
connection with any of the foregoing, Tameen4u.com may suspend or terminate the
Account of any Member as Tameen4u.com deems appropriate in its sole discretion.
3.7 Each Member agrees
to indemnify Tameen4u.com, its employees, agents and representatives and to
hold them harmless, from any and all losses, claims and liabilities (including
legal costs on a full indemnity basis) which may arise from its submissions,
posting of information or deletion thereof, from such Member's use of the Service
or from such Member's breach of this Agreement or the Tameen4u.com Terms of
Use. Each Member further agrees that Tameen4u.com is not responsible, and shall
have no liability to it or anyone else for any material posted by such Member
or third parties, including fraudulent, untrue, misleading, inaccurate,
defamatory, offensive or illicit material and that the risk of damage from such
material rests entirely with each Member. Tameen4u.com reserves the right; at
it own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by the Member, in which event the Member
shall cooperate with Tameen4u.com in asserting any available defenses.
4. Transactions between Buyers and Suppliers
4.1 Through the Site, Tameen4u.com
provides an electronic web-based platform for exchanging information between
buyers and suppliers of insurance & related products and services. Tameen4u.com
does not represent the seller nor the buyer in specific transactions and does
not charge any commissions from completing any transactions. As a result, Tameen4u.com
does not control and is not liable to or responsible for the quality, safety,
lawfulness or availability of the products or services offered for sale on the
Site or the ability of the suppliers to complete a sale or the ability of
buyers to complete a purchase.
4.2 Members are hereby
made aware that there may be risks of dealing with people acting under false
pretences. Tameen4u.com uses several techniques to verify the accuracy of the
information our users provide us when they register on the Site. However,
because user verification on the Internet is difficult, Tameen4u.com cannot and
does not confirm each user's purported identity. We encourage you to use the various tools
available on the Site, as well as common sense, to evaluate with whom you are
dealing.
4.3 Each Member
acknowledges that it is fully assuming the risks of purchase and sale
transactions when using the Site to conduct transactions, such risks shall
include, but not limited to, mis-representation of products and services,
fraudulent schemes, unsatisfactory quality, failure to meet specifications,
defective products, delay or default in delivery or payment, cost mis-calculations,
breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member
agrees that Tameen4u.com shall not be liable or responsible for any damages
that may arise a result of or in connection with any Transaction Risks.
4.4 Members are solely
responsible for all of the terms and conditions of the transactions conducted
on, through or as a result of use of the Site, including, without limitation,
terms regarding payment, returns, warranties, shipping, insurance, fees, taxes,
title, licenses, fines, permits, handling, transportation and storage.
4.5 In the event that
any Member has a dispute with any party to a transaction, such Member agrees to
release and indemnify Tameen4u.com (and our agents, affiliates, directors,
officers and employees) from all claims, demands, actions, proceedings, costs,
expenses and damages (including without limitation any actual, special,
incidental or consequential damages) arising out of or in connection with such
transaction.
5. Use of Discussion Boards on the Site
5.1 If Tameen4u.com
provides its Members use of discussion boards on the Site free of charge to
promote and encourage open, honest and respectful communication between all of
our Members. The discussion boards on the Site shall not be used as a marketing
platform by Members and Members shall not post any information relating to
trade leads, promotion of their products or their company profile.
5.2 Each Member
acknowledges that all data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("content"), whether
publicly posted or privately transmitted through a discussion board on the
Site, are the sole responsibility of such Member from whom the content originated.
This means that the posting Member, and not Tameen4u.com, is entirely
responsible for all content that is uploaded or posted via our discussion
boards on the Site. Tameen4u.com does not control the content posted via
discussion boards and therefore does not guarantee the accuracy, integrity or
quality of such content.
5.3 Tameen4u.com
reserves the right to delete or edit any postings in its sole discretion
without prior notice. Tameen4u.com may monitor posting activities of any Member
who is in breach of this Agreement and may restrict their ability to post
messages on the discussion boards on the Site. Under no circumstances will Tameen4u.com
be liable in any way for any content, including (without limitation) any errors
or omissions in any content, or for any loss or damage of any kind incurred as
a result of the use of the discussion boards by such Member. Each Member agrees
to evaluate and bear all risks associated with the use of any content including
any reliance on its accuracy or completeness. Each Member understands that by
using the Tameen4u.com discussion boards on the Site, such Member may be
exposed to content that is offensive, indecent or objectionable.
5.4 Without prejudice
to each Member's responsibilities under Clause 3 of this Agreement, each Member
agrees not to use the discussion boards on the Site to:
5.4.1 upload, post or
e-mail any content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libellous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
5.4.2 harm minors in
any way;
5.4.3 impersonate any
person or entity, falsely state or otherwise misrepresent your affiliation with
a person or entity or disguise the origin of any content;
5.4.4 "stalk"
or otherwise harass another;
5.4.5 collect or store
personal data about other users;
5.4.6 upload, post or
e-mail any content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships;
5.4.7 upload, post or
e-mail any content that infringes any intellectual property rights of any
party;
5.4.8 upload, post or
e-mail any unsolicited or unauthorized advertising, promotional materials,
"junk mail", "spam", "chain letters", or any
other form of solicitation;
5.4.9 upload, post or
e-mail any content that contains computer viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer software, hardware or telecommunications equipment;
5.4.10 upload, post or
e-mail any content that contains a complaint regarding Tameen4u.com's services
or refers to such a complaint on the Site or to any other Members; any such
complaint must be directed to the customer service e-mail on the Site; or
5.4.11 violate any
applicable national or internal laws or regulations.
5.5 Each Member
acknowledges that Tameen4u.com does not pre-screen content but that Tameen4u.com
shall have the right (though not the obligation) in its sole discretion to
move, modify or remove any content that is posted or uploaded on the discussion
boards on the Site.
5.6 Each Member grants
to Tameen4u.com a perpetual, world-wide, royalty-free irrevocable,
non-exclusive licence (including the right to sub-license through multiple
tiers) to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display any content (in whole or part) such
Member uploaded, posted or e-mailed and/or to incorporate such content in other
works in any form, media or technology now known or developed.
5.7 Each Member shall
indemnify and hold Tameen4u.com and its subsidiaries, affiliates, employees,
officers, agents or partners harmless from and against any direct or indirect
loss or damage (including consequential loss and loss of profits, goodwill or
business opportunities arising from any third party claim in relation to any
content such Member uploaded, posted or e-mailed on or through the discussion
boards on the Site, such Member's use of the discussion boards on the Site, or
such Member's breach of the provisions set out in Clause 5.4.
5.8 On being made aware
of any such breaches, Tameen4u.com may ban, delete or prohibit any content that
relates to those breaches or that Tameen4u.com in its sole discretion consider to
be harmful to the public or the rights of Tameen4u.com or any of its
affiliates, licensors, partners or Members.
5.9 Tameen4u.com
reserves the right to take whatever action it deems necessary to prevent a
Member's breach of Clause 5.4 including the following:
5.9.1 issue a warning
letter to the relevant Member (where the breaches Tameen4u.com are deemed by Tameen4u.com
to be minor); or
5.9.2 ban the relevant
Member from discussion boards on the Site (where the breaches are deemed by Tameen4u.com
to be major).
All incidents will be logged and Tameen4u.com's decision shall be final in all
such cases.
5.10 All information
and/or other content posted on the Site by the Tameen4u.com service team or by
Members or third party partners is supplied for information purposes only and
shall not under any circumstances be construed as legal and/or business advice
or a legal opinion. Members are encouraged to seek independent professional
advice in such situations.
6. Limitation of Liability
6.1 THE FEATURES AND SERVICES ON THE TAMEEN4U.COM
SITE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, AND TAMEEN4U.COM
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
6.2 TAMEEN4U.COM MAKES
NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION
PROVIDED ON OR THROUGH THE SITE.
6.3 Any material
downloaded or otherwise obtained through the Site is done at each Member's sole
discretion and risk and each Member is solely responsible for any damage to its
computer system or loss of data that may result from the download of any such
material. No advice or information, whether oral or written, obtained by any
Member from Tameen4u.com or through or from the Site shall create any warranty
not expressly stated herein.
6.4 Under no
circumstances shall Tameen4u.com be held liable for an delay or failure or
disruption of the content or services delivered through the Site resulting
directly or indirectly from acts of nature, forces or causes beyond its
reasonable control, including without limitation, Internet failures, computer,
telecommunications or any other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, Acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
6.5 Each Member hereby
agrees to indemnify and save Tameen4u.com, its affiliates, directors, officers
and employees harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from such Member's use
of the Site (including but not limited to the display of such Member's
information on the Site) or from its breach of any of the terms and conditions
of this Agreement. Each Member further agrees that Tameen4u.com is not
responsible and shall have no liability to it, for any material posted by others,
including defamatory, offensive or illicit material and that the risk of
damages from such material rests entirely with each Member. Tameen4u.com
reserves the right; at it own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you shall cooperate with Tameen4u.com in asserting any available
defenses.
6.6 Tameen4u.com shall
not be liable for any special, direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to
damages for loss of profits or savings, business interruption, loss of
information), whether in contract, negligence, tort, strict liability or
otherwise or any other damages resulting from any of the following:
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the use or the inability to use the Site;
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b)
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any defect in goods, samples, data,
information or services purchased or obtained from a Member or a third-party
service provider through the Site;
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c)
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unauthorized access by third parties to
data or private information of any Member;
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d)
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statements or conduct of any Member of
the Site; or
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e)
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any matters relating to Paid Services
however arising, including negligence.
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7. Intellectual Property Rights
7.1 Tameen4u.com is
the sole owner or lawful licensee of all the rights to the Site and the Tameen4u.com
Content. The Site and Tameen4u.com Content embody trade secrets and
intellectual property rights protected under worldwide copyright and other
laws. All title, ownership and intellectual property rights in the Site and Tameen4u.com
Content shall remain with Tameen4u.com, its affiliates or licensors of the Tameen4u.com
Content, as the case may be. All rights not otherwise claimed under this
Agreement or by Tameen4u.com are hereby reserved.
7.2 "TAMEEN4U.COM"
and related icons and logos are registered trademarks or trademarks or service
marks of Tameen4u.com Corporation in various jurisdictions and are protected
under applicable copyright, trademark and other proprietary rights laws. The
unauthorized copying, modification, use or publication of these marks is
strictly prohibited.
8. General
8.1 Subject to any
additional agreements relating to Paid Services, this Agreement and the Privacy
Policy constitute the entire agreement between the Member and Tameen4u.com with
respect to access to and use of the Site, superseding any prior written or oral
agreements in relation to the same subject matter herein.
8.2 Tameen4u.com and
the Member are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
8.3 If any provision
herein is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced.
8.4 Headings are for
reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section.
8.5 Tameen4u.com's
failure to enforce any right or failure to act with respect to any breach by a
Member under these terms and conditions will not waive that right nor waives Tameen4u.com's
right to act with respect with subsequent or similar breaches.
8.6 Tameen4u.com shall
have the right to assign its obligations and duties in this Agreement and in
any agreement relating to Paid Services to any person or entity.
8.7 This Agreement
shall be governed by the laws of the India without regard to its conflict of law
provisions. The parties to this Agreement hereby submit to the exclusive
jurisdiction of the courts of India.