Eligibility for Membership

It is critical for fortunaze to guarantee that its members may enter into legally binding contracts and that minors do not purchase, use, or have access to inappropriate content. Persons under the age of 18 are not eligible for membership or usage of the Platform (fortunaze Website/ fortunaze App). By using the Platform (fortunaze Website/ fortunaze App), You represent and declare that You are at least 18 years old and that any information You give while registering with the Platform (fortunaze Website/ fortunaze App) or submitting information to Us is honest and truthful.

fortunaze maintains the right, in its sole discretion, to deny, limit, suspend, or revoke any individual’s access to the Platform (fortunaze Website/ fortunaze App) or membership if fortunaze believes that person is under the age of 18 or that any information provided is not accurate or honest, or for any other reason. Members whose membership has been rejected, limited, suspended, or withdrawn by fortunaze are not permitted to utilize the Platform (fortunaze Website/ fortunaze App). A person may only register as a member of the Platform (fortunaze Website/ fortunaze App) once.

Registration and Membership Obligations

To use the Services and the Platform (fortunaze Website/ fortunaze App), You must first create an account and register information with Us in order to create a membership (Membership). You agree that any information provided to Us in connection with this Agreement will be complete and accurate, that You will not register under the name of another person, nor will You attempt to enter the Membership under the name of another person, and that You will not use a username that We, in Our sole discretion, deem offensive. We have the right to refuse registration if We feel You will not comply with these Terms.

You are responsible for keeping Your Membership information up to date so that they are always deemed true, accurate, current, and full. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if fortunaze suspects in Our sole discretion that such information is untrue, inaccurate, not current, or incomplete, or is not in accordance with this User Agreement, We reserve the right to suspend, limit, or withdraw Your Membership and/or Your access to the Platform (fortunaze Website/ fortunaze App) indefinitely, limit, or withdraw Your access to the Platform (fortunaze Website/ fortunaze App).

You will be asked to supply certain information and register a username and password for usage of the Platform (fortunaze Website/ fortunaze App) when creating Your account on the Platform (fortunaze Website/ fortunaze App) in order to create Your Membership. To keep Your account safe, You must protect It with reasonable means, and You are solely responsible for maintaining the confidentiality of, and restricting access to and use of, Your account and password to the Platform (fortunaze Website/ fortunaze App) at all times.

You agree to take accountability for any and all activities that take place under Your account with Us. If someone other than You uses Your login details to access the Platform (fortunaze Website/ fortunaze App), You will be held liable for all acts taken in Your name. In the case of termination, You will no longer be permitted to access the Platform (fortunaze Website/ fortunaze App) or Your Membership, and We retain the right to enforce this termination by any means available. You agree to alert fortunaze promptly of any unauthorized use of Your Membership or any other security violation.

You may not use any other person’s Membership at any time. You undertake to fully compensate fortunaze for all fees, expenditures, and damages incurred as a result of improper, unauthorized, or unlawful use of Your Membership and password by You or any other person gaining access to the Platform (fortunaze Website/ fortunaze App). You may not transfer or sell Your fortunaze Membership to another person, and You agree that You are entirely liable for any Membership activity.

Electronic Communication

To use the Services and the Platform (fortunaze Website/ fortunaze App), You must first register an account and provide personal information to Us in order to create a membership (Membership). You agree that any information provided to Us in these areas will be complete and accurate, that You will not register under the name of another person, nor will You attempt to enter the Membership under the name of another person, and that You will not use a username that We, in Our sole discretion, deem offensive. We have the right to refuse registration if We feel You will not comply with these Terms.

Conduct

You may not use or use the Platform (fortunaze Website/ fortunaze App) or the Services made available via the Platform (fortunaze Website/ fortunaze App) for any purpose other than the one for which we make it available to You. In our sole discretion, we may ban certain activity in connection with the Platform (fortunaze Website/ fortunaze App) and Services. These forbidden acts include, but are not limited to:

Fraud, trafficking in obscene content, drug selling, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets are all examples of criminal, delictual, or tortious activities.

Engaging in any automated use of the Service, such as sending comments or messages using scripts. Interfering with, disturbing, or imposing an excessive load on the service or the networks or services to which it is linked. Making an attempt to imitate another User or person. Using another User’s login or account. Using any information obtained from the Service to harass, abuse, or injure another person. Accepting money of any kind from a third party in exchange for doing any commercial activity on or via the Service on that person’s behalf. Using the Service in a way that violates any and all relevant laws and regulations.

Activities that are harmful, abusive, illegal, threatening, harassing, blasphemous, immoral, defamatory, obscene, pornographic, paedophilic, libellous, invading another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating to, or encouraging money laundering or illegal gambling, or harms or could harm minors in any way, or otherwise unlawful in any way. Any behavior that harasses, degrades, intimidates, or is hostile to any individual or group of individuals because of their religion, gender, sexual orientation, race, ethnicity, age, or handicap.

Any behavior that violates any relevant equal employment legislation, including but not limited to those that prohibit indicating a preference or requirement in any job posting based on the applicant’s race, color, religion, sex, national origin, age, or handicap. Any action that contains personal or identifiable information about another individual without the explicit agreement of that person. Any action that impersonates a person or entity, including but not limited to a fortunaze employee, or falsely declares or otherwise misrepresents an association with a person or entity is prohibited.

Any conduct that deceives or misleads the recipient regarding the origin of such messages, or that sends material that is extremely offensive or frightening in character. Furthermore, You agree not to:

Contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose; use automated means, such as spiders, robots, crawlers, data mining tools, or the like, to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

Also, strive to obtain unauthorized access to fortunaze’s computer systems or participate in any conduct that disrupts, degrades the quality of, interferes with the performance of, or affects the functioning of the Platform (fortunaze Website/ fortunaze App). Any content that You post will be subject to relevant laws and may be blocked or investigated in accordance with applicable laws. Furthermore, if You are found to be in violation of such laws and regulations, we retain the right to cancel Your account/block Your access to the Platform (fortunaze Website/ fortunaze App), or any portion of it, and we reserve the right to remove any non-compliant content posted by You.

You are completely liable for any repercussions, losses, or damages we may incur, directly or indirectly, or suffer as a result of Your activity.

Payment Gateway

If You make a payment for Our Services using our Platform (fortunaze Website/ fortunaze App), the information You supply will be sent immediately to our payment provider over a secure connection. The card holder must keep a copy of the transaction records as well as the merchant’s policies and restrictions. Multiple transactions on the card holder’s monthly statement may result in multiple postings. The product prices stated per unit on Our Platform (fortunaze Website/ fortunaze App) include VAT. Users may be charged in AED Dirhams (United Arab Emirates Dirhams) or any other currency, depending on where they use the site and the type of Credit Card they use. In such circumstances, there may be minor differences in values due to fluctuations in foreign exchange rates.

Refund Cancellation Policy

All sales are final, with no refunds or exchanges. For any defective items, fortunaze will only replace the damaged product, subject to any warranties and/or guarantees offered by the product’s manufacturer. fortunaze shall have no obligation or responsibility for any flaw in a Prize provided. Other types of refunds are not permitted.

Intellectual Property Rights

The Platform (fortunaze Website/ fortunaze App) and its materials, including without limitation, the p, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the likeMaterials, as well as the trademarks, service marks, and logos contained therein Marks, are owned or licensed by fortunaze and are protected by copyright and other intellectual property rights under UAE and foreign laws and international conventions.

The Platform (fortunaze Website/ fortunaze App) may display some intellectual property items belonging to third parties in conjunction with the Services. The use of these items may be subject to licenses given to fortunaze by third parties.

In no circumstances will You reverse engineer, decompile, or disassemble such products, and nothing contained herein shall be deemed to grant You any right in connection to such goods. The Platform (fortunaze Website/ fortunaze App)’s materials are provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written consent of the respective owners.

fortunaze maintains all rights to the Platform (fortunaze Website/ fortunaze App) and the Materials that are not expressly given below. You undertake not to use, copy, or distribute any of the Materials in any way other than as specifically allowed above, including any use, copying, or distribution of Materials received from third parties through the Platform (fortunaze Website/ fortunaze App) for commercial reasons.

You undertake not to circumvent, disable, or otherwise interfere with the Platform (fortunaze Website/ fortunaze App)’s security mechanisms or those that prohibit or restrict the use or copying of any Materials, or to impose limits on the use of the Platform (fortunaze Website/ fortunaze App) or the Materials included within. Copyright protects content presented on or through the provision of services as a collective work and/or compilation under copyright laws, other laws, and international treaties.

It is explicitly prohibited to reproduce, modify, create derivative works from, or redistribute the Platform (fortunaze Website/ fortunaze App), the Materials, or the collective work or compilation. It is explicitly prohibited to copy or reproduce the Platform (fortunaze Website/ fortunaze App), the Materials, or any component thereof for future reproduction or redistribution.

User Submissions

You acknowledge that a variety of things can go wrong when using the Platform (fortunaze Website/ fortunaze App) and the Services made available through the Platform (fortunaze Website/ fortunaze App). You accept full responsibility and accountability for these occurrences, and you will have no recourse against fortunaze if they occur. When You use the Platform (fortunaze Website/ fortunaze App), You will be exposed to Materials from a variety of sources, and You agree and assume all liability for Your use, to the extent permitted by applicable law. fortunaze is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and You agree and assume all liability for Your use.

You may also be exposed to Materials that are inaccurate, offensive, indecent, objectionable, defamatory, or libelous, and, to the extent permitted by law, You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against fortunaze in connection with such Materials.

Digital Media

You agree to the use of Your name if You are the Winner of any of the Campaigns. This includes, but is not limited to, the use of Your name in local and regional news, on the Platform (fortunaze Website/ fortunaze App), and on any social (online) media profile linked to Us. You agree that We may use any and all digital records generated by Us, including but not limited to images, videos, and call recordings of the Prize, the winning phone call, and the Prize collection, on the Platform (fortunaze Website/ fortunaze App) and on any social (online) media profile linked with Us. Images and/or audio recordings of the Winner and/or their name may be included in these digital records.

Limitations of Liability

To provide a dependable and entertaining service, bugs must be fixed, upgrades must be installed, and general diagnostics and maintenance must be performed. We cannot guarantee that the Platform (fortunaze Website/ fortunaze App) and Services will always be available, uninterrupted, problem-free, omission-free, or error-free. To the extent permitted by law, the Platform (fortunaze Website/ fortunaze App)’s and Services’ content and functionality are provided as is, with no explicit or implied warranties of any kind.

The Platform (fortunaze Website/ fortunaze App)’s information may not always be correct. We rely on data from third parties to offer the information featured on the Platform (fortunaze Website/ fortunaze App). We work with Our partners to ensure that the data is true and up to date, but we cannot promise that it will always be.

In no event will fortunaze or any of Our data providers be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages arising from Your use of or inability to use the App, including, but not limited to, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In addition to the limitations of warranties set out above, You explicitly recognize and agree that any claim you may have against Us will be limited to the amount You paid to Us, if any, for use of our Platform (fortunaze Website/ fortunaze App) and/or Services.

Indemnity

You agree to defend, indemnify, and hold fortunaze and its affiliates and subsidiaries, as well as its and their officers, directors, shareholders, successors, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all claims, damages, obligations, losses (whether direct, indirect, or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
(i)Your violation of any of the terms of this User Agreement;
(ii) Your violation of any third-party right, including, but not limited to, any copyright, trademark, trade secret, or other property, or privacy right;
(iii) Your use of the Platform (fortunaze Website/ fortunaze App) or Service, or
(iv) any allegation that the Platform (fortunaze Website/ fortunaze App), Services, or Materials caused You or a third party harm. This responsibility to defend and indemnify shall survive the termination, modification, or expiration of this User Agreement and Your use of the Service and the Platform (fortunaze Website/ fortunaze App).

No Spam Policy

Sending unsolicited email ads or other unsolicited messages to fortunaze email addresses or through fortunaze information systems is explicitly banned by these Terms.

Any unlawful use of fortunaze computer systems is a violation of this User Agreement as well as several applicable laws, most notably the UAE Cybercrime legislation. Such infractions may result in civil and criminal fines for the sender and his or her representatives. Please keep in mind that the UAE Cybercrime Act entails severe penalties, including prison.

If You plan to solicit or contact Our Users by acquiring their email or phone numbers via Our Platform (fortunaze Website/ fortunaze App), we may report this activity to the appropriate authorities, who may then elect to punish You under UAE law.

Limitation and Termination of Service

fortunaze reserves the right to impose limits on your use of the Service at any time, including the maximum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that the Service may transmit or store, and the frequency with which You may access the Service or the Platform (fortunaze Website/ fortunaze App).

fortunaze retains the right, with or without notice, to change or terminate the Service on the Platform (fortunaze Website/ fortunaze App) (or any part thereof), and fortunaze shall not be responsible to You or any third party for any such modification, suspension, or discontinuance of the Service.

You acknowledge and agree that fortunaze has the right (but not the obligation) to delete or deactivate Your account, block Your e-mail or IP address, or otherwise terminate Your access to or use of the Service or Platform (fortunaze Website/ fortunaze App) (or any part thereof) immediately and without notice for any reason or no reason at all. Furthermore, You agree that fortunaze will not be responsible to You or any other person in the event that Your access to the Platform (fortunaze Website/ fortunaze App) or the Service is terminated.

Assignment

You may not transfer or assign these Terms or any rights or licenses granted hereunder, but fortunaze may do so without limitation. Any assignment or transfer made by You is invalid.

General Information

fortunaze’s omission to assert or enforce any right or term of this User Agreement shall not be construed as a waiver of such right or provision.

If a court of competent jurisdiction finds any provision of this User Agreement to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, We and You agree that the court should endeavor to give effect to Our intentions as reflected in this User Agreement.

If any term or sections of this User Agreement are found to be invalid, unlawful, or unenforceable, the validity, legality, and enforceability of the other elements of this User Agreement will not be altered or damaged in any manner.

YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE PLATFORM (fortunaze WEBSITE/ fortunaze APP) MUST BE STARTED WITHIN A REASONABLE TIME AND, IN ANY EVENT, WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Governing law and Dispute Resolution

Any dispute arising out of or in connection with this User Agreement, including any question about its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the Dubai International Financial Centre’s Courts. The laws of the Dubai International Financial Centre will govern and be construed in conformity with this Agreement.

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