TERMS AND CONDITIONS

1. Introduction

Welcome to the website of HAYA Group located at [www.hayagroup.ae]. (the “Website”). Use of the Website, information, services, and content distributed through or in conjunction with or made available on the Website or through any mobile applications, plug-ins, or other means (collectively, the “Services”) is subject to your acceptance of these Terms & Conditions, our Privacy Policy, and any other notices or amendments posted through the Services.

By accessing and using the Services, or any of the information and/or content presented in any areas of the Services, you are acknowledging that you have read and agree to be bound by these Terms & Conditions, our Privacy Policy, and other notices posted through the Services. You further warrant and covenant that you have the power and authority to enter into this agreement. If you do not acknowledge and agree with the above, you may not access or use HAYA content or Services.

BECAUSE THESE TERMS AND CONDITIONS IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.

HAYA shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms & Conditions at any time (“Changes”). You will be notified of any Changes through a posting on the Website, a notification in the Services, or via e-mail. Any Changes shall be effective 30 (thirty) calendar days following the posting of such Changes (the “New Effective Date”). The most recent version of these Terms & Conditions may always be found at marketing@highfive.ae. You agree to review these Terms & Conditions from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify HAYA via e-mail at [marketing@highfive.ae].

These Terms & Conditions were last modified on November 14, 2015.

2. Purpose of Website

Any and all information and content made available through the Services (“Information And Content”) is provided solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.

3. Remedies for Violations

HAYA reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms & Conditions, including but not limited to the right to block access from a particular IP address to the Services and their features.

4. License of Your Content to HAYA

By uploading, posting, transmitting, sharing, or otherwise making available to the Services any information or content, or submitting any materials for use on the Services, you grant (or warrant that the owner of such rights has expressly granted) HAYA or its designee a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, and distribute such information, content, and/or materials. HAYA retains the right, at its absolute discretion, to edit or remove any information, comments, messages, or other content posted or delivered by any user or visitor to the Website.

5. DISCLAIMER

THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HIGHFIVE, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. HIGHFIVE DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO: (I) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (II) ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (III) THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF; (IV) YOUR USE OF THE SERVICES OR RELIANCE ON ANY INFORMATION AND CONTENT; (V) PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER AS A RESULT OF USING THE SERVICES, OR; (VI) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.

ALL WARRANTIES, TERMS, AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. HIGHFIVE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION, AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION, AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO AND/OR USER OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.

HIGHFIVE IS NOT A PROVIDER OF HEALTHCARE ADVICE NOR OF MEDICAL ADVICE, AND NO INFORMATION AND CONTENT, SERVICES, OR ANY OTHER ASPECT OF THE WEBSITE IS INTENDED AS A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE AND MEDICAL ADVICE.

ANY INTERACTIONS THAT YOU MAY HAVE WITH THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY OFF-WEBSITE INTERACTIONS WITH PERSONS THAT ARE INTRODUCED TO YOU THROUGH THE WEBSITE, SHALL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HAYA BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. HIGHFIVE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN; (II) YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE SERVICES; (III) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, HAYA'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$1.00 (OR THE EQUIVALENT IN ANY OTHER CURRENCY).

6. Service Modifications

You acknowledge and agree that HAYA reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you and that HAYA will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.

7. Privacy and Personal Information

You acknowledge that you have read and agree to all of the terms and conditions of HAYA’s Privacy Policy, which is located at marketing@highfive.ae, and that you agree to the incorporation of the Privacy Policy into these Terms & Conditions.

 
8. Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is inherently not secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, HAYA does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with HAYA containing your personal information. While HAYA shall take commercially reasonable efforts to safeguard the privacy of the information you provide to HAYA and shall treat such information in accordance with HAYA’s Privacy Policy, in no event will the information you provide to HAYA be deemed to be confidential, create any fiduciary obligations to you on HAYA’s part, or result in any liability to you on HAYA’s part in the event that such information is inadvertently released by HAYA or accessed by third parties without HAYA’s consent.

9. Proprietary Rights

“HAYAgroup.ae”, [“highfive.ae”], the HAYA logo, and other identifying marks of HAYA are and shall remain the trade-marks and trade names and exclusive property of HAYA, and any unauthorized use of these marks is unlawful. Other trade marks on the Services are the property of their respective owners. All content in the Services, including without limitation all programs, compiled binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of HAYA and is protected by international copyright law. The Information and Content may be used by you only for your personal, non-commercial use. Any rights not expressly granted to you are reserved by HAYA.

10. Copyright Infringement

HAYA will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. HAYA reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Inappropriate circumstances, HAYA may also terminate a user’s account if the user is determined to be a repeat infringer.

11. Indemnification by User

You agree to indemnify, defend, and hold HAYA and HAYA’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third-party applications, software, information, content, and/or materials you post or share on or through the Services, or breach of these Terms & Conditions. HAYA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

12. Third Party Websites, Content and Products and Services

Any hypertext links or pointers to third-party websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by HAYA of (I) the organizations that operate such websites; (II) the information, content, privacy policies or other terms of use on such websites; or (III) such third party products and services.

As HAYA has no control or responsibility for, and does not investigate, monitor, or check for accuracy third party websites or information and/or content maintained by other organizations, or for products and services offered by third parties, and HAYA does not assume any liability for your use of any of the foregoing. If you decide to exit the Services and access third-party websites, you acknowledge and agree that you do so at your own risk and you should be aware that these Terms & Conditions no longer govern.

13. Unlawful Activity

HAYA reserves the right to investigate complaints or reported violations of these Terms & Conditions and to take any action HAYA deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

HAYA may decline to provide access to the Website and to the Services to any users that are subject to, or that are located in countries that are subject to, any national or international sanctions programs.

14. General

These Terms & Conditions incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Privacy Policy and, except for any agreements with HAYA that expressly reference these Terms & Conditions, constitute the entire agreement between you and HAYA with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms & Conditions supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and HAYA relating to the Services. This agreement is not intended to create a partnership, joint venture, or agency relationship between you and HAYA.

If any provision of these Terms & Conditions is invalid, illegal, or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable. In such a case, the remaining provisions of these Terms & Conditions shall be construed in a manner as to give the greatest effect to the original intention of the parties hereto. HAYA’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms & Conditions shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms & Conditions. You agree that these Terms & Conditions, HAYA’s Privacy Policy, and other notices posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms & Conditions shall be governed by and construed in accordance with the laws of Dubai, United Arab Emirates, without regard to conflict of law’s provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument, or by law, shall be cumulative and may be exercised singly or concurrently. The parties hereby irrevocably agree to the exclusive jurisdiction of the courts of the United Arab Emirates.

15. Force Majeure

In addition to applicable disclaimers stated above, HAYA’s performance under these Terms & Conditions shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or another third-party information provider (s), third party software, or communication method interruptions.

 16. Contact

 If you have any questions or concerns about the Website, Services, or these Terms & Conditions, please feel free to contact us at PO Box 643594, Dubai, UAE or marketing@highfive.ae