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Terms & Conditions

Terms & Conditions

Terms of Service for www.ub-cool.com

Introduction

Welcome to www.ub-cool.com. This website is owned and operated by UB COOL DMCC. By visiting the website of UBCOOL and accessing the information, resources, services, products, and tools UBCOOL provides, User understand and agree to accept and adhere to the following terms and conditions as stated hereunder (hereafter referred to as 'User Agreement').

This User Agreement incorporates the terms and conditions for UB Cool DMCC and its affiliate companies ("UBCOOL") to provide services to the person (s) (the "User") visiting UBCOOL website and accessing the information, resources, services, products, and tools UBCOOL provides  and/or the User intending to purchase or inquire for purchasing any products and/or services (the “Resources”) through UBCOOL’s website (www.ub-cool.com and its affiliates and partners’ websites) (the “Website”) or using any other customer/user/supplier interface channels of UBCOOL which includes its sales persons, offices, call centers, advertisements, information campaigns etc.

USER'S RESPONSIBILITY OF COGNIZANCE OF THIS USER AGREEMENT

The Users availing, using or accessing the Resources from UBCOOL shall be deemed to have

read, understood and expressly accepted the terms and conditions of this User Agreement, which

shall govern the desired transaction or provision of Resources by UBCOOL for all purposes, and

shall be binding on the User. All rights and liabilities of the User and/or UBCOOL with respect

to any Resources to be provided by UBCOOL shall be restricted to the scope of this User

Agreement.

UBCOOL reserves the right, in its sole discretion, to terminate the access to any or all UBCOOL

Websites or its other sales channels and the related services or any portion thereof at any time,

without notice, for general maintenance or any reason whatsoever.

In addition to this User Agreement, there may be certain terms of service (TOS) specific to the

services rendered by UBCOOL. Such TOS will be provided/ updated by UBCOOL which shall

be deemed to be part of this User Agreement and in the event of a conflict between such TOS

and this User Agreement, the terms of this User Agreement shall prevail. The User shall be

required to read and accept the relevant TOS for the service availed by the User.

Additionally, there may be certain rules, regulations, policies, laws and/or guidelines that govern

particular features, or the operating rules and policies applicable to each Resources (for example,

flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance

with rules, regulations, policies, laws and/or guidelines that govern particular features, or the

operating rules and policies applicable to the Resources.

UBCOOL's Resources are offered to the User conditioned on acceptance without modification of

all the terms, conditions and notices contained in this User Agreement and the TOS, as may be

applicable from time to time. For the removal of doubts, it is clarified that use of the Resources

by the User constitutes an acknowledgement and acceptance by the User of this User Agreement

and the TOS, as may be applicable from time to time, with free consent and without any kind of

pressure or influence whatsoever. If the User does not agree with any part of such terms,

conditions and notices, the User must not avail or use or access UBCOOL's Resources.

In the event that any of the terms, conditions, and notices contained herein conflict with any

additional terms or other terms and guidelines contained within any other UBCOOL document,

then these terms shall control.

We reserve the right to change this User Agreement from time to time without notice. You

acknowledge and agree that it is  responsibility of the User to review this User Agreement

periodically to familiarize  with any modifications. The User’s  continued use of the Resources

after such modifications will constitute acknowledgment and agreement of the modified terms

and conditions.

RESPONSIBLE USE AND CONDUCT

By visiting the Website and availing, using or accessing the Resources, the User agrees to use

these Resources only for the purposes intended as permitted by (a) the terms of this User

Agreement, and (b) applicable laws, regulations and generally accepted online practices or

guidelines.

Wherein, the User understands, acknowledges and agrees that:

a. In order to avail or use or access the UBCOOL Resources, the User may be required to

provide certain information about the User (such as identification, contact details, etc.) as part of

the registration process, or as part of  the ability of the User to use the Resources. The User

agrees that any information  provided by the User will always be accurate, correct, and up to

date;

b. The User shall be responsible for maintaining the confidentiality of any login information

associated with any account the User use to access the Resources. Accordingly, User shall be

responsible for all activities that occur under the account/s of the User;

c. By availing or using or accessing the Resources, the User authorizes UBCOOL and UBCOOL

agents to access third party sites, including that of banks and other payment gateways, designated

by them or on their behalf for retrieving requested information. The User is fully responsible for

all activities that occur while using the login information or the Website. It is the duty of the

User to notify UBCOOL immediately in writing of any unauthorized use of the login information

or any other breach of security. UBCOOL shall not be liable in any event for any loss that may

be incurred by the User as a result of unauthorized use of the login information or the Website or

the Resources, either with or without his knowledge. The User shall not use anyone else's

password at any time;

d. Accessing (or attempting to access) any of the Resources by any means other than through the

means UBCOOL provides, is strictly prohibited. The User specifically agree not to access (or

attempt to access) any of the Resources through any automated, unethical or unconventional

means;

e. Engaging in any activity that disrupts or interferes with UBCOOL Resources, including the

servers and/or networks to which UBCOOL Resources are located or connected, is strictly

prohibited;

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell UBCOOL Resources is strictly

prohibited

f. The User shall be solely responsible for any consequences, losses, or damages that UBCOOL

may directly or indirectly incur or suffer due to any unauthorized activities conducted by the

User, including as explained above, and may incur criminal or civil liability;

g. UBCOOL is responsible only for the transactions that are done by the User through

UBCOOL. UBCOOL is not responsible for screening, censoring or otherwise controlling

transactions, including whether the transaction is legal and valid as per the applicable laws;

h. The User warrants that the User will abide by all such additional procedures and guidelines, as

modified from time to time, in connection with the the Resources. The User further warrants that

the User shall comply with all applicable laws and regulations regarding the Resources;

i. The User represent and confirm that the User is of legal age to enter into a binding contract and

is not a person barred from availing the Resources under the applicable law or by any other law,

rule or authority;

j. UBCOOL may send booking confirmation, itinerary information, cancellation, payment

confirmation, refund status, schedule change or any such other information relevant for the

Resources, via SMS or by voice call on the contact number given by the User at the time of

booking; UBCOOL may also contact the User by voice call, SMS or email in case the User

couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of

the User for concluding the booking and also to help the User for the same. The User hereby

unconditionally consents that such communications via SMS and/ or voice call by UBCOOL is

(a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited

commercial communication’ as per any applicable guidelines under any jurisdiction and (c) in

compliance with the relevant guidelines applicable on UBCOOL or the User or the User

availing, using or accessing the Resources under any jurisdiction. The User will indemnify

UBCOOL against all types of losses and damages incurred by UBCOOL due to any action taken

by any authority due to any erroneous compliant raised by the User on UBCOOL with respect to

the intimations mentioned above or due to a wrong number or email id being provided by the

User for any reason whatsoever;

k. UBCOOL may provide various open communication tools on the Website, such as blog

comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and

reviews, various social media services, etc. The User understands that generally UBCOOL do

not pre-screen or monitor the content posted by users of these various communication tools,

which means that if the User choose to use these tools to submit any type of content to the

Website, then it will be personal responsibility of the User to use these tools in a responsible and

ethical manner. By posting information or otherwise using any open communication tools as

mentioned, the User agree that the User will not upload, post, share, or otherwise distribute any

content that:

1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent,

deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit

language;

2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of

any party;

3. contains any type of unauthorized or unsolicited advertising;

4. Impersonates any person or entity, including any www.ub-cool.com employees or

representatives;

l. UBCOOL have the right at its sole discretion to remove any content that, UBCOOL feel in its

judgment does not comply with this User Agreement, along with any content that it may feel is

otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or

trademarks. UBCOOL shall not be responsible for any delay or failure in removing such content.

If UBCOOL chooses to remove any content posted by the User, User hereby consent to such

removal, and further consent to waive any claim against UBCOOL;

m. UBCOOL does not assume any liability for any content posted by the User or any other 3rd

party users of the Website. However, any content posted by the User using any open

communication tools on the Website, provided that it doesn't violate or infringe on any 3rd party

copyrights or trademarks, becomes the property of UBCOOL, and as such, gives UBCOOL a

perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt,

translate, publish, publicly display and/or distribute as UBCOOL deem fit. This only refers and

applies to content posted via open communication tools as described, and does not refer to

information that is provided as part of the registration process, necessary in order to use the

Resources;

i. The User agrees to indemnify and hold harmless UBCOOL and its parent company and

affiliates, and its and their directors, officers, managers, employees, donors, agents, and

licensors, from and against all losses, expenses, damages and costs, including reasonable

attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any

obligations relating to the account of the User whether incurred by the User or any other person

using the account of the User. UBCOOL reserves the right to take over the exclusive defense of

any claim for which UBCOOL is entitled to indemnification under this User Agreement. In such

event, the User shall provide UBCOOL with such cooperation as is reasonably requested by

UBCOOL;

ADVERTISERS ON THE WEBSITES OR LINKED WEBSITES

UBCOOL shall not be responsible for any errors, omissions or representations on any of its

pages or on any links or on any of the linked website pages. We do not endorse any advertiser on

the Website or webpages in any manner. The Users are requested to verify the accuracy of all

information on their own before undertaking any reliance on such information.

The linked sites are not under the control of UBCOOL and UBCOOL is not responsible for the

contents of any linked site or any link contained in a linked site, or any changes or updates to

such sites. UBCOOL is providing these links to the Users only as a convenience and the

inclusion of any link does not imply endorsement of the site by UBCOOL.

INSURANCE

Unless explicitly provided by UBCOOL in any specific service or deliverable, obtaining

sufficient insurance coverage is the obligation/option of the User and UBCOOL doesn't accept

any claims arising out of such scenarios.

Insurance, if any provided as a part of the Resource/service/ product by UBCOOL shall be as per

the terms and conditions of the insuring company. The User shall contact the insurance company

directly for any claims or disputes and UBCOOL shall not provide any express or implied

undertakings for acceptance of the claims by the insurance company.

FORCE MAJEURE

The User agrees that there can be exceptional circumstances where the service operators like the

airlines, hotels, the respective transportation providers or concerns may be unable to honor the

confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency,

business exigencies, government decisions, operational and technical issues, route and flight

cancellations etc. If UBCOOL is informed in advance of such situations where dishonor of

bookings may happen, it will make its best efforts to provide similar alternative to the User or

refund the booking amount after reasonable service charges, if supported and refunded by that

respective service operators. The User agrees that UBCOOL being an agent for facilitating the

booking services shall not be responsible for any such circumstances and the User have to

contact that service provider directly for any further resolutions and refunds.

The User agrees that in situations due to any technical or other failure in UBCOOL, services

committed earlier may not be provided or may involve substantial modification. In such cases,

UBCOOL shall refund the entire amount received from the User for availing such services minus

the applicable cancellation, refund or other charges, which shall completely discharge any and all

liabilities of UBCOOL against such non-provision of services or deficiencies. Additional

liabilities, if any, shall be borne by the User.

UBCOOL shall not be liable for delays or inabilities in performance or nonperformance in whole

or in part of its obligations due to any causes that are not due to its acts or omissions and are

beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government,

acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters

end. In such event, the User affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of UBCOOL

arising under any circumstances, in respect of any Resources or services offered on the Website,

shall be limited to the refund of total amount received from the User for availing the Resources

or services less any cancellation, refund or others charges, as may be applicable. In no case the

liability shall include any loss, damage or additional expense whatsoever beyond the amount

charged by UBCOOL for its Resources or services.

In no event shall UBCOOL and/or its suppliers be liable for any direct, indirect, punitive,

incidental, special, consequential damages or any damages whatsoever including, without

limitation, damages for loss of use, data or profits, arising out of or in any way connected with

the use or performance of the UBCOOL Website(s) or any other channel . Neither shall

UBCOOL be responsible for the delay or inability to use the Websites or related services, the

provision of or failure to provide services, or for any information, software, products, services

and related graphics obtained through the UBCOOL Website(s), or otherwise arising out of the

use of the Website(s), whether based on contract, tort, negligence, strict liability or otherwise.

UBCOOL is not responsible for any errors, omissions or representations on any of its pages or

on any links or on any of the linked website pages.

PROPRIETARY RIGHTS

UBCOOL may provide the User with contents such as sound, photographs, graphics, video or

other material contained in sponsor advertisements or information. This material may be

protected by copyrights, trademarks, or other intellectual property rights and laws.

The User may use this material only as expressly authorized by UBCOOL and shall not copy,

transmit or create derivative works of such material without express authorization.

The User acknowledges and agrees that the User shall not upload post, reproduce, or distribute

any content on or through the Resources that is protected by copyright or other proprietary right

of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must

contain the appropriate copyright or other proprietary rights notice. The unauthorized submission

or distribution of copyrighted or other proprietary content is illegal and could subject the User to

personal liability or criminal prosecution.

VISA OBLIGATIONS OF THE USER

The travel bookings done by UBCOOL are subject to the applicable requirements of Visa which

are to be obtained by the individual traveller / User. UBCOOL is not responsible for any issues,

including inability to travel, arising out of such Visa requirements and is also not liable to refund

for the untraveled bookings due to any such reason.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the UBCOOL services are for the User's personal and non -

commercial use. The User may not modify, copy, distribute, transmit, display, perform,

reproduce, publish, license, create derivative works from, transfer, or sell any information,

software, products or services obtained from the UBCOOL Website(s) without the express

written approval from UBCOOL.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless UBCOOL and/or its affiliates, their

Websites and their respective lawful successors and assigns from and against any and all losses,

liabilities, claims, damages, costs and expenses (including reasonable legal fees and

disbursements in connection therewith and interest chargeable thereon) asserted against or

incurred by UBCOOL and/or its affiliates, partner websites and their respective lawful

successors and assigns that arise out of, result from, or may be payable by virtue of, any breach

or non-performance of any representation, warranty, covenant or agreement made or obligation

to be performed by the User pursuant to this User Agreement.

The User shall be solely and exclusively liable for any breach of any country specific rules and

regulations or general code of conduct and UBCOOL cannot be held responsible for the same.

RIGHT TO REFUSE

UBCOOL at its sole discretion reserves the right to not to accept any order from the User

without assigning any reason thereof. Any contract to provide any service by UBCOOL is not

complete until full money towards the service is received from the User and accepted by

UBCOOL.

Without prejudice to the other remedies available to UBCOOL under this agreement, the TOS or

under applicable law, UBCOOL may limit the User's activity, or end the User's listing, warn

other users of the User's actions, immediately temporarily/indefinitely suspend or terminate the

User's registration, and/or refuse to provide the User with access to the Website if:

ï‚· The User is in breach of this User Agreement, the TOS and/or the documents it

incorporates by reference;

ï‚· UBCOOL is unable to verify or authenticate any information provided by the User; or

ï‚· UBCOOL believes that the User's actions may infringe on any third party rights or breach

any applicable law or otherwise result in any liability for the User, other users of the

Website and/or UBCOOL.

UBCOOL may at any time in its sole discretion reinstate suspended Users. Once the User have

been indefinitely suspended the User shall not register or attempt to register with UBCOOL or

use the Website in any manner whatsoever until such time that the User is reinstated by

UBCOOL.

Notwithstanding the foregoing, if the User breaches this User Agreement, the TOS or the

documents it incorporates by reference, UBCOOL reserves the right to recover any amounts due

and owing by the User to UBCOOL and/or the service provider and to take strict legal action as

UBCOOL deems necessary.

RIGHT TO CANCELLATION BY UBCOOL IN CASE OF INVALID INFROMATION FROM

USER

The User expressly undertakes to provide to UBCOOL only correct and valid information while

availing, using or accessing any Resources under this User Agreement, and not to make any

misrepresentation of facts at all. Any default on part of the User would vitiate this User

Agreement and shall disentitle the User from availing the services from UBCOOL.

In case UBCOOL discovers or has reasons to believe at any time during or after availing, using

or accessing the Resources by the User that the same is either unauthorized or the information

provided by the User or any of them is not correct or that any fact has been misrepresented by

the User, UBCOOL in its sole discretion shall have the unrestricted right to take any steps

against the User(s), including cancellation of the bookings, etc. without any prior intimation to

the User. In such an event, UBCOOL shall not be responsible or liable for any loss or damage

that may be caused to the User as a consequence of such cancellation of booking or services or

Resources.

The User unequivocally indemnifies UBCOOL of any such claim or liability and shall not hold

UBCOOL responsible for any loss or damage arising out of measures taken by UBCOOL for

safeguarding its own interest and that of its genuine users. This would also include UBCOOL

denying/cancelling any bookings on account of suspected fraud transactions.

INTERPRETATION NUMBER AND GENDER

The terms and conditions herein shall apply equally to both the singular and plural form of the

terms defined. Whenever the context may require, any pronoun shall include the corresponding

masculine, feminine and neuter form. The words "include", "includes" and "including" shall be

deemed to be followed by the phrase "without limitation". Unless the context otherwise requires,

the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this User

Agreement as a whole.

SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable in whole or in

part, such invalidity or unenforceability shall attach only to such provision or part of such

provision and the remaining part of such provision and all other provisions of this User

Agreement shall continue to be in full force and effect.

HEADINGS

The headings and subheadings herein are included for convenience and identification only and

are not intended to describe, interpret, define or limit the scope, extent or intent of this User

Agreement, terms and conditions, notices, or the right to use the Website by the User contained

herein or any other section or pages of Website or its partner websites or any provision hereof in

any manner whatsoever.

In the event that any of the terms, conditions, and notices contained herein conflict with the

additional terms or other terms and guidelines contained within any particular UBCOOL

website, then these terms shall control.

RELATIONSHIP

None of the provisions of any agreement, terms and conditions, notices, or the right to use this

Website by the User contained herein or any other section or pages of Website or its partner

websites, shall be deemed to constitute a partnership between the User and UBCOOL or shall be

deemed to be the agent of the other in any way.

UPDATION OF THE INFORMATION BY UBCOOL

User acknowledges that UBCOOL provides services with reasonable diligence and care. It

endeavors its best to ensure that User does not face any inconvenience. However, at some times,

the information, software, products, and services included in or available through the Website or

other sales channels and ad materials may include inaccuracies or typographical errors which

will be immediately corrected as soon as UBCOOL notices them. Changes are/may be

periodically made/added to the information provided such. UBCOOL may make improvements

and/or changes in the Website at any time without any notice to the User. Any advice received

except through an authorized representative of UBCOOL via the Website should not be relied

upon for any decisions.

MODIFICATION OF THESE TERMS OF USE

UBCOOL reserves the right to change the terms, conditions, and notices under which the

Websites are offered, including but not limited to the charges. The User is responsible for

regularly reviewing these terms and conditions.

LIMITATION OF WARRANTIES

By using Website, the User understands and agrees that all Resources provided are "as is" and

"as available". This means that UBCOOL does not represent or warrant to the User that: i) the

use of the Resources will meet needs or requirements of the User, ii) the use of the Resources

will be uninterrupted, timely, secure or free from errors, iii) the information obtained by using

the Resources will be accurate or reliable, and iv) any defects in the operation or functionality of

any Resources will be repaired or corrected.

 

Furthermore, the User understands and agrees that any content downloaded or otherwise

obtained while availing, using or accessing the Resources is done at discretion and risk of the

User, and that the User shall be solely responsible for any damage to computer or other devices

of the User for any loss of data or otherwise that may result from the download of such content

and no information or advice, whether expressed, implied, oral or written, obtained by the User

from UBCOOL or while availing, using or accessing the Resources, shall create any warranty,

guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

 

In conjunction with the Limitation of Warranties as explained above, the User expressly

understands and agrees that any claim against UBCOOL shall be limited to the amount  paid by

the User, if any, for using of the Resources. UBCOOL  will not be liable for any direct, indirect,

incidental, consequential or exemplary loss or damages which may be incurred by the User in

any event whatsoever including as a result of availing, using or accessing the Resources, or as a

result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full

extent that applicable limitation of liability laws apply.

 

TERMINATION OF USE

 You agree that UBCOOL may, at its sole discretion, suspend or terminate  access of the User to

all or part of our website and Resources with or without notice and for any reason, including,

without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive

activity may be grounds for terminating  relationship with the User and may be referred to

appropriate law enforcement authorities. Upon suspension or termination,  right of the User to

use the Resources will immediately cease, and UBCOOL reserves the right to remove or delete

any information that the User may have on filed with UBCOOL, including any account or login

information.

 

GOVERNING LAW

 

By accessing the Website or availing, using or accessing the Resources, the User hereby

unconditionally agrees that the statutes and laws of Dubai, without regard to the conflict of laws

and the United Nations Convention on the International Sales of Goods, will apply to all matters

relating to the use of the Website and to the availing, using or accessing the Resources.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state

courts located in UAE, Dubai and the User hereby agrees to personal jurisdiction by such courts,

and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GUARANTEE

 

UNLESS OTHERWISE EXPRESSED, UBCOOL EXPRESSLY DISCLAIMS ALL

WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT.

Contact Information

 

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
UB COOL DMCC
Level 30, Swiss Tower, Cluster Y, Jumeirah Lake Towers
Dubai, Dubai PO Box 25299
UAE

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