Last Updated: November 2019
PLEASE BE AWARE THAT SECTION 26 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND VAASARA TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
The VAASARA App allows you to create one (1) universal consumer profile that enables you to perform aggregated searches, then schedule and pay for beauty services offered by thousands of participating businesses and independent practitioners who subscribe to our online business management software (“Subscribers”).
The VAASARA App also enables you to synchronize any consumer accounts you have previously created with Subscribers, so that you may view your history of purchases and visits with those providers, use any current series, membership, gift card or account credits you may have with those providers, and to renew or purchase additional services.
To make credit or debit card purchases from Subscribers, you must complete the registration and open an account within the VAASARA App (“VAASARA App Account”). You do this by providing your first and last name and email address, completing your email verification, and associating one (1) or more valid credit or debit cards with that VAASARA App Account. You must provide accurate and up-to-date information. You are solely responsible for managing your VAASARA App Account. Your VAASARA App Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your VAASARA App Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your VAASARA App Account to engage in illegal or unethical activities.
We may provide you with the option to register through your Facebook account in future (“Facebook Account”). If you register for the VAASARA App through your Facebook account, you are allowing VAASARA to access your Facebook Account as permitted under the applicable terms and conditions that govern your use of your Facebook Account. You represent that you are entitled to disclose your Facebook Account login information to VAASARA and/or grant VAASARA access to your Facebook Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Facebook Account and without obligating VAASARA to pay any fees or making VAASARA subject to any usage limitations imposed by Facebook. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH FACEBOOK, AND VAASARA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY FACEBOOK IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR FACEBOOK ACCOUNT.
Vaasara FZ LLE maintains the https://www.vaasara.com/ Website ("Site").
The VAASARA App allows you to make payments by those methods accepted by Subscribers. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc. (collectively, the “Networks”). Please note that not all Subscribers accept all payment methods, including all card-based payment methods. The Networks accepted by each Subscriber are displayed in the VAASARA App. We are not a bank, and do not offer banking services. We also do not offer money service business services. You can associate with your VAASARA App Account any U.A.E.-issued and most non-U.A.E issued credit, debit, pre-paid, or gift cards with a Visa, MasterCard logo. Subscribers may update at any time the list of card types that they accept and you may associate with your VAASARA App Account. You may not associate Health Savings Account cards with your VAASARA App Account, even if they have a Visa, MasterCard, logo on them.
Visa or MasterCard debit and credit cards in AED will be accepted for payment
We will not trade with or provide any services to OFAC and sanctioned countries
By associating a payment card with your VAASARA App Account, searching for and reserving services in the VAASARA App, and agreeing to pay for those services within the VAASARA App, you are authorizing a charge to your payment card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the VAASARA App, you also authorize a credit to your payment card to accomplish that transaction.
Purchases you authorize through the VAASARA App may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by VAASARA or a Subscriber.
Cardholder must retain a copy of transaction recordsand Merchant policies and rules
User is responsible for maintaining the confidentialityof his account
Your VAASARA App Account permits you to make payments on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as “jailbreaking”, are not compatible mobile devices. You acknowledge that the use of a modified device to use the VAASARA App is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your VAASARA App Account. VAASARA does not warrant that the VAASARA App will be compatible with your mobile device or third party carrier.
Your use of the VAASARA App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
You acknowledge and agree that the availability of the VAASARA App is dependent on the third party from whom you received the VAASARA App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and VAASARA and not with the App Store. VAASARA, not the App Store, is solely responsible for the VAASARA App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the VAASARA App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the VAASARA App. You agree to comply with, and your license to use the VAASARA App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the VAASARA App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
The VAASARA App and your VAASARA App Account may only be used in a country or territory where current Subscribers exist and the laws of that country or territory permit its use. You may not export the VAASARA App directly or indirectly, and you acknowledge that the VAASARA App may be subject to export restrictions imposed by U.A.E. law.
By creating a VAASARA App Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) credit counseling or repair agencies, (3) credit protection or identity theft protection services, (4) direct marketing or subscription offers or services, (5) infomercial sales, (6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (7) multi-level marketing businesses, (8) inbound or outbound telemarketers, (9) prepaid phone cards or phone services, (10) rebate based businesses, (11) upsell merchants, (12) bill payment services, (13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (14) financial institutions offering manual or automated cash disbursements, (15) financial institutions offering merchandise and services, (16) sales of money orders or foreign currency by non-financial institutions, (17) wire transfer money orders, (18) high-risk merchants, including telemarketing merchants, (19) service station merchants, (20) automated fuel dispensers, (21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (22) internet/mail order/telephone order firearm or weapon sales, (23) internet/mail order/telephone order cigarette or tobacco sales, (24) drug paraphernalia, (25) hate products, (26) escort services, and/or (27) bankruptcy attorneys.
Subscribers may choose to offer loyalty programs to reward their customers. These loyalty programs may be linked to your VAASARA App Account. Any such loyalty programs and any rewards associated with them are offered by the Subscriber alone (and not by VAASARA). Should you have questions about any Subscriber loyalty program, please ask the Subscriber for more information about the program, including any applicable terms and conditions. Rewards associated with Subscriber loyalty programs have no cash value, and Subscriber may choose to discontinue its loyalty program(s) at any time.
VAASARA may, from time to time, offer text message programs, including one-time texts and subscription text services, where VAASARA or a Subscribers texts you for alerts, promotions and other purposes (“SMS Texting Services”). For more information on these services, please visit SMS Texting Terms and Conditions.
To the extent you use any feature of the VAASARA App that enables you to send text message to device holders and you elect to use the feature, you acknowledge that VAASARA only provides a platform for you to send text messages through the VAASARA App and has no responsibility or liability for any such text messages or related message content. Your responsibilities as set forth in this Agreement will remain your sole responsibility and liability even if VAASARA offers advice or guidance regarding the text messages you transmit.
We may decide not to process a transaction if we believe that the transaction is in violation of any VAASARA agreement or exposes you, other VAASARA users, our partners, including any Subscribers, or VAASARA to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your VAASARA App Account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your VAASARA App Account, and/or any of your transactions with law enforcement.
You understand and agree that VAASARA is not responsible for the goods and services that you purchase through the VAASARA App and you are responsible to do your own diligence and reviews prior to purchasing any goods or services. These third-party merchants, and not VAASARA, are responsible for customer service related to those goods and services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The Networks and/or other entity issuing your payment card, and not VAASARA, is responsible for customer service related to your payment card.
You acknowledge and agree that VAASARA may provide disclosures and other notices required by law and other information about your VAASARA App Account to you electronically by posting them on the VAASARA App or by emailing the email address listed in your VAASARA App Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing VAASARA with your most current e-mail address. In the event that the last e-mail address you provided to VAASARA is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, VAASARA’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may terminate this Agreement at any time by closing your VAASARA App Account and ceasing to use the VAASARA App.
We may terminate this Agreement and close your VAASARA App Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (a) have violated the terms of this Agreement or any other agreement you have with VAASARA or VAASARA’s policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the VAASARA App.
If your VAASARA App Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the VAASARA App, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that VAASARA shall not be liable to you or any third party for termination of access to the VAASARA App, or for deletion of your information or account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the VAASARA App, or in connection with any termination or suspension of the VAASARA App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
Subject to your compliance with this Agreement, VAASARA hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the VAASARA App on a single mobile device that you own or control and to run such copy of the VAASARA App solely to find and reserve services and make purchases from Subscribers in accordance with this Agreement. You will not:
(a) modify, copy or create any derivative works based on the VAASARA App;
(b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the VAASARA App available to any third party;
(c) reverse engineer or decompile any portion of the VAASARA App;
(d) access or use (or allow a third party to access or use) the VAASARA App for competitive analysis or to build any competing products or services;
(e) copy any features, functions, integrations, interfaces or graphics of the VAASARA App;
(f) otherwise use or exploit the VAASARA App in any manner not expressly permitted by this Agreement.
Furthermore, with respect to any app accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You will be entitled to download updates to the VAASARA App, subject to any additional terms made known to you at that time, when VAASARA makes these updates available. You may be required to accept updates to the VAASARA App in order to continue to use the VAASARA App.
You may use the VAASARA App only to the extent that you obey all laws, rules, and regulations applicable to your use of the VAASARA App. While we want you to enjoy the VAASARA App, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any VAASARA system using any manual process or robot, spider, scraper, or other automated means; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from VAASARA; (iii) permit any third party to use or benefit from the VAASARA App via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the VAASARA App or any VAASARA service or product, work around, bypass, or circumvent any of the technical limitations of the VAASARA App, use any tool to enable features or functionalities that are otherwise disabled in the VAASARA App, or decompile, disassemble or otherwise reverse engineer the VAASARA App; (vi) perform or attempt to perform any actions that would interfere with the proper working of the VAASARA App, prevent access to or use of the VAASARA App by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the VAASARA App except as expressly permitted herein.
The VAASARA App is licensed and not sold. VAASARA reserves all rights not expressly granted to you in this Agreement. The VAASARA App is protected by copyright, trade secret and other intellectual property laws. VAASARA owns the title, copyright and other worldwide intellectual property rights in the VAASARA App and all copies of the VAASARA App. This Agreement does not grant you any rights to VAASARA’s trademarks or service marks.
You may choose to or we may invite you to submit comments or ideas about the VAASARA App, including without limitation about how to improve the VAASARA App or our other products (“Feedback”). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place VAASARA under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, VAASARA does not waive any rights to use similar or related ideas previously known to VAASARA or developed by its employees, or obtained from sources other than you. VAASARA has no obligation to review any Feedback nor to keep any Feedback confidential, and VAASARA may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
You agree to release, indemnify, defend, and hold harmless VAASARA and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “VAASARA Parties”) from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to: (a) any actual or alleged breach by you of this Agreement; (b) your access to or use of the VAASARA App; or (c) any actual or alleged violation by you of the intellectual property, privacy or other rights of third party. This provision does not require you to indemnify any of the VAASARA Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the VAASARA App.
VAASARA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with VAASARA in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
You are using the Vaasara Services at your own risk. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the quality or accuracy of the content within the Vaasara Services, and we assume no liability or responsibility for any errors or omissions in the content of the Vaasara Services or in respect of any other issue with such suppliers, goods, services or activities. We may make changes to the content or material in the Vaasara Services without any prior notice. We are not under any commitment to update any content or material within the Vaasara Services.
We reserve the right at all times to disclose any information that you may provide to us through the Vaasara Services, to our legal representatives and advisors and any governmental or federal authority in the United Arab Emirates without any prior notice or prior consent requirement. We shall not be held responsible or accountable to you or any third party relying on you and in this respect you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you through using this Vaasara Services or making purchases. We shall not be liable in respect of any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Vaasara Services or any third party links. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Vaasara Services. We do not provide any warranties, whether express or implied, to you through the use of the Vaasara Services.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the VAASARA App and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use the VAASARA App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the VAASARA App; and (f) your use of the VAASARA App will be in compliance with this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE VAASARA APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE VAASARA APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VAASARA APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VAASARA OR THROUGH THE VAASARA APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, VAASARA, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE VAASARA APP, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, OR RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE VAASARA APP, IS ACCURATE, RELIABLE OR CORRECT; THAT THE VAASARA APP WILL MEET YOUR REQUIREMENTS; THAT THE VAASARA APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE VAASARA APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT VAASARA IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE VAASARA APP’S INOPERABILITY, UNAVAILABLITY OR SECURITY VULBNERABLES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT DOWNLOADED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE VAASARA APP, INCLUIDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE VAASARA APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE VAASARA APP, OR THE CONTENT OR SERVICES MADE AVILABLE THROUGH THE VAASARA APP SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE VAASARA APP.
VAASARA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VAASARA APP OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VAASARA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAASARA, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE VAASARA APP. UNDER NO CIRCUMSTANCES WILL VAASARA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE VAASARA APP, YOUR VAASARA APP ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAASARA, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE VAASARA APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE VAASARA APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE VAASARA APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE VAASARA APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VAASARA, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING AED500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VAASARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
The VAASARA App is controlled and operated from facilities in the United Arab Emirates, and India. VAASARA makes no representations that the VAASARA App is appropriate or available for use in other locations. Those who access or use the VAASARA App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Arab Emirates and local laws and regulations, including but not limited to export and import regulations. You may not use the VAASARA App if you are a resident of a country embargoed by the United Arab Emirates, or are a foreign person or entity blocked or denied by the United Arab Emirates government. Unless otherwise explicitly stated, all materials found on the VAASARA App are solely directed to individuals, companies, or other entities located in the United Arab Emirates.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with VAASARA and limits the manner in which you can seek relief from us.
a. Applicability of Arbitration Agreement. If a dispute of any kind arises with a VAASARA Subscriber, you agree to resolve that dispute with the applicable VAASARA Subscriber. For any dispute that you have with VAASARA, we will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using the VAASARA APP, you agree that ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND VAASARA, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO THE PREVIOUS SENTENCE WILL BE RESOLVED by binding arbitration, rather than in court, except that (i) you or VAASARA may assert claims in small claims court if the claims qualify; and (ii) you or VAASARA may seek relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior to this version of this Agreement.
b. Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent TBA. The arbitration will be conducted by an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $25,000, not inclusive of attorneys’ fees and interest, shall be subject to the VAASARA appointed established alternative dispute resolution provider’s most current version of the Streamlined Arbitration Rules and procedures; all other claims shall be subject to the VAASARA appointed established alternative dispute resolution provider’s most current version of the Comprehensive Arbitration Rules and Procedures. If the VAASARA appointed established alternative dispute resolution provider is not available to arbitrate, the parties will select an alternative arbitral forum. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, VAASARA will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, VAASARA will pay the fees invoiced by the appointed established alternative dispute resolution provider, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
If you are a resident of the United Arab Emirates, arbitration may take place in the emirate where you reside at the time of filing. For individuals residing outside the United Arab Emirates, arbitration shall be initiated in the emirate of Dubai, United Arab Emirates. You and VAASARA further agree to submit to the personal jurisdiction of any federal or state court in the emirate of Dubai, UNITED ARAB EMIRATES in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the emirate where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator shall apply Dubai law consistent with the applicable UNITED ARAB EMIRATES Arbitration Act and shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and VAASARA. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d. Waiver of Jury Trial. YOU AND VAASARA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VAASARA are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 26(a), above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class Actions or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the emirate of Dubai. All other claims shall be arbitrated.
f. 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: VAASARA, Attention: VAASARA App Arbitration Opt Out, Creative Towers, P.O. Box 4422, Fujairah, UNITED ARAB EMIRATES or at firstname.lastname@example.org within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your VAASARA username (if any), the email address you used to set up your VAASARA App account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
g. Severability. Except as provided in subsection 26(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with VAASARA.
i. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if VAASARA makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: VAASARA, Attention: VAASARA App Arbitration Opt Out, Creative Towers, P.O. Box 4422, Fujairah, UNITED ARAB EMIRATES or at email@example.com. Modifications to this Arbitration Agreement will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Modification" is not enforceable or valid, then this subsection shall be severed from the Arbitration Agreement and the court or arbitrator shall apply the first Arbitration Agreement in existence after you began using the VAASARA App.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and VAASARA agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Dubai, UNITED ARAB EMIRATES.
This Agreement any action related thereto will be governed and interpreted by and under the laws of the emirate of Dubai, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
United Arab of Emirates is our country of domicile
Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues.
We may, in our sole discretion, change or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the VAASARA App. We will also update the “Last Updated” date at the top of this Agreement. Any use of the VAASARA App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. If you do not agree to any changes, you must stop using the VAASARA App, and you can terminate your VAASARA App Account by emailing firstname.lastname@example.org. It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by VAASARA without restriction. This Agreement is binding on the parties and their successors and permitted assigns.
Through the VAASARA App, you may be offered and given access to services, products and promotions provided by third parties and not by VAASARA (“Third Party Services”). If you decide to access or use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that VAASARA is not responsible for the performance of these services or the acts or omissions of the entities that provide them. The VAASARA App may contain links to third-party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by VAASARA. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement.
If you have any questions, complaints or claims with respect to the VAASARA App, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
The communications between you and VAASARA use electronic means, whether you visit the VAASARA App or send VAASARA e-mails, or whether VAASARA posts notices on the VAASARA App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from VAASARA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that VAASARA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release VAASARA and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the VAASARA App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the VAASARA App. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by VAASARA or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the VAASARA App.
Except as expressly provided in this Agreement, this Agreement a complete statement of the agreement between you and VAASARA, and describes the entire liability of VAASARA and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the VAASARA App. VAASARA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between this Agreement and any other VAASARA agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and VAASARA. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that VAASARA may have under trade secret, copyright, patent, or other laws. VAASARA’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 8, 10-14, 17, 20-32, 34, 35, 36 and 37.
VAASARA SMS Texting Terms and Conditions
Last Updated: December 16, 2018
1. Text messages initiated by VAASARA; and
2. Text messages initiated by VAASARA Subscribers using the VAASARA platform.
A. Frequency of Text Messages
After opt-in, you may receive an initial confirmation text message. After that, the specific amount of text messages may vary depending on how you use the VAASARA or VAASARA Subscriber services and the types of text messages you registered to receive. The number of text messages you receive may depend upon factors including how you use the VAASARA or VAASARA Subscriber services and whether you take steps to generate additional text messages (such as by sending a HELP request).
B. How to Opt Out
You may opt out of any SMS Texting Service you join at any time by replying “STOP”, “END”, or “QUIT” to any text message you have received through that particular SMS Texting Service. This process impacts only the future delivery of texts from that particular SMS Texting Service, so if you wish to unsubscribe from multiple services, you must send a similar message for each SMS Texting Service you have joined. Each time you opt-out, you agree to receive a text confirming that your opt-out choice has been recorded.
C. Fees; Mobile Carrier Charges
VAASARA does not charge for the SMS Texting Services, but message and data rates may apply. Please contact the applicable VAASARA Subscriber for information on fees or charges (if any) assessed by that VAASARA Subscriber. By providing your consent to participate in a SMS Texting Service, you approve any such charges from your mobile carrier. You represent that you are 13 years of age or older and the owner or authorized user of the mobile device associated with the telephone number you designate to receive messages from the applicable SMS Texting Service. You also represent that you are authorized to approve the applicable carrier charges.
You acknowledge and agree that the SMS Texting Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. Neither VAASARA nor VAASARA Subscribers will be liable for any delays in the receipt of any text messages, as delivery is subject to effective transmission from your network operator. The SMS Texting Services are provided on an AS IS basis. Neither VAASARA nor VAASARA Subscribers guarantee that your use of these services will be private or secure, and neither VAASARA nor VAASARA Subscribers will be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Texting Services.
E. Supported Carriers
Content is not available on all carriers and carrier participation could change. As of the Last Updated date above, the following carriers support text messages under the SMS Texting Services: Etisalat & Du. Neither VAASARA nor the mobile carriers (such as Du) are liable for delayed or undelivered messages.
We reserve the right to modify these SMS Texting Terms and Conditions, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in the SMS Texting Service shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
For assistance with the SMS Texting Services or to obtain additional information, you can text HELP to any text message you have received through that particular SMS Texting Service.
VAASARA Intellectual Property Policy
VAASARA respects the intellectual property rights of others, and we expect those who use our Services to do the same. This policy describes the process for submitting complaints concerning material on our Services.
This policy is subject to and forms a part of our Terms of Service. Capitalized terms that are not defined will have the meanings given to them in the Terms of Service.
Infringing someone else’s copyright is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your copyright. If you believe in good faith that any material available on the Services infringes your copyright, you (or your agent) may notify our designated Copyright Agent in writing at:
ATTN: VAASARA Copyright Agent
VAASARA, FZ LLE.
Creative Towers, P.O. Box 4422,
Fujairah, UNITED ARAB EMIRATES
or call us at
+971 (0) 4 552 2567
or email us at
To be effective, your notice must be in writing and must include the following:
1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyrighted work claimed to have been infringed.
2. An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works claimed to have been infringed.
3. Identification of the material on our Services that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Services.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may provide notice of alleged copyright infringement to our subscribers through our Software Service, by sending an email, or by written communication sent to the subscriber’s physical address contained in our records.
If you receive a notice of alleged copyright infringement from us, you may elect to provide counter notification in writing to our Copyright Agent. To be effective, your counter notification must be provided in writing to our Copyright Agent and must include the following information:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provide is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the complaining party who provided us with a notice of infringement or an agent of such person.
Please do not make false claims of copyright infringement.
Under the Digital Millennium Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to monetary liability.
Infringing someone else’s trademark rights is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your trademark rights. If you believe in good faith that any material available on the Services infringes your trademark, you (or your agent) may notify us in writing
Infringing someone else’s trademark rights is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your trademark rights. If you believe in good faith that any material available on the Services infringes your trademark, you (or your agent) may notify us in writing
VAASARA, FZ LLE.
Creative Towers, P.O. Box 4422
Fujairah, UNITED ARAB EMIRATES
or call us at: +971 (0) 4 552 2567
or email us at: firstname.lastname@example.org
You may be required by law to include certain information in your trademark infringement notice to us, therefore we suggest seeking legal advice prior to submitting a claim of this nature. At a minimum, your written notice should include the following:
1. Your physical or electronic signature or that of the individual authorized to act on the trademark owner’s interest.
2. Trademark name, registration number (if applicable), registration country, legal owner.
3. Description of where the content is located on our Services.
4. Description of how the trademark is allegedly infringed.
5. Statement that you declare, under penalty of perjury, that (a) you are the owner of, or you are otherwise authorized to act on behalf of the owner of, the trademarks that you alleged are infringed; (b) the information you have provided in your notice to VAASARA is accurate and complete; (c) you have a good faith belief that the use of the trademark in the manner described in the notice is not authorized by the trademark owner or otherwise permitted under applicable law.
Note that before you submit a notice of trademark infringement to us, you may find it useful to contact the individual or entity who posted the content or material that you believe is infringing, as it is possible that by bringing it to their attention you may be able to resolve the matter without us. Keep in mind, however, if you choose to contact the individual directly instead of submitting a claim to us, we will not receive a copy of your message and will not be aware of the issue.
VAASARA will review all properly submitted claims, which may result in us removing the reported content from the Services. In some instances VAASARA may need, in its sole discretion, to remove the content prior to contacting the party that posted it. If the content is removed, the party that posted the content will receive a notice from VAASARA letting them know that the content they posted was removed because of your claim. VAASARA will provide them with a copy of your submission including the contact information you provided to us, the name of your organization or whom you represent, if any, and the contents of your claim.