1. Introduction
1.1. Terms of use apply to each and every user (hereinafter ‘the User’) of this Website www.colinturnsme.com(hereinafter ‘the Website’). By accessing, viewing and/or using the Website, or by submitting any details to the Company, the User agrees to have read and accepted these Terms and Conditions and agrees to be bound by the same. The Website is designed as an online window where users can look up and search for information related to services offered by CGT Middle East.
The Company reserves the right to, from time to time, amend, revise or modify these Terms & Conditions, other policies guidelines and other rules applicable to the Website, which changes will become effective when posted on the Website.
2. General Conditions
2.1. Use of the Website is at the sole discretion and risk of the Users. The Company assumes no liability that may arise in connection with the use of the Website by its Users. The Users agree to defend, indemnify, and hold harmless the Website, the Company, its officers, directors, shareholders, employees, agents and independent contractors from and against any and all claims, actions, losses, liabilities, expenses, costs, or demands for all damages, directly, indirectly, and/or consequentially resulting or allegedly resulting from use, misuse, or inability to use the Website.
2.2 Reproduction of this Website and materials displayed thereon (hereinafter ‘Material’) is prohibited other than in accordance with the copyright clause (Article eight) below, which forms part of these Terms and Conditions.
3. Feedback from Users and Liability arising therefrom
3.1 All comments, feedback, information, and any and all materials submitted to the Company through or in association with the Website (hereinafter ‘Feedback’) shall be considered non-confidential (except as provided with respect to particular personal information in the Privacy Policy) and can be viewed, copied, used by third parties. By submitting such comments, information, feedback, or materials to the Company, the User agrees to have such comments, feedback, information or materials disclosed to third parties.
3.2 The Company accepts no obligation to monitor the use of the Website. The Company further does not participate in any communication with the Users of the Website. Therefore, the Company shall not be liable for any comments, feedback, information or materials submitted to the Company by Users through or in association with the Website.
3.3 Subject to Article 3.2 above, the Company reserves the right to disclose any information as required by law and/or to remove the User, to refuse to post or to edit any information or materials provided by the User, to block access of the User and to take such other action as may be reasonably necessary to prevent any breach of these Terms or of applicable law or regulation, or the Company’s internal policies.
4. Specific Responsibilities / Obligations of Users
The User agrees not to use the Website for any illegal or immoral purposes. Nor shall the User post on the Website or send to other Users or third parties messages with contents that violate laws and statues in any manner, such as but not limited to:
• Contents which are insulting or defamatory, regardless of whether said contents are directed at Company personnel, other companies, customers or other users.
• Contents and actions violating criminal law, promoting anti-constitutional organisations or displaying the insignia of such organisations; contents glorifying violence; racist, pornographic, or sexist contents; contents harmful to young persons, contents trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offences, gambling, insult or slander, defamation etc.;
5. Website Material and Liability arising therefrom
5.1 Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information or material create any contractual relationship. The Company gives no warranty and makes no representation, express or implied, whatsoever, including without limitation any implied warranty as to the accuracy, veracity, completeness, quality, merchantability, fitness for a particular purpose, of any Material on the Website, and it is the Users’ responsibility to investigate any Material prior to making any decision based on such Material. Therefore, the User shall be responsible for the selection of the services and/or recommendations from the Website and/or the Company, as well as for the results obtained from such selection, and the Company is free from any liability therefrom.
5.2 The Company is not an agent for the Information Providers, and the Company does not warranty whatsoever in their regard or in regard to any goods, services or products sold or otherwise provided by them.
5.3 The User acknowledges that the Website includes and provides contents provided by the Information Providers as well as links to Websites of third parties (altogether “Third-Party contents”). The Company shall not be liable for any such third-party contents.
5.4 In no event will the Company be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or, in connection with the Users access to, or use of the Website or the Material, whether based in contract, tort and whether negligent or otherwise, even if the Company has been advised of the possibility of such damages.
5.5 If the User finds contents offensive or objectionable or a breach of the User’s or any third-parties rights, or illegal in any other way, the User shall contact the Company through the email address cgt@colinturnsme.com). By sending an email, the Company may investigate the complaints and violations of its policies and may take any appropriate action, including, but not limited to issuing warnings, removing or blocking the content, or terminating accounts or subscriptions.
5.6 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation and liability for:
- Loss of income;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- Wasted management of office time.
and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6. Indemnity and Waiver
6.1 The User agrees to indemnify the Company and keep the Company indemnified as well as the Company’s successors and assigns, and the Company’s directors, officers, employees and agents (collectively the “Website Owner”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from the users use of the Website and the Material.
6.2 The User agrees to waive any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material.
6.3 The User shall indemnify and hold the Company harmless and not accountable for claims for breach of third-party rights for which the User is responsible, or any damage which is caused by a breach of any contractual obligation by the User. In particular, the User shall indemnify and hold the Company guiltless and not accountable for claims instituted by Information Providers and/or third parties arising from any act or omission of the User, including but not limited to a claim relating to Feedback provided by the User. In so far as such claims result in court proceedings, the User shall also bear the costs incurred by the Company, if any, as a result, in particular court and attorney costs.
7. Granting Rights to use
7.1. The User grants the Company all rights necessary with respect to Feedback and/or content to fulfil the purpose of this agreement. In particular the User grants the Company the royalty-free, perpetual, irrevocable, non-exclusive, universally transferable and fully sub-licensable rights to:
• Store Feedback and any contents (in particular images, videos, texts, etc.) uploaded or posted during the use of the Website and sub-sites in an electronic form.
• To amend, shorten, block or suspend access to and delete any Feedback and/or contents provided by the user.
7.2. With respect to the contents described above, the User hereby waives the exercise to all moral rights as far as legally possible, in particular with respect to infringements through changes to the contents made by the Company.
7.3. The User hereby warrants that with respect to all Feedback and any contents furnished by the User, the User is the holder of the corresponding intellectual property rights or is entitled to use or transfer rights of use (in particular for publications, reproduction, and dissemination) to the extent necessary and required under these general terms and conditions and during the course of the contents being used on the Website and its sub-sites.
8. Copyright
The Website and Material is the copyright of the Company, or its licensors. The User may download, store and use Material for his/her own personal use. The User may not republish, retransmit, redistribute or otherwise make material available to any other party or make the same available on any other Website, on-line service or bulletin board of his/her own or of any other party or make the same available in hard copy or on any other media without our express prior written consent. Without prejudice to the generality of the foregoing, the User may not in any manner make use of the Material for commercial purposes.
