PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING SETTLER.
1.1. These Terms (hereinafter referred to as the Terms) constitute an offer of Settler DMCC (hereinafter referred to as Company or Settler) to an Internet user (hereinafter referred to as the User) to use Settler service (hereinafter referred to as the Service or Settler Service) in United Arab Emirates.
1.3. By starting to use the Service / its certain functions, the User is deemed to have accepted these Terms and provisions, in full, without any reservations and exceptions, and is not in dispute with either of provisions of these Terms. If the User disagrees with any provisions of the Terms and/or Regulatory Documents, the User may not use the Service and shall not enter into any arrangements related to utilization of these Terms.
1.4. Settler enables the User to place information on the User’s potential demand for construction related services, overview offers of organizations providing services in the said fields, and search for such offers using parameters set by the User. All currently available functions of the Service along with any developments and/or newly added functions are governed by these Terms.
THE USER ACKNOWLEDGES THAT COMPANY ACTS SOLELY AS THE AGENT IN REGARDS TO BOTH THE USER AND THE CONSTRUCTION PROVIDERS, AND DOES NOT PROVIDE CONSTRUCTION RELATED SERVICES OR FUNCTION AS A PROVIDER FOR EITHER OF THE SERVICES AND THAT ALL SUCH CONSTRUCTION RELATED SERVICES ARE PROVIDED BY THIRD PARTY (PARTIES) – CONSTRUCTION RELATED PROVIDERS ACTING AS INDEPENDENT CONTRACTORS THAT ARE NOT EMPLOYED BY OR ARE NOT OTHERWISE AFFILIATED TO COMPANY OR ANY OF ITS AFFILIATES (CORPORATE OR INDIVIDUAL). THE RELATIONS BETWEEN THE USER AND CONSTRUCTION RELATED PROVIDERS ON THE ACQUISITION OF SERVICES ARE REGULATED BY RELEVANT AGREEMENTS BETWEEN THE USER AND CONSTRUCTION RELATED SERVICES PROVIDER, AND COMPANY IS NOT AND IN NO CASE SHALL BE DEEMED A PARTY OF SUCH AGREEMENTS OR HAVING ANY INFLUENCE OR ABILITY TO IMPACT TERMS OF SUCH AGREEMENTS OR PERFORMANCE OF CONSTRUCTION RELATED PROVIDERS.
1.5. Depending on the User’s location, any or all functions of the Service can be inaccessible or limited. Functions are deemed to be inaccessible (limited) for the User from a certain region if such User is unable to use them explicitly. It is prohibited to apply any technical and software-based methods to circumvent these limitations. Provisions hereof governing functions of the Service inaccessible (limited) for the User will apply until such functions become explicitly accessible for the User. Information on accessibility of functions of the Service in a certain region shall be provided to the User upon his or her request sent to the Company. Information or advice extended by Company to the User in any form is provided gratuitously and without any liability for Company, and the User shall indemnify Company against any liability claims, losses, damage, costs or expenses arising out of third parties relying to such advice or information.
1.6. Any communication held by the User (written and verbal) with the support team and foreman of construction providers - partners of the Service can be monitored and recorded to control quality and improve services.
1.7. By using the Service, the User consents to receive promotional and advertising materials, including emails and messages. The User may unsubscribe from promotional messages by using relevant functions of the Service or following instructions specified in a promotional message received.
2.1. The Service is provided to the User for personal non-commercial use.
2.2. Information on construction related services is provided by third parties (partners) - construction related providers – independently from Company / Settler. The list of partners is available at https://Settler.ae/partners. For more information about the services offered, the User may contact the partners of the Service - construction related providers or provide their contact details through the functions of the Service for the partners of the Service to independently contact the User and provide them with information about construction related services offered.
2.3. Company shall not be held liable for the content and/or relevance of information provided by the partners of the Service - construction related providers, including information on the cost and current availability of the construction related providers’ benefits. The User shall independently (without the participation of Company) discuss the acquisition of services with the construction related providers in accordance with the construction related providers’ rules on the provision of construction related services. Company shall not be held liable for financial and any other transactions effected by the User and the construction related providers and for any consequences of the acquisition of the construction related providers’ services by the User.
2.4. The User may access functions of rating the services of the Service partners - construction related providers and commenting / leaving feedback on the Service and/or services of the construction related providers. Users ratings and feedback are posted on the Service website and can be available on third-party websites. Company reserves the right to refuse to post any ratings / feedback and delete / block, at any time, any rating / feedback the User posted, at own discretion and without giving any reason. Without prejudice and above, any information in any form received by the User from such ratings, feedback, comments in no case shall be deemed as advice or recommendation extended by Company to the User.
2.5. Company reserves the right, at own discretion, to limit user access to the Service (or to certain functions of the Service, if technologically feasible) using the User's account or block the User’s entire account upon multiple violations of these Terms, or to take any other actions against the User to respect legislative requirements or third-party rights and legitimate interests.
2.6. When demand for construction related or other services is higher (including days before holidays, days of mass events and other cases), higher tariffs may be applied by the Service partners temporary. Company will inform of higher tariffs by posting the relevant notice on the Service website https://settler.ae or otherwise as Company thinks fit, inter alia, by sending an information message to the User’s mobile phone number or via mobile application.
2.7 When the User creates a project, the User is agreeing to pay all charges for his booking including the Renovation price, applicable fees like Settler Service fee, any taxes applied to the User under these Terms and / or under the agreements with construction related providers, duties and fees (without limitation to banking fees) and any other items identified during checkout (collectively, “Total Price”). When the User receives the booking confirmation, a contract for design/Renovation/Remodelling Services (a "Reservation") is formed directly between the User and the Service provider. In addition to these Terms, the User will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements or during checkout that apply to the Reservation. It is sole responsibility of the User to read and understand these rules, standards, policies, and requirements prior to booking a Service.
2.8 Cancellation and Refunds.
Settler follows a customer-first approach so the User can feel confident about association with Settler and the services Settler provides.
If the User wishes to cancel a contract or account, notify us at least 30 days before the end of the User’s term (email: firstname.lastname@example.org). Upon cancellation and termination, Settler will delete the User’s Customer Data from Settler’s servers.
Subscriptions are automatically renewed after each term.
If the User stops using Settler’s Services or stop participating or collaborating with Settler’s team, Settler will not refund the fees paid by the User for the remaining term, including outstanding balances or payment obligations.
Pause a Project. If the User owes any amount – under these Terms or any other agreement with Settler – that’s 30 days or more overdue, Settler may, without limiting the User’s other rights and remedies, suspend the User’s Project until this amount is paid in full.
If the User wishes to suspend the services (pause a Project) the User has to send respective request to Company at least XX days in advance and seek its approval for such suspension. In any case the suspension (pause) shall not exceed XXX days. For the Project suspension lasting in excess of the term above, the User accepts and understands that resumed works might be charged at different rates and undertakes to pay such difference in full based on the respective terms and conditions set in regards thereto. However, the User cannot suspend a Project without Settler’s prior written approval.
Payment Upon Termination. Upon any termination, the User will pay any unpaid fees and expenses incurred on or before the termination date, including the remainder of any subscription fees of any purchased plan and any outstanding payment obligations. In the event that the User terminate a project for cause, with Settler’s approval or consent, and the User prepaid any fees for the User's Project that the User has not yet received, Settler will refund the User for prepaid fees. If Settler terminates a project for cause, any prepaid fees for the Project charged on a fixed-fee basis are non-refundable, unless expressly stated otherwise in the User’s project.
The User shall not, either directly or indirectly, recruit or solicit (other than by general advertisement) for employment or engagement as an independent contractor, anyone employed or engaged by us or any Service provider and involved in any respect with the User’s Project.
The User must cooperate reasonably and in good faith with us – this means the User needs to:
allocate sufficient resources and time to complete any tasks for Settler to fulfil his obligations under this project;
deliver any Customer deliverables and other obligations required under each Project in a timely manner;
respond to Settler’s inquiries quickly;
assign an internal project manager for each Project who will serve as Settler’s single point of contact;
participate actively in scheduled project meetings;
provide in a timely manner and at no charge to Settler, access to the User’s appropriate and knowledgeable employees and agents, and coordinate onsite, online and telephonic meetings all as reasonably required; and
true, valid, complete accurate and timely information, data and feedback (all as reasonably required).
Company shall be not responsible or liable for any late delivery, or delay, or failure of performance caused in whole or in part by the User’s delay in performing, or failure to perform, any of the User’s obligations under this agreement. Any delays caused by the User, may result in additional charges for resource time.
Settler offers platform as a centralised project management platform that provides status information about the User’s Project. It’s sole responsibility of the User to use Settler platform to cooperate and to communicate with us.
SCHEDULE AND TIMELINE
Settler always does its best to build relations with all Settler’s partners and make sure they take duties and responsibilities seriously, to enable commercially reasonable efforts to complete the Project successfully by estimated timeline. But Settler does not make and in no case will extend any guarantee ability to complete the Project under that estimated timeline. Be aware that any comments or documentation about potential time frames and anything that refers to schedule or timeline provided by Settler are estimates and opinions only (and are extended in a manner described in the item 1.5 above), final timelines, quality of works, cost of works or services can be established only by Construction Related Provider having due expertise and experience to estimate the scope and cost of required works and assign accurate timelines. Please note, that Settler is not a party to actual service agreements that are or will be entered between User or Construction Related Provider, and only Construction Related Provider has responsibility and is liable (including liability under the law) for quality of performed works or services rendered, reporting documents, increased expenses and default on timelines declared by Construction Related Provider for works. Therefore, any claims related to defaults on timelines, quality of services and works, cost of services, works and materials always must be addressed to Construction Related Provider only, all such claims if received by Settler will be forwarded to Construction Related Provider for resolution, and even though Settler at his own discretion may resolve to assist the User in settling the claim, but will not be party to it and will not entertain such claims.
2.12. The User authorizes Company to process personal information (including personal details) of the User of Service (Settler), to transfer personal information of the User to Company’s partners (construction related providers), and to process personal information for Company’s partners to provide services to the User in the Service. When the User turns to the Service, his/her personal information is transmitted to be processed under the terms and for the purposes determined in the Privacy Notice available at: (https://Settler.ae/legal/Settler_privacy_notice).
3.1. The User can pay for construction related services provided to the User in accordance with the information on potential demand for construction related services the User posted via the Service:
3.1.1. Directly to a construction related provider (inter alia, by cash or by any other means stipulated by the said construction related provider, if any, hereinafter referred to in these Terms and the Service interface as cash). The said payment shall be made without the Company being involved and shall not be governed by these Terms. The said payment method may be restricted for some services due to restrictions are applied in the User’s country.
3.1.2. Via cashless payment through Settler; in this case, Company acts in the name of the relevant construction related provider or otherwise (including directly) with an authorized payment processor, electronic money processor, or any other party to settlements involved or otherwise (including directly) (hereinafter referred to as cashless payments). In the case of cashless payments made through Settler, Company receives payments as a limited payment collection agent of the construction related provider. Company does not guarantee that the operation of the Service will be error- and failure-free in view of enabling cashless payments.
Depending on the User's region, cashless payments can be made without Company acting as a payment recipient or with Company involved as another party to settlements or a party to information exchange.
The User shall choose the relevant form of payment in the Service interface. In this respect, if it is impossible to make cashless payments for any reason (including, but not limited to temporary technical inaccessibility of this function, temporary or constant impossibility to make cashless payments using the Linked Card (as defined below) or insufficient funds in the Linked Card), the User undertakes to pay by cash.
For cashless payments, it is possible to effect both one transaction for the entire cost of construction related or other related services and several transactions for certain parts of the cost of the service. Cashless payments can be affected by any of the above means during the service or when the service is over.
In case of cashless payments, the User can, along with payment for construction related service, make an additional cashless payment to the construction related provider as a percentage of the cost of the construction related or other service (hereinafter referred to in these Terms and the Service interface as Tips) as they think fit.
3.2. For cashless payment via Settler the User shall specify the bank card in the Service interface indicating the following details:
If the bank card details are true, valid and it is technically feasible to use this card in the Service, the said bank card becomes a Linked Card and can be used for cashless payments (cl. 3.1.2 hereof). All Linked Cards are displayed in the Service interface; for the User’s convenience, the interface displays the last 4 digits of the Linked Card number.
3.3. When a Linked Card is added and when the User chooses the function of cashless payment for a certain trip/service, the amount limited to 5 AED (or any other amount in the User’s region currency) will be charged to confirm that the Linked Card details are true and valid; if the transaction is successfully affected, the said amount will be refunded to the User. Failure to charge the said amount means that it is impossible to add this Linked Card and/or the function of cashless payment is unavailable, respectively.
3.4. When adding the Linked Card and at any time after it was added, the User can set and/or change the default number of Tips via the Service interface; the User can change the amount of Tips for a certain trip/service in the Service interface, when the trip/service is over.
3.8. User's cashless payments shall be made with an authorized payment processor or electronic money processor involved and shall be governed by rules of international payment systems, banks (including the bank that issued the Linked card), and other parties to settlements.
3.9. When indicating their details pursuant to cl. 3.2 hereof and further using the Linked Card, the User confirms and guarantees that they indicated reliable and full information on the valid bank card issued in their name; they comply with rules of international payment systems and requirements of the bank that issued the Linked Card, inter alia, in relation to the procedure of cashless payments.
3.10. The User understands and agrees that all actions performed in the Service using the mobile phone number confirmed by the User, inter alia, cashless payments with the use of the Linked Card, are deemed to be performed by the User.
3.11. If the User disagrees with the fact and/or the amount of cashless payments and has any other questions on how to use the Linked Card in the Service, they may contact Company by phone numbers specified by the Service and/or via the help desk (feedback) interface within 14 days from the date of cashless payments or any other actions or events that prompted the request.
If, following the inspection caused by such a request, Company decides to refund the amount of cashless payment, in whole or in part, the said amount shall be refunded to the bank account of the bank card the cashless payment was made with. The refund shall be made with an authorized payment processor or electronic money processor involved and governed by rules of international payment systems, banks (including the bank that issued the Linked Card), and other parties to settlements. If Company is not a party to settlements made via the Linked Card, Company can act as a body that transfers above user requests to construction related providers, dispatch offices, or any other person being a recipient of payments under the above transactions with the Linked Card.Company has no responsibility and will not refund duties and fees charged during payment by bank or payment processor, and the User acknowledges and accepts that the duties and fees may be deducted from amount of refund and will not be reimbursed by Company.
3.12. Company reserves the right to require from User to confirm the details it specified in the Service, including the details of the Linked Card, and request supporting documents in this regard (in particular, identity documents); failure to provide these documents may qualify as the provision of unreliable information and have implications stipulated by cl. 2.5 hereof, if Company thinks fit.
3.13. The provisions on the terms and procedure of payment for construction related or other services, including delivery services, specified in this Section shall not apply, when a third party pays for such construction related or other services instead of the User under a separate contract Company signed with such third party.
3.14 The User irrevocably warrants and guarantees that the funds used by the User for payment under these Terms to Company or construction related provider(s) represent lawful funds of the User and / or the User is authorized to utilize such funds for the purposes compiling scope of these Terms.
4.2.Settler and the User will always apply their best efforts to resolve any disputes amicably.
4.3. If Settler and the User fail to resolve any dispute within 120 days from arising, the dispute shall be handled to court for final resolution. Dubai Courts shall have exclusive jurisdiction over any disputes arising from these Terms. If dispute is handled to Arbitration, the plaintiff shall pay all initial costs required for launching arbitration, including fees for arbitrators’ appointment. The disputes heard by Arbitration shall be heard by three arbitrators, where by one is appointed by each of the parties, and so appointed arbitrators shall appoint the presiding one at expense of the plaintiff. Arbitration shall be held in the English language and proceedings shall be governed by the ICCA Rules. Arbitration award shall be final and binding upon the parties, and shall not be disputed regardless any other applicable legislation. With above, following final resolution of dispute, the winning party shall be entitled to reimbursement of its legal and judicial expenses under the separate claim, and amount of such reimbursement shall not be less UAE Dirhams 8,000.
4.3. If the User wishes to log claim or dispute any of the construction related provider’s services, without limitation to timelines, cost, quality of the Service provided, such claim shall be addressed directly to the construction related provider, and such claims will not be entertained by the Settler under no circumstances. Without prejudice to above, Settler at sole own discretion, may assist the User in its dispute or proceedings initiated against construction related provider.
5.2. The User shall stop using the Service, if he or she disagrees with any amendments to these Terms Company made as prescribed by s. 5.1 hereof.
Unit no RET-R6-070, detached retail R6, plot no JLT-PH2-RET-R6, JLT, Dubai, UAE
Settler.ae (Settler) site is developed and owned by Settler DMCC, a technology company, hereinafter referred to as the ‘Company’ with its registered office at Unit no RET-R6-070, detached retail R6, plot no JLT-PH2-RET-R6, JLT, Dubai, UAE. The Settler Website terms & conditions (“T&C”) apply to your access and use of www.settler.ae (the “Site”), including all content, data, images, pricing, reports, software, voice, text and video made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as whole, as well as individual items and portions thereof. All references to the “Site” and “Content” herein shall include your access and use of any and all Settler.ae applications for mobile, and all content, data, images, pricing, reports, software, voice, text and video in connection with the foregoing.
Settler permits you (“User” or “you” or “your”) referred to as you, your, user or the ‘Client’ to access and use the Site and Content, subject to these T&C. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these T&C. If you are entering into an agreement on these T&C on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these T&C, in which case the terms “you” or “your” or “User”, the “Client” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these T&C, you must refrain from accessing or using the site or content.
You may use Settler.ae to specify and assign projects to the Company. A Project Assignment will become binding when both parties have signed a separate agreement / contract referred to as the “Contract” for the project and once an the Contract is signed, Company will be obligated to provide the services and to deliver the materials and deliverables as specified in each Project Assignment. The terms of the Contract will govern all Project Assignments and services undertaken by Company for Client.
Company reserves the right, at its sole discretion, to change or modify portions of the T&C at any time. The Company will post the changes on the Site and will indicate the date these terms were last revised. It is your responsibility to check the T&C periodically for changes. Your continued use of the Site and Content after the date, any such changes become effective constitutes your acceptance of the new or revised T&C.
Authorisation to Access and Use Site and Content: Subject to your compliance with these T&C and the provisions hereof, you may access or use the Site and its Content solely for the purpose of your use of Settler. You may only link to the Site or Content, or any portion thereof, as expressly permitted by the Company in writing.
All rights, title and interest in and to the Site and all its Content will remain with and belong exclusively to Settler and the company. You will not:
(1) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party,
(2) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or import / export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, including and not limited to
- Making any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of this website (including, without limitation, the rental path for any self-storage related information) for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization.
- Use any “page-scrape,” “deep-link,” “spider,” or “robot” or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content.
- Reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any of its Content or other information through any means not made generally available through the Site by the Company.
(3) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and all its Content, or any other data, products or services of the Company that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, marks and other proprietary notices. You agree not to access the Site or its Content by any means other than through the interface that is provided by the Company to access the same. The Company reserves the right to take any lawful measures to prevent any such activity.
You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site, till a contract is signed wherein the Company will own responsibility which would be specified in the contract.
Settler, the Company and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. The Company grants no rights or licenses whatsoever to you under these T&C.
For the purposes of these Terms and Conditions, confidential information shall mean, “Any information disclosed by the User to Settler, or Vice‐ Versa, whether in while signing up for Settler.” Further, the information pertaining to pricing and rates offered by Settler to the user for the Settler services shall also be deemed to be confidential information and neither Party shall disclose invoicing details and pricing information to any third party, which is not available in public domain. All such pricing and invoicing details shall always be considered as Confidential Information and shall not be subject to any exceptions whatsoever.
Company covenants, represents and warrants that each of Company's employees who perform services has or will have a written agreement with Company that provides Company with all necessary rights to fulfil its obligations under this T&C.
Rights in User Content: By posting your information and other content (“User Content”) on or through the Site and Content, you grant The Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and fully paid license to use such User Content for the sole purposes of providing you with the Settler site, services and platform. Company will not disseminate your User Content to any third party other than as required to provide you with the Settler site, services and platform and will procure that any such third party will adhere to to the terms of this Agreement with respect to your User Content. The Company eschews any liability for User Content and you hereby indemnify the Company in the event that your User Content is held to infringe the rights of any third party. The Company has the right, but not the obligation, to monitor the Site and Content and User Content. The Company may remove or disable any User Content at any time for any reason, or for no reason at all.
All third-party trademarks™ or registered® trademarks (including logos and icons) referenced on this site remain the property of their respective owners. Use of third-party trademarks does not indicate any affiliation, relationship, sponsorship, or endorsement between us and the owners of these trademarks. Any references to third-parties or their trademarks are solely to identify the corresponding third-party goods and/or services.
You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to The Company’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. The Company will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or The Company’s business, products or services. By submitting any Feedback, you acknowledge and agree that (1) your Feedback is provided by you voluntarily and The Company may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (2) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether The Company considered or used your Feedback in any manner, and (3) your Feedback is not the confidential or proprietary information of you or any third party.
You represent and warrant to The Company that your activity on the Site and The Company’s possession and use of User Content as contemplated in these T&C do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Settler trademarks, service marks, graphics and logos used in connection with this website are trademarks or registered trademarks of Settler or its partners. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Great Value Storage trademarks or third-party trademarks.
You authorise Settler and the Company, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial instruments. Failure to provide information about you and your business when requested is a violation of this Agreement.
By using your Settler member account, you acknowledge and agree that Settler security procedures are commercially reasonable.
All promotional offers that the Company will run on Settler will be subject to a fair user policy and the company has the final authority to extend / revoke such promotional offers, discounts and pricing to its Clients.
The Company may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&C or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these T&C will cause irreparable harm to The Company, for which monetary damages would be inadequate, and you consent to The Company obtaining any injunctive or equitable relief that The Company deems necessary or appropriate in such circumstances, without limiting The Company’s other available remedies. Further, The Company may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
The site and content, and all server and network components, are provided on an “as is” and “as available” basis without any warranties of any kind, and the company expressly disclaims all other representations and warranties, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement, and any representations or warranties arising from course of dealing, course of performance or usage of trade. You acknowledge that the company does not warrant that your access or use or both of the site and content will be uninterrupted, timely, secure, error-free or virus-free, and the company does not make any warranty as to the results that may be obtained from use of the site and content, and no information, advice or services obtained by you from the company or through the site and property will create any warranty not expressly stated in these T&C.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Exclusion of damages and limitation of liability:
The company does not charge fees for you to access and use the site and content pursuant to these T&C. As consideration for your free access and use of the site and content pursuant to these T&C, you further agree that the company will not be liable to you for any incidental, consequential, indirect, special, punitive or exemplary damages (including damages for loss of business, loss of profits or the like) arising out of or relating to this T&C, including without limitation, your use or inability to use the site, platform, matching services, content, proprietary information, or any interruption or disruption of such use, even if the company has been advised of the possibility of such damages and regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise). The aggregate liability of the company with regard to this T&C will be Nil.
Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, the company’s liability will be limited to the greatest extent permitted by law.
These T&C are made under, and will be construed and enforced in accordance with, the laws applicable and to be performed solely therein, without giving effect to principles of conflicts of law. In any action between or among any of the parties, whether arising out of these T&C or otherwise, each of the parties irrevocably and unconditionally consents and submits to the exclusive jurisdiction and venue of England and Wales.
Any notices to The Company in connection with this T&C will be made by email transmitted to contact email@example.com and you will also send a copy of such notice via nationally recognized carrier to Settler DMCC Cluster R, JLT marked for the attention of the Company Secretary. In the event that any provision of these T&C will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these T&C will otherwise remain in full force and effect and enforceable.
This Agreement constitutes the final and exclusive T&C between the parties relating to this subject matter and supersedes all terms, whether prior or contemporaneous, written or oral, concerning such subject matter. The T&C is executed in counterparts through digital acceptance.