Terms and Conditions of Use

 

Please read these Terms and Conditions of Use carefully before downloading, accessing, or using any DIVES HOLDING Online Service. These Terms and Conditions of Use (hereinafter referred to as "Terms and Conditions") apply to your access to, and use of, any website, mobile application, or online service or program (collectively, the "Online Services") of DIVESHOLDING Enterprises, LLC and its affiliates (collectively referred to as "DIVESHOLDING," "we," and "us") where these Terms and Conditions are posted or linked.

 

1. Agreement and Binding Nature

 

These Terms and Conditions are a legal and binding agreement between you and DIVESHOLDING. They govern your use of the Online Services, which include the programs, content, information, services, and features made available through the Online Services. By accessing or using any part of the Online Services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must discontinue accessing and using the Online Services.

 

1.  Modifications to Terms and Conditions

 

DIVESHOLDING reserves the right to update, change, modify, or revise these Terms and Conditions at any time without prior notice. Any changes will be effective upon posting the updated Terms and Conditions on the Online Services, along with the "Last Updated" date at the end of these Terms and Conditions. Your continued access to or use of the Online Services after any modifications indicates your acceptance of the revised Terms and Conditions. It is your responsibility to regularly review the Terms and Conditions for any updates.

 

1.  Use of the Online Services

 

The Online Services and all content, materials, and information featured, displayed, contained, and available on the Online Services (collectively, the "Materials") are owned by or licensed to DIVESHOLDING and are protected by intellectual property laws. Subject to your compliance with these Terms and Conditions, DIVESHOLDING grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for noncommercial purposes only. You may view, copy, download, and print Materials solely for your own personal, noncommercial use. Any copyright, trademark, or other proprietary notices on the Materials must be retained on all copies. You may not reproduce, distribute, transmit, sell, modify, create derivative works, or exploit the Online Services or Materials in any way without prior written consent from DIVESHOLDING.

 

1.  User Conduct

 

You agree to use the Online Services, Materials, and programs, features, and services in accordance with these Terms and Conditions and all applicable laws and regulations. You must not use the Online Services for any unlawful, fraudulent, malicious, or disruptive purposes. Specifically, you must not engage in any of the following activities:

 

• Modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials.

• Attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking or any other means.

• Use the Online Services in a way that could disrupt, damage, disable, or impair it or its systems, servers, or networks.

• Use the Online Services for commercial purposes, including advertisements, spam, or solicitations.

• Use automated means to access, copy, or monitor the Online Services or Materials without permission.

• Transmit viruses, worms, or other harmful items.

• Circumvent or attempt to circumvent any security or authentication measures.

• Post or submit any unlawful, harmful, defamatory, vulgar, obscene, or objectionable content.

 

DIVESHOLDING reserves the right to prohibit access to the Online Services for any conduct that violates these Terms and Conditions.

 

1.  Submissions

 

Any materials, remarks, suggestions, ideas, photos, stories, or other information you communicate or submit to us through the Online Services ("Submissions") will be considered non-confidential and non-proprietary. By providing a Submission, you grant DIVESHOLDING an unrestricted, irrevocable, perpetual, transferable, worldwide, royalty-free license to use, reproduce, display, and distribute your Submission for any purpose without compensation to you or anyone else. You are responsible for the content of your Submissions and agree that they comply with these Terms and Conditions.

 

1.  Login and Registration

 

Certain programs, features, or services offered on the Online Services may require registration or login. You are responsible for maintaining the confidentiality of your login information and must notify DIVESHOLDING of any unauthorized use of your account. You must be at least 18 years old to use the Online Services or have the supervision of an adult or guardian.

 

1.  Mobile Apps

 

If you access the Online Services through a mobile application ("Mobile App"), you must have a compatible mobile device. DIVESHOLDING does not guarantee compatibility with all devices. Apple and Google, and their subsidiaries, are third-party beneficiaries to this contract if you access the Mobile App through iOS or Android devices, respectively.

 

1.  Links To Third-Party Sites and Social Media Pages

 

The Online Services may contain links to third-party websites and social media platforms. These Linked Sites are provided for your convenience, and DIVESHOLDING is not responsible for their content, policies, or actions. Your use of Linked Sites is at your own risk.

 

1.  Privacy

 

Your use of the Online Services is subject to DIVESHOLDING's Privacy Policy. By accessing and using the Online Services, you consent to the collection and use of your information as described in the Privacy Policy.

 

1.  Trademark Information and Ownership of Intellectual Property

 

The Online Services, Materials, and trademarks displayed on the Online Services are owned by or licensed to DIVESHOLDING. You may not use any of the Intellectual Property without prior written permission from DIVESHOLDING.

 

1.  Electronic Communications

 

By using the Online Services, you consent to receive communications from us electronically. All agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communication.

 

1.  Governing Law

 

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of United Arab Emirates, without regard to its conflict of laws principles. Any disputes arising from these Terms and Conditions or the use of the Online Services shall be subject to the exclusive jurisdiction of the courts located in Dubai/United Arab Emirates.

 

1.  Contact Us

 

If you have any questions, concerns, or requests regarding these Terms and Conditions or the Online Services, please contact us through the channels provided on the Online Services.

 

1.  Disclaimer of Warranty

 

THE ONLINE SERVICES, MATERIALS, AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DIVESHOLDING DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. DIVESHOLDING DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

 

1.  Limitation of Liability

 

IN NO EVENT SHALL DIVESHOLDING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES, MATERIALS, OR CONTENT, EVEN IF DIVESHOLDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DIVESHOLDING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO DIVESHOLDING FOR ACCESS TO THE ONLINE SERVICES.

 

1.  Indemnification

 

You agree to defend, indemnify, and hold harmless DIVESHOLDING, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees and court costs, arising out of or in connection with your use of the Online Services, your violation of these Terms and Conditions, or your violation of any rights of another person or entity.

 

1.  Severability

 

If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

 

1.  Entire Agreement

 

These Terms and Conditions constitute the entire agreement between you and DIVESHOLDING concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding the Online Services.

 

1.  Waiver

 

The failure of DIVESHOLDING to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision or right.

 

1.  Assignment

 

You may not assign or transfer these Terms and Conditions, in whole or in part, without the prior written consent of DIVESHOLDING. DIVESHOLDING may freely assign or transfer these Terms and Conditions without restriction.

 

1.  Survival

 

The provisions of these Terms and Conditions that, by their nature, should survive termination or expiration shall survive any termination or expiration of these Terms and Conditions.

 

1.  Headings

 

The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of the provisions.

 

1.  Acknowledgment

 

By using the Online Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

 

1. Contact Information

 

If you have any questions, concerns, or inquiries about these Terms and Conditions or the Online Services, please contact us at the contact information provided on the Online Services.

 

Last Updated: 01.08.2023