PLEASE READ THESE T&Cs CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE OBUHI SITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE. IF YOU DO NOT AGREE TO ALL THE T&Cs, THEN YOU MAY NOT ACCESS AND USE THE OBUHI SITES AND SERVICES.
Obuhi (hereinafter referred to as “Obuhi”, “we”, “us”, “our” or “ours”) is a company incorporated in Dubai, United Arab Emirates, with company registration number 1515 (DWC), and with its registered office at Dubai World Central/Dubai South. You agree that, by registering, accessing or using our Services and the Sites (as defined below), you are entering into a legally binding contract (“User Agreement”) with Obuhi. If you do not agree with this User Agreement, do not register, access or otherwise use the Sites or the Services. If you wish to terminate this User Agreement, at any time you can do so as provided in these T&Cs.
1. Defined Terms
These Defined Terms will have the same meaning if they appear in the singular, plural, masculine or feminine or as the context requires.
2. Eligibility to Register and to Use the Sites and Services. To register and to use the Sites and Services, you agree that you meet and will meet at any time all conditions in this Section 2.
4. Account and Registration In order to look for, or to advertise, a Job or a Provider, you must register and create an Account with Obuhi. This is done directly on the Obuhi’s website (www.obuhi.com). It is also possible to register with Obuhi using login information with other third party social networking sites including, but not limited to Facebook. If you use Facebook or other third-party social networking sites you warrant that you are entitled to disclose to Obuhi your third party login information without breach of the terms and conditions of the third party site. By granting Obuhi access to your third party account, you acknowledge that Obuhi will access certain information and may store and use this information, in accordance with our Privacy (and Data Use) Policy. When you create an Account with Obuhi, we ask you to provide information about yourself (including a mobile phone number), and will treat such information in accordance with our Privacy (and Data Use) Policy. You warrant that the information you provide is true, that it relates to you and is entirely accurate. We may, at our sole discretion, take steps to validate any identification or other information you provide to Obuhi. We may use third party agencies to undertake this validation, and, in accepting these T&Cs, you accept Obuhi may take such steps to confirm your identity and other details you provide. Obuhi however has no obligation to screen, preview, monitor or approve any User Content on the Sites and Services. Users are solely responsible for taking appropriate safety precautions in connection with their use of the Services or a Job. We may reject the creation of an Account at our absolute discretion.
5. Liability to the extent permitted under law (and unless Obuhi has entered into a separate written agreement that overrides this user agreement), Obuhi (and those that Obuhi works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content). In no event shall the liability of Obuhi (and those that Obuhi works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) [us $1000]. This limitation of liability is part of the basis of the bargain between you and Obuhi and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Obuhi or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
6. No warranty to the extent allowed under law, Obuhi (a) disclaims all implied warranties and representations with respect to Obuhi content or user content (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) does not guarantee that the Obuhi services will function without interruption or errors, and (c) provides the Obuhi services (including content and information) on an “as is” and “as available” basis. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
7. Third Parties and Assigns You may not authorise others to use your account and you may not assign or transfer your account to any other person or entity. This User Agreement does not create any third-party rights. All of our rights and obligations under these T&Cs are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Termination You may cancel your Obuhi Account at any time by giving us notice at admin@Obuhi.com. We may terminate your Obuhi Account and this User Agreement at any time at our own discretion with notice to you. Upon termination, you will lose the rights to access the Sites and Services. Even after termination, Obuhi will maintain the right to use and disclose your User content. Sections 1 (Defined Terms), 5 (Liability), 6 (No Warranty), 8 (Termination), 11 (Governing Law & Jurisdiction), and 12 (General Terms) of these T&Cs [as well as the Privacy (and Data Use) Policy and the IP Policy] will continue to apply after termination of the User Agreement.
9. Reporting Misconduct If you engage with another User who you feel has acted in an inappropriate way towards you, including but not limited to offensive, violent or sexually inappropriate behaviour you should immediately make a report to the appropriate authorities and then to Obuhi at admin@Obuhi.com. Providers and Customers receiving repeated negative reports may be removed from the community.
10. Trademarks and Copyright The Obuhi logo is a registered trademark. Obuhi respects trademark and copyright law and we expect our Users to do the same.
11. Governing Law & Jurisdiction You agree that the laws of Dubai shall govern this User Agreement, and to submit to the exclusive jurisdiction of the Dubai courts. For the avoidance of doubt, Obuhi is not responsible for, and will not adjudicate on, any disputes which may arise between a Customer and a Provider.
12. General Terms To the extent allowed by law, the English language version of this User Agreement is binding and other translations are for convenience only. This User Agreement is the only agreement between Obuhi and its Users regarding the Services. No waiver should be implied in case of any failure or delay by Obuhi to enforce of any of its rights under the T&Cs or this User Agreement.