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AGREEMENT TO OUR LEGAL TERMS


Last updated: March 15, 2024


We are HAPPY TOGETHER (FZE) ('Company', 'we', 'us', or 'our'), a company registered in the United Arab Emirates at Block C VL01-051 Sharjah Research, Technology and Innovation Park, Sharjah, Sharjah.


We operate the website https://happytogether.odoo.com/ (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').


These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and HAPPY TOGETHER (FZE), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.


Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.


The Services are intended for users who are at least 18 years old. Persons under the age of 18 must receive expressed consent from a parent or guardian to use or register for the Services.


We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS


1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. RETURN POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE
10. GUIDELINES FOR REVIEWS
11. THIRD-PARTY WEBSITES AND CONTENT 12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS

15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 25. MISCELLANEOUS
26. CONTACT US


1. OUR SERVICES


The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


2. INTELLECTUAL PROPERTY RIGHTS


Our intellectual property


We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').


Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.


The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.


Your use of our Services


Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:


access the Services; and download or print a copy of any portion of the Content to which you have properly gained access.


solely for your personal, non-commercial use or internal business purpose.


Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: happytogether.uae@gmail.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.


We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.


Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.


Your submissions and contributions


Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.


Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.


Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.


You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.


When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.


This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.


You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:


confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;


to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above- mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.


You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.


We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.


Copyright infringement


We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.


3. USER REPRESENTATIONS


By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).


4. USER REGISTRATION


You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


5. PURCHASES AND PAYMENT


We accept the following forms of payment:


- Stripe:  https://stripe.com/ae/privacy

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in AED.


You agree to pay all charges at the prices then in effect for your purchases, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.


We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.


6. RETURN POLICY


Please review our Return Policy posted on the Services prior to making any purchases.


7. PROHIBITED ACTIVITIES


You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.


As a user of the Services, you agree not to:


Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.


Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.


Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.


Use the Services in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorised framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.


Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user.


Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').


Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.


Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.


Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.


Use a buying agent or purchasing agent to make purchases on the Services. Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.


Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.


Use the Services to advertise or offer to sell goods and services.


8. USER GENERATED CONTRIBUTIONS


The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non- proprietary. 


When you create or make available any Contributions, you thereby represent and warrant that:


The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not  infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.


You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.


You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.


Your Contributions are not false, inaccurate, or misleading.


Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.


Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).


Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.


Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.


Your Contributions do not violate any applicable law, regulation, or rule.


Your Contributions do not violate the privacy or publicity rights of any third party.


Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.


Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.


Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.


Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.


9. CONTRIBUTION LICENCE


By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.


This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.


We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.


10. GUIDELINES FOR REVIEWS


We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.


We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non- exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.


11. THIRD-PARTY WEBSITES AND CONTENT


The Services may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third- Party Websites.


12. SERVICES MANAGEMENT


We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.


13. PRIVACY POLICY


We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Arab Emirates. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Arab Emirates, then through your continued use of the Services, you are transferring your data to the United Arab Emirates, and you expressly consent to have your data transferred to and processed in the United Arab Emirates.


14. COPYRIGHT INFRINGEMENTS


We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.


15. TERM AND TERMINATION


These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


16. MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.


We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.


17. GOVERNING LAW


These Legal Terms shall be governed by and defined following the laws of the United Arab Emirates. HAPPY TOGETHER (FZE) and yourself irrevocably consent that the courts of the United Arab Emirates shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.


18. DISPUTE RESOLUTION 


Informal Negotiations


To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration.


Such informal negotiations commence upon written notice from one Party to the other Party.


Binding Arbitration


Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Abu Dhabi, United Arab Emirates. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of the United Arab Emirates.


Restrictions


The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.


Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


19. CORRECTIONS


There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.


20. DISCLAIMER


THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY


BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


21. LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


22. INDEMNIFICATION


You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


23. USER DATA


We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.


25. MISCELLANEOUS


These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.


26. CONTACT US


In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:


HAPPY TOGETHER (FZE)
Block C VL01-051 Sharjah Research, Technology and Innovation Park Sharjah, Sharjah
United Arab Emirates
happytogether.uae@gmail.com




Participant Waiver/Release Form


RISK FACTORS: The undersigned (“Participant”) understands and acknowledges that the use of equipment or facilities and the participation in events and services provided by Happy Together and others as well as its affiliates, involves risks such as, but not limited to, personally bodily injury, which might result from the use of equipment or facilities, from the activity itself, from the acts of others, or from the unavailability of emergency or emergency medical care. 


NATURE OF THE ACTIVITIES.  Happy Together offers participants the opportunity to participate in a number of social activities, recreational sports, and physical activities, among other activities. The activities include, but are not limited to, cornhole, basketball, football, padel, all sports or games, Happy Hours, social activities, artistic activities, cultural activities, well-being activities and any other programs, events, and/or services provided by Happy Together or its associated entities or partners.  Happy Together feels it is important that Participants know that sports and other physical activities conducted by Happy Together are active and vigorous and consequently involve risks of injury that are inherent to the activity. It is impossible to eliminate all risk and possibility of injury for Participants.  

ASSUMPTION OF RISK. THE PARTICIPANT ASSUMES ALL RISKS THAT ARISE OUT OF THE USE OF THE EQUIPMENT OR FACILITIES, THE ACTIVITY ITSELF, THE ACTS OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, including but not limited to, those RISK FACTORS described herein.


TYPES OF INJURIES.  Participants acknowledge that various types of injuries can occur in connection with the activities provided by Happy Together.  Such injuries include, but are not limited to, the following: Minor Injury, this type includes, but is not limited to, muscle strains, sprains, bruises, abrasions, and contusions; Serious Injury, examples of which include broken bones, ligament and joint damage, concussions, and eye injury; Catastrophic Injury, this type includes, but is not limited to, brain injury, paralysis, heart attack, and death.  Even though the likelihood of the occurrence of a Catastrophic Injury is remote, Happy Together feels that Participants should be aware of all possibilities. 


ACKNOWLEDGMENT OF POLICIES AND PROCEDURES. The Participant acknowledges reading and knowing all of the policies and procedures relating to the activities, facilities, and/or equipment and understands that the safe and proper use of the facilities, equipment, or participation in the activity is dependent upon carefully following such policies and procedures. I certify that I am at least 18 years of age and agree to comply with any and all rules, regulations, terms and conditions for participation in the activity.


COMMUNITY GUIDELINES. Happy Together is about connecting with friends, making new ones and playing more often! Happy Together is on a mission to make fun possible through social sports leagues and special events.  At Happy Together we require that everyone abide by the golden rule, be nice.  We believe that fun is most possible in a safe and respectful environment.  Because of this, we reserve the right to remove a Participant from the Happy Together community at any time and for any reason.  A Participant may be removed, at Happy Together’s discretion, from a single event, for an entire season or for any amount of time we feel is appropriate.  In the event a Participant is removed longer than a single event, the Participant must first obtain written permission from Happy together prior to participating in, or attending, any future Happy together event. 


PREREQUISITE SKILLS AND TRAINING. The Participant acknowledges that they have the requisite skills, qualifications, physical abilities, and training necessary for proper and safe use of the equipment and facilities and to participate in the activity itself. The Participant agrees that if they have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facility, or to participate in the activity itself, then they shall direct such questions to the appropriate staff member on site.


RELEASE. The Participant releases Happy Together, its organizations, the officers, employees and agents of each and agrees NOT TO SUE them on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of the activity, including those based on death, bodily injury or property damage whether or not caused by the acts, omissions or other fault of the parties being released.


WAIVER. The Participant waives, today and for all future dates, the protection afforded by any statute or law in any jurisdiction including those in the area of United Arab Unis , Abu Dhabi or otherwise areas in which Happy Together (FZE) operates and whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. The Participant waives their right to a jury trial stemming from their participation in any Happy Together (FZE)  activity. This means, in part, that the Participant is releasing unknown future claims.


INDEMNIFY AND DEFEND. The Participant agrees to INDEMNIFY AND DEFEND Happy Together (FZE)  and its auxiliary organizations, the officers, employees and agents (hereinafter jointly referred to as "indemnitee") of each against, and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the activity or this agreement which include but are not limited to damages to or destruction of any property of the indemnitee, of any others, injury or death of the Participant or anyone else or any liability arising from the act or negligent act of the indemnitee, the Participant or anyone else.

PAY. The Participant agrees to pay for any or all damages to any property or indemnitee caused by the Participant either negligently, willfully, or otherwise.


REPRESENTATIVES. The Participant enters into this Agreement for himself/herself, his/her heirs, assigns and legal representatives.


EMERGENCY TREATMENT CONSENT. The Participant, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the Participant is unable to consent to such treatment.


INSURANCE. The Participant understands that Happy Together (FZE)  and its auxiliaries do not offer Participant insurance. The Participant is encouraged to have a physical examination and to purchase health insurance prior to any and all participation.


RELEASE FOR USE OF LIKENESS. Effective as of the date of player registration, approval for past use and permission for present and future use is being granted to Happy Together (FZE)  & Affiliates, to use a photo, video or other image of registering league or event participant. Permission is being given by the registering and Participant league participant as the photographed party. The Participant is an adult and fully authorized to sign this consent and release. The likeness of the photographed party may be used and/or published individually or in conjunction with other photography or video works and in any medium (including without limitation, print publications, online promotional materials) and for any lawful purpose including without limitation, trade, exhibition, illustration, promotion, publicity, advertising, and electronic publication.


TERM. This Waiver shall apply to the Participant for perpetuity, even in the event the Participant registers with Happy Together (FZE)  under a different name or participates in a future event without signing a waiver at the time of participation.

ACKNOWLEDGMENT. The Participant has read and understands this agreement and realizes it relates to surrendering valuable legal rights and does so freely and voluntarily. Participant intends for this Waiver to bring about a complete and unconditional release of all liability to the greatest extent allowable by law. 


AGREEMENT OF THESE TERMS IS EQUIVALENT TO A DIGITAL SIGNATURE ON A CONTRACT. 

SEVERABILITY. The Participant further expressly agrees that the foregoing Waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the jurisdiction in which the events occur and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.


ADDITIONAL SPONSOR CONSENT: CONSENT AND RELEASE AGREEMENT

From time to time, Happy Together (FZE) may work with corporate sponsors to provide Participants with new and exciting products and opportunities. 

As the sponsoring organization, “Sponsor” would like permission to use footage and Materials (as defined below) reflecting your participation in the programs in connection with various activities that Sponsor is involved in, including, for example, (i) informational and marketing materials concerning Sponsor and/or the programs, (ii) other projects in which Sponsor is or may become involved, (iii) on Sponsor’s website, (iv) on Sponsor’s social media efforts, whether made directly or through third parties, and (v) in materials related to the programs that Sponsor  may provide to you and to other program participants that may be shared by you and by such other participants on your and their respective social media platforms. 

Any Happy Together (FZE) event may be recorded for audio and/or videotaped and/or photographed.  By signing below, you understand that you are agreeing to the following terms:

For good and valuable consideration, including but not limited to your participation in the program, the receipt and sufficiency of which you hereby acknowledge:

You grant to Happy Together (FZE)  and its Sponsor, and its authorized representative, the right to record, film, photograph, tape and otherwise capture and reproduce, in any manner now known or hereinafter developed, your participation in the Happy Together (FZE) sponsored programs, along with the content contained therein, and further specifically grant Sponsor and/or, and its representatives, licensees and assigns, the right to use the Material (as defined below) alone and/or synthesized with information and excerpts from other sources, in connection with the Projects and/or otherwise as Sponsor and/or Happy Together (FZE) sees fit, including but not limited to advertisements and other commercial ventures. For purposes of this Consent and Release, Material shall mean the images for Happy Together (FZE) programs, program content, your voice and likeness as contained in the programs, and all biographical material provided by you or on your behalf, along with all images, names, likenesses and/or sound as captured on film, in photographs, on tape or otherwise in connection with your participation in Happy Together (FZE) programs. 

You agree that Sponsor and/or Happy Together (FZE) shall (i) own all right, title and interest in the Material, (and to the extent you have any rights in any Material, then for good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you hereby assign all of your rights in such Material to Sponsor and/or Happy Together (FZE), (ii) have the right to use the Material, in whole or in part, in any manner or media (whether now existing or created in the future), in perpetuity, in all languages, throughout the universe, as Sponsor and/or Happy Together (FZE) deem appropriate, and (iii) have the right to freely assign and/or license the Material. 

You agree Sponsor and/or Happy Together (FZE) is under no obligation to use or exhibit the Material in any manner.  To the extent permitted by law, you waive (i) the right to inspect or approve of any use of the Material, along with any rights, which are the equivalent to moral rights that you may have in the Material, (ii) any rights to injunctive relief you may have in connection with this Consent and Release and/or the Material, and (iii) the right to revoke this Release.

You agree that (i) no sum shall be due to you for execution of this Consent and Release, and (ii) Sponsor and/or Happy Together (FZE) shall not be obligated to pay you or any third party any sum whatsoever, in connection with any use of the Material.

To the fullest extent permitted by law, you agree not to sue, and irrevocably and unconditionally release, waive and forever discharge Sponsor and/or Happy Together (FZE) and each of their respective licensees, related companies, subsidiaries, divisions, and their past, present and future officers, agents, representatives, employees, successors and assigns, jointly and individually (collectively, "Releasees"), from any and all manner of liabilities, claims and demands of any kind or nature whatsoever (including but not limited to defamation and rights of publicity and privacy, and for damages for personal or bodily injury, disability, death, loss or damage to person or property), in law or equity, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, that you ever had, now have, or in the future may have against the Releasees that arise out of or relate to (i) the events and/or programs, (ii) the Materials and/or the production, reproduction, exhibition, broadcast, distribution, advertising, promotion or other exploitation of the Materials (iii) the exercise of any rights granted hereunder. You further agree that in the event you breach this Agreement and/or bring a claim or lawsuit in violation of this Agreement, you shall be liable for any outside attorneys' fees and costs incurred by any Releasee in connection with such breach, claim or lawsuit.

You acknowledge and agree that the rights granted hereunder are unique, unusual, special and extraordinary, the loss of which would not be adequately compensable in damages in an action at law, and that, in addition to any rights or remedies which Sponsor and/or Happy Together (FZE) may have under this Consent and Release or otherwise, Sponsor and/or Happy Together (FZE) therefore would be entitled to all available equitable remedies in case of breach or threatened breach of this Consent and Release by you without the posting of any bond, to the greatest extent permitted by law.

You hereby acknowledge and agree that your relationship with Sponsor and/or Happy Together (FZE) under this Consent and Release is that of an independent contractor and not as an employee or agent of Sponsor and/or Happy Together (FZE) and that your participation in any event will not be covered by worker’s compensation insurance and Sponsor and/or Happy Together (FZE) is not obligated to provide worker’s compensation insurance.

You hereby acknowledge and agree that Sponsor and/or Happy Together (FZE)’s reputation and good will in the public is essential to its success. Therefore, you will not directly or indirectly do anything that disparages, defames, slanders or libels Sponsor and/or Happy Together (FZE), or any of its officers, owners, managers, affiliates, and/or representatives that is related in any way to the programs and/or events conducted by Happy Together (FZE).

This Consent and Release shall be governed by the laws and shall be binding on your legal representatives, heirs, and assigns and upon Sponsor and/or Happy Together (FZE) its successors, licensees and assigns.

You represent and warrant that (i) you are over the age of majority and have the right, power, and authority to grant the rights set forth in this Consent and Release, you understand the contents of this Consent and Release and intend to be legally bound hereby; (ii) if the participant is a minor, then the person signing this Agreement on behalf of the minor hereby represents and warrants that he/she is a legally competent adult and the parent or legally appointed guardian of the minor, and that he/she has every right to contract for the minor in the above regard.

You acknowledge and agree that you have read this Consent and Release Agreement, fully understand and agree to its terms, and understand that you are giving up substantial rights by signing it. You further acknowledge and agree that you are signing this Consent and Release Agreement freely and voluntarily, without any inducement, coercion, assurances, guarantees or warranties, expressed or implied, being made to you, and intend your signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

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REFUND POLICY

By registering with us you are agreeing to the following refund policies. Refunds are not available for any leagues, social events, practices, workshops, parties or outings. 

League rosters and workshops have limited space and last minute player cancellations hinder our ability to properly plan and organize our seasons. 

If an event is cancelled or postponed, you will be issued credits or receive the option to move to an alternate event of similar nature. 

If a league is cancelled due to lack of player registration or venue issues, players will be provided with alternate leagues to play instead. 

If you are unable to play in an alternate league, you will have the option for a full refund. However, if you fail to respond to the league cancellation email by the indicated deadline, you forfeit your refund and your registration fee will be converted into a league credit.  A player’s or team’s decision not to participate in a league they have registered for is not grounds for a refund. 

Refunds are not given if a player moves, change in work schedule, or any other non-league related changes. Participation in adult sports, even at the recreational level, may result in injury. 

Happy Together (FZE) does not refund attendees’ fees if they are injured. 

We always do our best to play all scheduled games and workshops. If games or workshops have to be postponed due to weather, facility issues, or any other reason, we will do our best to make the games up at the end of the season at the same location. 

In some cases the game location may be changed in order to make the games up. In the rare case we are unable to make-up postponed games, players will receive a prorated credit for those games. Games will be made up in the best possible form which may include, but not be limited to, multiple games in one night or games held on a non-league night of the week. 

Refunds will not be issued if a player is unable to attend the scheduled make up game. All requests must be submitted in writing to us.  

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