Terms and Conditions Agreement
This is the terms & conditions Agreement (“Agreement”) for Provilink FZE, and hereinafter referred to as (“Provilink”).
This Agreement describes the terms & conditions of service applicable to your use of the Provilink website and any content or information published on the Provilink website, any sub-domains of Provilink, and any other website pages on which services are provided by Provilink.
Your acceptance to becoming a registered user is subject to your agreement to the terms & conditions shown here.
PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE WEBSITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, THEN PLEASE DO NOT USE THE WEBSITE OR THE SERVICE.
Definitions and Interpretation
In this Agreement except where the context otherwise requires, the following words shall have the following corresponding meanings:
Terms and Conditions means this terms and conditions set out in this Agreement.
Provilink means the Provilink FZE.
Materials means the material, information or data relating to the Provilink Website Tenders & Quotation Requests, Tenders & Quotation Requests notices, Site Visit notices, advertisements, messages, addendums and updates in any form whatsoever, including text, software, artwork, graphics, photographs, images, sounds, music, audio material, video material and audio-visual material.
Property Manager means the Property Owners, Owner Associations or Companies (or other legal entities) who register to use the website with the intention to find goods or services for Properties they manage.
Services means any of the services made available by Provilink on the Website, including, without limitation, any service in relation to the submission, facilitation and dissemination of Tender Requests, Tender Bids, Quotation Requests and Quotes.
Service Providers means the Companies that register to become Service Provider subscribers on the Provilink Website. They submit bids and proposals to Tenders & Quotation Request invitations.
Subscriber shall have the meaning set out in Article 2.
Tender Request means a notice or other publication of requirements and specifications for goods or services issued by a Property Manager on the tendering section of the Website.
Quotation Request means a notice or other publication of requirements and specifications for specified goods or services by a Property Manager to a Service Provider by means of the quotation section on the Website.
Site Visit means a notice for an appointment request or confirmation at the location.
Website means the Provilink website and all its pages, contents and services.
Works means all goods, works and/or services which the Service Provider undertakes to perform and provide in its Bid.
Bid means an offer submitted by any Service Provider to a Property Manager in response to either a Tender Request or a Quotation Request.
Bulletin means a bulletin in relation to any Tender Request or Quotation Request issued by the Property Manager in accordance with Article 8 which amends or changes a Tender Request or a Quotation Request.
Clarification means any clarifications or questions raised by either the Property Manager or Service provider regarding any goods or services as well as the replies of either party.
Start Date means the start date stated in the Tender Request or Quotation Request, on or after which, the Service Provider must submit a Tender Bid or Quote in response to a Tender Request or Quotation Request, in order to be considered by the Property Manager.
Closing Date means the closing date stated in the Tender Request or Quotation Request, on or before which, the Service Provider must submit a Tender Bid or Quote in response to a Tender Request or Quotation Request, in order to be considered by the Property Manager.
All days set out in these Terms and Conditions shall mean calendar days in the United Arab Emirates.
Interpretation Bids – Plural.
Neither the Service Provider nor the Property Manager shall hold Provilink liable for any failure to carry out the Works or for the Property Manager’s failure to pay any cost.
The Property and the Service Provider can agree to separate contractual terms.
1. Continuing Acceptance of Terms
1.1 When using the Website (including completion of the registration process to become a subscriber), you must agree to the terms & conditions of this Agreement, which Provilink at its sole discretion may update, modify, change or otherwise vary from time to time. Any changes will be immediately effective upon posting to our website. It is your responsibility to ensure that you are familiar with the latest terms and conditions and your continued use of the Service will signify your acceptance of the changed terms. Please ensure that you often return to this page to view the latest version of this Agreement.
1.2 In the case of subscription renewals, your payment of your subscription renewal invoice signifies an ongoing acceptance of our current Terms & Conditions.
1.3 Unless explicitly stated otherwise, any new features that change, augment or enhance the Website or the Services shall be subject to these Terms and Conditions. The Terms and Conditions may not otherwise be modified except in writing and signed by an authorised officer of Provilink.
2.1 The Services are only available to individuals, owner associations or companies (or other legal entities) who can form legally binding contracts under applicable law. Individuals must be at least 18 years of age in order to become a subscriber.
2.2 Subscription registration shall not automatically entitle you to a Provilink account. Provilink may, in its sole discretion, accept or refuse the Services to anyone at any time and without reason.
3. Registration Obligations
3.1 If you register as a Subscriber on the Provilink Website, you agree to:
(a) provide true, accurate, current and complete information about your organisation (or yourself in the case of an individual Subscriber) as prompted by the subscriber registration form on the Provilink website, or, where a Provilink sales consultant assists you with the registration, you will be asked to agree to these Terms & Conditions before acceptance of your subscription; and
(b) maintain and promptly update the Subscriber information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Provilink has the right to suspend or terminate your registration and/or refuse any and all current or future use of the Services (or any portion of them).
(c) only use this Website in good faith and for legitimate business purposes.
3.2 If you have registered as a Subscriber on behalf of a company or other entity, then you represent and warrant that you have the authority to bind such company or other entity to the Terms & Conditions.
4. Fees and payment
4.1 You agree to pay Provilink for any subscription fees generated. If a fee is payable, the subscription pricing and options appear on the Provilink website under Subscription & Fees. Annual Subscription Fee is charged by Provilink is to compensate us for the services provided by this website.
4.2 Subscription Fees must be paid in full and in advance. Payment for all Services is due no later than 10 working days following the date of the invoice. Should payment not be made within this time, your access rights may be suspended until full payment of the overdue amount is received and cleared. Payment may be made to our bank account by bank transfer or by cheque. Details of the payment options including our bank account details show on all invoices. Invoices are system generated and emailed to you. Provilink may, at its sole discretion, engage a collection agency to collect any overdue payments on our behalf. You will be responsible for the costs associated with the recovery of your debt.
4.4 The Annual Subscription covers
(a) unlimited use of the Provilink website www. Provilink.com; and
(b) unlimited use of the Tender and Quotation Request service; and
(c) website access for the allowable number of users.
4.5 No Refunds. Your subscription to Provilink is non-refundable (where a fee is payable) and non-transferable.
4.6 Provilink reserves the right to modify or vary any fees charged by it. If there are any changes to the subscription fees we shall notify you in advance at the email address you provided us as part of your user information.
5. E-mail Password and Security
5.1 Provilink Services will be provided to the e-mail address as held within our system at the time of sending. It is your responsibility to notify us of any changes to your e-mail address, or to those of other users listed under your account.
5.2 After successful registration as a Subscriber, you will receive an e-mail which includes your selected username and password. You are solely responsible for maintaining the confidentiality of your username and password and you are fully responsible for ensuring your details remain confidential to you.
5.4 You agree that you as the Subscriber will be wholly responsible for all actions taken and any losses, costs or claims whatsoever incurred as a result of usage of the services provided by Provilink.
5.5 You agree to:
(a) immediately notify Provilink of any unauthorised use of your password or username including that of your general user accounts; and
(b) ensure that you properly exit the Provilink website at the end of each session.
5.6 Provilink will not be liable for any loss or damage arising from your failure to comply with this Article.
6. Appropriateness of Profiles
6. All profiles associated with your user registration are your responsibility. As such, Provilink accepts no responsibility for the appropriateness of the Tender Requests and Quotation Request notices you receive, either as a result of a manual search or via our notification service.
7.1 You acknowledge and accept that the Materials are owned by Provilink or licensed to Provilink.
7.2 You acknowledge and understand that unauthorised copying, republication or use of the Materials may violate copyright, trademark, and other laws.
7.3 You are authorised by Provilink to view, download, print and copy from the Provilink website only such copies of the Materials as are strictly necessary for your records as a Subscriber and your own use for the purposes of considering and responding to the tenders & quotation requests available to you from the Provilink website.
7.4 You must retain all copyright and other proprietary notices contained in the original Material or any copy you make of the Material.
7.5 Except in accordance with the express provisions of this Agreement, you may not save, download, cut and paste, sell, licence, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate or create derivative works from, or otherwise use in any way, the Materials or any part thereof, without the written permission of Provilink.
7.6 The publication or use of the Materials on any website other than the Provilink website or in a networked computer environment for any purpose other than in accordance with this clause 7 is strictly prohibited.
7.7 You agree to immediately notify Provilink by email to hello@Provilink.com or by post to the postal address published on the Provilink website if you become aware of:
(a) any copying, publication or use of the Materials which would or may amount to a breach of the terms of this clause 7 by any person; and
(b) any material on the Provilink website which infringes or may infringe your copyright or any other person’s copyright
7.8 If you breach any of these Terms, your permission to use the Provilink website and any Services may be automatically and permanently terminated without notice.
7.9 If your permission to use the Provilink website and any Services is terminated, you must immediately destroy any copies (in hard copy or electronic form) that you have made or caused to be made of the Material.
7.10 You acknowledge and understand that Provilink reserves the right to take whatever action it deems necessary without further notice to protect and enforce its rights. This includes commencing Court proceedings for copyright infringement seeking injunctive relief, compensation in the form of damages or an account of profits, and the payment of legal costs.
8. Tender and Quotation Process
8.1 In order to submit a Tender Request or Quotation Request, the Property Manager shall complete the relevant sections in the Website and upload the relevant data and information.
8.2 Once the Property Manager has submitted a Tender Request or Quotation Request on the Website, the eligible Service Providers may submit their Bids by uploading their Bids onto the Website on or prior to the Closing Date.
8.3 The Property Manager may make any revision, addition, deletion, modification, explanation, interpretation or clarification to any part of a Tender Request or Quotation Request and the processes and procedures contained therein at any time by uploading a Bulletin onto the Website on or before the Closing Date. The Closing Date will not be extended unless the Bulletin expressly extends the Closing Date. A Bid must take into account all amendments and changes included in all Bulletins.
8.4 The Property Manager shall complete the award notification section on the Website upon the selection of the winning Bid and in any event, no later than two (2) months following the Closing Date.
8.5 The Closing Date will not be extended unless the Bulletin expressly extends the Closing Date. A Bid must take into account all amendments and changes included in all Bulletins.
8.6 Postponement, cancellation and re-tendering
If the Property Manager delays or suspend any Tender Request or Quotation Request for a period of more than 60 days following the Closing Date, without justification which Provilink deems reasonable, Provilink may suspend or terminate the Property Manager’s account. The Service Provider and the Property Manager shall not hold Provilink liable in this regard.
8.7 Notification of Unsuccessful Bidders
Provilink shall notify all Service Providers which have submitted a Bid in response to a Tender Request or Quotation when a Bid has been selected by the Property Manager. If the Provilink has not advised a Service Provider of the status of its Bid two (2) months of the Closing Date, as may be extended in a Bulletin, the Bidder may contact the Property Manager directly for a declaration as to the status of its Bid.
9. Submission of Tender & Quotation Request Bids
9.1 The Service Provider shall ensure that:
(a) all Bids which it submits are fully compliant with the Website Terms and Conditions and the requirements of the Tender Request and Quotation Request, together with all Bulletins;
(b) any data submitted in a Tender Bid or Quote is in a standardised electronic form and configuration compatible with the Website requirements and the Property Manager’s instructions in the Tender Request or Quotation Request; and
(c) all Bids in response to Tender Requests and Quotation Requests must be uploaded onto the Website.
Provilink will not be liable in any way for Service Provider’s failure to comply with the foregoing.
9.2 The Service Provider must check the applicable Closing Date in the Tender Request or Quotation Request. All Tender Bids and Quotes must be submitted on or before the Closing Date. Provilink shall not be responsible for any technical problems and issues which may prevent the Service Provider from submitting all or part of any Quote or Tender Bid on or prior to the Closing Date.
9.5 Provilink, is not an agent or representative of the Service Provider. Provilink shall not contact a Property Manager on behalf of the Service Provider for any purpose relating to changing the terms of any Tender Request or Quotation Request.
9.6 Provilink does not accept any responsibility in processing any notification between Property Manager and the Service Provider Subscribers to the Provilink Services. The Property Manager shall be responsible for notifying the Service Provider of any Quote or Tender Bid the Property Manager accepted and awarded to the Service Provider via the Website.
9.7 In the event you are in dispute with a Property Manager, you hereby release Provilink (and its officers, employees, agents and associates) from any and all claims, demands and damages whatsoever and hereby indemnify Provilink in respect of any claims, demands and damages whatsoever made against Provilink by a third party or Service Provider (including a Property Manager) in relation to the Services provided.
9.8 The Service Provider must not submit a Tender Bid or Quote in response to a Tender Request or Quotation Request unless the Service Provider intends to (a) create a binding agreement with the Property Manager and provide the goods and/or services set out in the Tender Request or Quotation Request; and (b) comply with all the terms and requirements of the Tender Request or Quotation Request. The Service Provider shall not disrupt a Tender Request or Quotation Request or submit sham or bogus Bids. The Service Provider must not be affiliated with the Property Manager listing the Tender Request or Quotation Request.
9.9 The Service Provider shall submit their standard terms and contract for any Works in their Bid.
9.10 All costs incurred by the Service Provider in connection with its participation in the tender process or quote process, including preparing and submitting Bids, will be entirely borne by the Service Provider without any recourse to, or any liability on the part of, Provilink.
9.11 Responsibilities of Service Providers when submitting their Bids:
aIt is the Service Provider’s responsibility to carefully examine and verify the correctness of Tender Request or Quotation Request and the accuracy of all data, information and all relevant materials to contain therein.
(a) It is the responsibility of the Service Provider to properly acquaint itself and its associates, affiliates and sub-contractor’s with all contents of Tender Request or Quotation Request.
(b) If the Service Provider identifies any inconsistency between any parts of a Tender Request or the Quotation Request or any ambiguity, error, omission, discrepancy or other fault in Tender Request or a Quotation Request, the may notify the Property Manager via the Clarification tool, but the Property Manager shall not be obliged to make such adjustments for such faults.
(c) A Service Provider will have no claim against Provilink on the basis that its Tender Bid or Quote was disadvantaged by any inconsistency, ambiguity, error, omission, discrepancy or other fault in a Tender Request or Quotation Request .
(d) Each Service Provider submitting a Tender Bid or a Quote is deemed to have:
(i) examined the relevant Tender Requests or Quotation Request and any documents referenced therein;
(ii) examined all further information which is obtainable by the making of reasonable enquiries relevant to the risks, contingencies and other circumstances having an effect on the Tender Request or Quotation Request;
(iii) gained an understanding of the conditions at the Site, if the Property Manager granted a Site Visit, including existing structures, access, neighbouring properties and any conditions relevant to the delivery of the Services; and
(iv) formed its own assessment of the nature and extent of the work required to carry out the Services.
(e) Bids are made on the basis that the Bidder acknowledges that:
(i) Provilink has not independently verified the information included in any Tender Request or Quotation Request and the Service Provider is responsible for verifying such information and must review the potential risks with its legal and financial advisers and make its own evaluation of the Bids and the Services;
(ii) the Service Provider has informed itself of the requirements of any relevant authorities, laws and regulations that may apply in connection with the Tender Bid, the Quote, and the Services; and
(iii) neither this Tender Document nor the Bid gives rise to any contractual obligations from the Department to the Bidder.
(f) Under no circumstances will Provilink and the Property Managers, their officers, employees, or their advisors or any other person be liable for or accept any responsibility for any cost, expense or liability incurred by any person relying upon or using the information on the Website, or in the Tender Request or Quotation Request. The use of such information is entirely at the risk of the Service Provider.
(g) The Bid price shall constitute the entire and all-inclusive sum for providing the Works. Any omissions in the pricing of the Works, shall be deemed to have been included in the calculation of the Bid price. The Service Provider acknowledge and accept that the Property Manager shall not be obliged to accept a price different from the Bid price due to any such omissions.
10. Submission of Tender Request & Quotation Request
All Property Managers acknowledge and agree to the following:
10.1 The Property Manager must submit on the Website complete Tender Request and Quotation Request that covers its requirements. If Provilink determines that the Property Manager has submitted any Tender Request or Quotation Request for the same on goods and services repeatedly or has issued more than two (2) Bulletins for any single Tender Request or Quotation Request, Provilink may remove such Tender Request or Quotation Request and/or suspend or disconnect the Property Manager’s account.
10.2 The Property Manager must ensure that any data submitted in a Tender Request or Quotation Request is in a standardised electronic form and configuration compatible with the Website requirements.
10.3 Provilink, is not an agent or representative of the Property Manager. Provilink shall not contact any Service Provider on behalf of the Property Manager for any purpose relating any Bids for any reason whatsoever.
10.4 If you award the Tender or Quotation Request to a successful Bidder, the Service Provider will be notified through Provilink directly. Provilink does not accept any responsibility in processing any notification between the Property Manager and the Service Provider Subscribers to the Provilink Services.
10.6 In the event you are in dispute with a Service Provider, you hereby release Provilink (and its officers, employees, agents and associates) from any and all claims, demands and damages whatsoever and hereby indemnify Provilink in respect of any claims, demands and damages whatsoever made against Provilink by a third party or Property Manager (including a Service Provider) in relation to the Services provided.
10.7 You must never create or submit a Tender and/or Quotation Request if:
(a) you have no serious intention of creating a binding agreement and which is not an offer for provision by a bidding user of goods and/or services;
(b) you take any action that may misrepresent the Tender and/or Quotation Request, including but not limited to: setting out terms; that are inappropriate for the Tender and/or Quotation Request in question; or
(c) you bid on your own Tender, or have a third party user affiliated in any way…
(d) you initiate any speculative, false or fraudulent Tenders and/or Quotation Requests, participate in any Tenders and/or Quotation Requests in any speculative, false or fraudulent manner or submit any speculative, false or fraudulent Material, or otherwise misuse or abuse of any Services provided on this Website.
11. Restriction on Use
11.1 You agree that you will not use the Provilink website to:
(a) impersonate any person or entity or misrepresent your or anyone else’s affiliation with you or anyone else; or
(b) upload, post email or otherwise transmit any unsolicited or unauthorised advertising, or promotional material; or
(c) upload, post email or otherwise transmit any data file containing software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(d) upload, post email or otherwise transmit any material or content: (i) of a threatening, libelous, slanderous, harassing, defamatory, obscene, pornographic nature; (ii) of an unsolicited or unauthorized commercial nature such as but not limited to advertising, marketing of any good or service or solicitation of funds; (iii) that misappropriates, violates or otherwise infringes any intellectual property or other proprietary right of any third party, such as but not limited to, copyright, trademark, patent or design rights; (iv) that would violate any public or private rights; or (v) which does or would violate any applicable law; and shall be solely liable for any liabilities, damages, claims or any other actions resulting from the above restrictions or from your posting any Material on this Website; or
(e) act in a manner that negatively affects the ability of any Subscriber, Property Manager, Service Provider, non-subscribing user or Provilink itself to engage in reasonable usage of the Provilink website; or
(f) interfere with or disrupt the services of the Provilink website; or
(g) transgress any applicable regulations, rules or statutory provisions of local laws or any other relevant jurisdiction or any order or rule of any court of competent jurisdiction; or
(h) take any action that imposes or may impose, at our discretion, an unreasonable or disproportionately large load on our systems and infrastructure or that may adversely affect our network or other customers.
11.2 If Provilink, in its sole discretion, determines that any of the above restrictions on use have been breached, Provilink may pursue any of its legal remedies, including but not limited to immediate cancellation of a Subscriber’s account.
11.3 Provilink reserves the right (in its sole discretion) to take any actions that it believes prudent or necessary to minimise or eliminate its potential liability, including but not limited to the release of any Subscriber’s information to a third party.
12.1 You agree that Provilink, in its sole discretion, may terminate your password and username designation or use of the Services, and remove and discard any Material, information or data you provide to us or another user if Provilink believes you have breached this Agreement.
12.2 Provilink may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice.
12.3 You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Provilink may immediately deactivate or delete your account and related information and files in your account and/or bar any further access to such files or the Services.
12.4 Further, you agree that Provilink shall not be liable to you or any third party for any termination of your access to the Services.
This Clause is subject to Clause 14.5
13.1 Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN ’AS IS’ AND ’AS AVAILABLE’ BASIS. PROVILINK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVILINK MAKES NO WARRANTY THAT : (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, (WHETHER AS PART OF OR AS A RESULT OF A TENDER, QUOTATION REQUEST OR OTHERWISE) OBTAINED BY YOU OR ANY USER THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVILINK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limit of liability
14.1 USERS EXPRESSLY UNDERSTAND AND AGREE THAT PROVILINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVILINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES (3) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES.
14.2 Provilink does not underwrite the identity of any Subscriber Property Manager or other user of the Provilink website and will not be held liable for any losses, costs or claims whatsoever arising out of any fraudulent or mistaken identity assumed by any party using the Provilink website or any unauthorised use of any digital certification issued thereunder.
14.3 PROVILINK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANT ANY OF THE INFORMATION MADE AVAILABLE BY ALL PARTIES. YOU AGREE THAT PROVILINK SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, TRANSACTION, TRANSMISSION, SUBMISSION, CORRESPONDENCE, STORAGE, IDENTIFICATION, SCREENING, COMPLIANCE ISSUES, ISSUE OF DIGITAL IDENTIFICATION, UNLAWFUL TRANSACTIONS BY OTHER PERSONS IN CONNECTION WITH OR ARISING OUT OF ANY TENDER OR QUOTATION REQUEST EXERCISE.
14.4 NOTHING IN THIS CLAUSE EXCLUDES PROVILINK’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED THROUGH THE NEGLIGENCE OF PROVILINK, ITS EMPLOYEES, SERVANTS OR AGENTS, NEITHER DOES IT SEEK TO EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATION BY PROVILINK.
14.5 In cases of any losses not otherwise excluded by a term of this Agreement, Provilink’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this Agreement, or based on any claim for indemnity or contribution will not exceed the sum of the Subscription paid by you to Provilink.
15.1 You agree to indemnify and hold Provilink and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party owing to or arising out of your breach of this Agreement or the documents it incorporates by reference (including, without limitation use of digital certification for an unauthorized purpose), or your violation of any law or the rights of a third party.
16. Compliance with Laws
16.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services and your participation in any Tender and/or Quotation Request, complying with all applicable laws regarding the transmission of technical data exported from the country in which you reside or other relevant jurisdiction.
17. No Agency
17.1 You, Provilink, Property Managers and Service Providers are each independent contractors, and no agency, partnership, joint venture employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
18.1 The Services may provide, or third parties may provide, links to other World Wide websites or resources. Because Provilink has no control over such sites and resources, you acknowledge and agree that Provilink is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
18.2 You further acknowledge and agree that Provilink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
19.1 Except as explicitly stated otherwise, any notices shall be given by email to Provilink or to the email address you provide to Provilink during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.
19.2 Alternatively, we may give you notice by prepaid postage to the address provided to Provilink during the registration process. In such case, notice shall be deemed given four (4) days after the date of mailing.
20. Force Majeure
20.1 Provilink shall not be liable to you for delays and failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of god, labour disputes, disturbances, material shortages, or rationing, riots, acts of war, government regulations, communication or utility failures, or casualties.
21.1 Provilink may assign this Agreement without your consent.
22.1 This Agreement constitutes the entire agreement between you and Provilink and governs your use of the Services, superseding any prior written or oral agreements between you and Provilink.
22.2 This Agreement shall be governed by:
(a) This Agreement shall be governed by the laws of the UAE.
(b) The Courts of Dubai shall be exclusively competent to hear and settle any dispute that arises between the Parties out of or in connection with this Agreement and that is not resolved amicably by the Parties. Please note that you are hereby waiving any: (i) claims that you may otherwise have against us based on the laws of any other jurisdiction; and (ii) arbitration proceedings, whether local or international.
22.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
22.4 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
22.5 Headings are for convenience only and in no way define, limit, construe or describe the scope or extent of such section.
22.6 References to the singular shall include the plural and vice versa.
22.7 The meaning of general words is not limited by specific examples introduced by including or for example or similar expressions.
22.8 If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
22.9 A reference to an agreement or document (including, a reference to this Agreement) is to the agreement or document as amended, varied, supplemented, novated or replaced, except to the extent prohibited by this Agreement or the other agreement or document.
22.10 A reference to a party to this Agreement or another agreement or document includes the party’s successors and permitted assigns.
22.11 The Parties hereto recognise and acknowledge that this Agreement has been prepared in English. In the event it is translated into Arabic and there arising any ambiguity or doubt as regards interpretation of a particular clause in Arabic or in case of conflict between the Arabic and the English, the English version shall be consulted for clarification.
If you subscribe to, or are registered on one of our services, we will ask you to supply information that we will record on our files for the purposes of providing the service. This information remains confidential and we will not provide our customer details or email addresses to a third party for commercial gain. However, at our discretion, we may provide your contact details to an external provider of research services for the purpose of gathering information designed to improve the delivery of our products and services. Some of the information we store within our database is also stored on our website. This information is used to allow you as the subscriber access to our services online. Not all of your information is available on our website.
For each visitor to our website, our web server may record the details of your IP address. If this is recorded, it is used to research the search functions on our websites that enable us to better understand usage patterns, visitor movements within our site, search options requested etc. The IP address is not held on a database at any stage. Subscribers to our services who provide email addresses do so on the understanding that their e-mail addresses are a necessity to enable us to provide the service.
How we use your information
The primary purpose for which we collect information about you is to provide you with products and services you have requested. We also collect information about you for the purposes outlined below:
Explanation of terms
Used to locate and display Web pages via a software application. The most popular ones are Microsoft Internet Explorer, Google Chrome & Firefox. Provilink recommends the use of Google Chrome.
Message given to a web browser by a web server. The message is then stored by the browser in a text file called cookie.txt. Each time the browser requests a page from the server, this message is sent back. A cookie’s main objective is to identify users and personalise their visit by customising web pages for them for example by welcoming them by name next time they visit the same site. A site using cookies will usually invite you to provide personal information such as your name, e-mail address and interests.
IP (Internet Protocol)
All networks connected to the Internet speak IP, the technical standard that allows data to be transmitted between two devices. TCP/IP (Transmission Control Protocol/Internet Protocol) is responsible for making sure messages get from one host to another and that the messages are understood.
If you are connected to the Internet you have one. For example, it may look something like this 220.127.116.11. Most users are assigned a temporary address each time they log on. Having a temporary or session address enhances user security because it makes it more difficult for others (e.g. hackers) to access such a user’s session.
Delivers (“serves up”) web pages to your computer.