For Grant Applicants USER AGREEMENT THE USER AGREES THAT THE USE OF THIS WEBSITE (https://esource.expo2020dubai.ae) IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER HAS AGREED TO OBSERVE ALL TERMS & CONDITIONS OF USE. The Terms and Conditions of Use are important and are there for the protection of both you and Expo Dubai 2020 LLC (to include where relevant the Service Provider). Before submitting an account registration form and/or using the System, please read all of this Agreement carefully. The access or use of the Website by all Users and/or Grant Applicants, in any way, shall be deemed to constitute their acknowledgment, acceptance and confirmation of the Terms of Use without further action. If at any time you do not agree with any part of this Agreement, you must discontinue use of the Site immediately. Expo Dubai 2020 LLC reserves the right to make changes to the information, design and services provided on the Website without notice and without liability. Expo Dubai 2020 LLC reserves the right to add, amend or vary the Terms of Use by publishing notice of such changes on the Website and the continued use of the Website will signify your acceptance of any such changes from time to time. 1. Definitions and Interpretations 1.1 The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of this Agreement. 1.2 Words imparting the singular shall include the plural and vice versa. Words imparting a gender include every gender and references to persons include an individual, company, corporation, firm or partnership. 1.3 The words and phrases "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible. 1.4 References to any statute or statutory provision shall include (i) any subordinate legislation made under it, (ii) any provision which it has modified or re-enacted (whether with or without modification), and (iii) any provision which subsequently supersedes it or re-enacts it (whether with or without modification). 1.5 All references in this Agreement to Clauses are to the clauses to this Agreement and references to Sections are to sections of this Agreement unless otherwise stated. 1.6 The words stated below shall have the following meanings wherever stated in this Agreement: Agreement means this User Agreement plus all other terms and conditions applicable from time to time.
Expo Dubai 2020 LLC and/or We means a duly registered company in the Dubai Economic Department under license number 664223. Confidential Information means confidential, commercial, financial, marketing, technical or other information, know-how, trade and other information in any form or medium whether disclosed orally or in writing before or after the date of this User Agreement, together with any reproductions of such information in any form or medium or any parties of this information. Confidential means that the information, either in its entirety or in the precise configuration or assembly of its components, is not publicly available. Force Majeure means any cause affecting the performance by either Expo Dubai 2020 LLC or the Service Provider of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Grant Application means a type of application exercise or transactions conducted on the System where the Applicant submits a request for grant funding. It may include an on-line registration, abstract submission, full proposal submission, and any additional documentation related to or require towards completed the above. Grant Applicant means a user who has completed the registration process and accepted to be bound by this User Agreement and by the policies set out by Expo Dubai 2020 LLC. Helpdesk means the facility provided by to handle support queries and issues raised by Grant Applicants. Intellectual Property means any patent, copyright, database right, moral right, design right (whether registered or unregistered), trade mark, service mark, domain name, know-how, utility model, unregistered design or, where relevant, any application for any such right, or other industrial or intellectual property right. System means the e-sourcing System provided for Users to participate in grant applications. User and/or You means any person accessing any part of this Website or receiving email notifications including Grant Applicants. Service Provider means Tejari Solution FZ LLC. Working Days means 08:00-17:00 Sunday to Thursday in the United Arab Emirates; excluding official Holidays. Written Notification of Award means Expo Dubai 2020 LLC s standard grant award process identified for each grant application that shall be expressly initiated by Expo Dubai 2020 LLC and may entail a preliminary e-mail advising the Grant Applicant of the grant award process. Website and/or Site mean (http://esource.expo2020dubai.ae) and all subpages thereof excluding links to external sites.
2. The Agreement 2.1 This Agreement between < Expo Dubai 2020 LLC > e-sourcing Portal and the User governs the access and use of the e-sourcing System (the System) to respond to an invitation from Expo Dubai 2020 LLC to participate in a Grant Application. 2.2 The System is provided by the Service Provider and operated by Expo Dubai 2020 LLC. This Agreement applies to the User s and Grant Applicant s access to and use of the System. The User acknowledges that by accessing the System using the user ID and password provided by, or on behalf of Expo Dubai 2020 LLC, the User agrees to be bound by this Agreement. 2.3 The Grant Applicant shall only use the System to respond to an invitation to participate in a Grant Application in accordance with this Agreement and any further rules expressed and presented in the System. In the event that there is any conflict between this Agreement and any such further rules, then the provisions of such further rules shall take precedence over this Agreement. 3. Access 3.1 Expo Dubai 2020 LLC grants to the User, free of charge, access to the System for the purpose of responding to any invitation to participate in a Grant Application, subject to this Agreement. 3.2 The information contained in this Website is intended, solely to provide a Grant Application notification service for the personal use of the Grant Applicant, who accepts full responsibility for its use. 3.3 Subscription to the Website shall constitute one User license. This means that only one user has access to Grant Application details per subscription. Access to Grant Application details is provided by means of a username and password, which may not be given out to others for use. Users are allowed to access the Website to view, and download the information and documents from the Website. 3.4 All information supplied by Expo Dubai 2020 LLC is subject to copyright and shall not be reproduced, copied, disclosed, provided or resold in either its original form or in any remixed form to any person other than the User. 3.5 The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to Expo Dubai 2020 LLC. 3.6 Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any purpose that is unlawful or prohibited by this Agreement. 3.7 While you may make duplicates of your Grant applications and modify within the site for ordering purposes, you agree not to publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. 3.8 Expo Dubai 2020 LLC reserves the right to terminate this Agreement and cancel any subscription without notice.
4. Registration 4.1 To be granted access to the System, the Grant Applicant must register each person which wishes to use the System by providing the required registration data and specifying a user ID and password. 4.2 When User subscribes to the System, it will receive a unique login ID (email address) and password. Grant Applicant will be sent a confirmation email to confirm and activate his account, allowing him to access Grant applications. 4.3 User ID and password are strictly personal to the Grant Applicant and nontransferable. The User shall ensure that it does not divulge or disclose its user ID or password to third parties. In the event that the User or a Grant Applicant becomes aware that a user ID and / or password may have been divulged, disclosed or discovered by any third party, they shall immediately notify the Helpdesk. 4.4 The User must immediately inform the Helpdesk in the event that a Grant Applicant no longer requires access to the System. Expo Dubai 2020 LLC retains the right to deactivate a User user id and password if there has been no access for a period of sixty (60) days. 4.5 The User s transaction is not complete until he clicks the "submit" button. Expo Dubai 2020 LLC will send an electronic acknowledgement to User that the transaction has occurred. 4.6 YOU MAY NOT ACCESS ANY SERVICE USING THE NAME OR PASSWORD OF ANY OTHER PARTY. UNAUTHORIZED ACCESS TO ANY SERVICE IS A MATERIAL BREACH OF THIS AGREEMENT AND MAY BE A VIOLATION OF LAW. YOU ASSUME ALL RESPONSIBILITY FOR ANY CLAIM, DEMAND OR DAMAGE RESULTING FROM ANOTHER PARTY OBTAINING YOUR PASSWORD. EXPO DUBAI 2020 LLC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REFUSE ANY GRANT APPLICATION TO ANYONE AT ANY TIME. 4.7 The User is responsible for maintaining the confidentiality of its details and subsequent registered usernames and passwords. The User is responsible for ensuring that all of its details (including information and documentation) are complete, valid, accurate and up-to-date. 4.8 Failure by the User to maintain or update its details or to ensure the accuracy or completeness of its details may result in suspension and/or termination of the User s account. 4.9 If the security or confidentiality of company details or a username or password assigned to a Grant Applicant is compromised, arising by reason, the Grant Applicant MUST immediately notify the Helpdesk by email (esource.support@expo2020.ae) and comply with all its directions. 4.10 The User s administrator(s) is/are responsible for ensuring that all users are granted appropriate access to accounts created by them and fully comply with this password policy and the Terms of Use. 5. Invitation to Participate 5.1 Expo Dubai 2020 LLC shall send, through the System, an invitation to participate in a specific Grant Application to appropriate Users that have been activated on
the System as described in the Agreement. Data and information relating to a specific Grant Application shall be made available to Users. 5.2 Expo Dubai 2020 LLC shall configure the System as appropriate for each Grant Application. The selected configuration settings for a Grant Application shall be displayed on the System for Grant Applicants to view. 5.3 All material issued through the System in connection with the Grant Application shall remain the property of Expo Dubai 2020 LLC and shall be used only for the purpose of this Grant Application. 5.4 IN ORDER FOR YOU TO PARTICIPATE IN ANY GRANT APPLICATION ON THE SITE, YOU MAY BE REQUIRED TO PROVIDE ADDITIONAL INFORMATION. REGISTRATION WITH THE SITE DOES NOT CONFER OR IMPLY ANY SPECIAL CONSIDERATION TO YOU BY EXPO DUBAI 2020 LLC. EXPO DUBAI 2020 LLC RESERVES THE RIGHT TO DETERMINE YOUR ELIGIBILITY TO SUBMIT GRANT APPLICATIONS. IT IS YOUR RESPONSIBILITY TO INSURE THAT THE INFORMATION YOU SUBMIT TO THIS SITE IS CURRENT AND ACCURATE (INCLUDES EMAIL ADDRESS, FAX AND TELEPHONE NUMBERS, ETC.). EXPO DUBAI 2020 LLC IS NOT RESPONSIBLE FOR TECHNICAL OR MECHANICAL PROBLEMS AFFECTING YOUR FAX OR COMPUTER EQUIPMENT. YOU AGREE TO ACCEPT PERIODIC FACSIMILE AND EMAIL NOTICES FROM US. 6. User's Obligations 6.1 The User shall ensure that all its administrator(s) comply with this Agreement. 6.2 The User shall use all reasonable care and skill in performing its obligations under this Agreement. 6.3 The User shall provide software to ensure the security of the System and use best endeavors to protect the System from viruses when being accessed and used by its administrator (s). 6.4 The User shall use the System for lawful and proper purposes only and shall, in any event, comply with all relevant laws, regulations and Codes of Practice within the United Arab Emirates or other jurisdiction from which User is accessing the System. 6.5 In particular, the User agrees that it will not: Manipulate any information supplied on the System in a manner that would lead to inaccurate, misleading or discriminating presentation of information being displayed; Use the System in a manner which causes or may cause an infringement of the rights of any other; Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the System, including uploading or making available files containing corrupt data or viruses via whatever means. Upload, post or otherwise transmit any data or content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, frivolous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; Be subject to child labor activities that contradicts the provisions of the UAE labor Law.
Impersonate any person or entity (including, but not limited to Expo Dubai 2020 LLC s officials) or falsely state or otherwise misrepresent affiliation with a person or entity or provide false information; Upload, post or otherwise transmit any content that users do not have a right to transmit under any law or under contractual, legal or fiduciary relationships (such as inside information, or proprietary and confidential information owned by third parties); Upload, post or otherwise transmit any content that infringes any patent, trademark, trade, copyright or other proprietary rights of any person; Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional matter, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 6.6 The User agrees that its administrator (s) shall act as authorized agents for and on behalf of the User in submitting any response to any invitation to participate in a Grant Application on the System. 6.7 The User shall be responsible for any unauthorized, false or fraudulent response to any invitation to participate in a Grant Application that is submitted using one of its administrator s user id and password. 6.8 The User represents and warrants that: All information it provides will be accurate and complete and shall accurately represent the User s capabilities; It shall have the right, through actual ownership or otherwise, to provide any product or service or grant funded activity that is the subject of any response made by it to any invitation to participate in a Grant Application; 6.9 Users who suspect that any user is breaching the Terms of Use should report the matter to Expo Dubai 2020 LLC by e-mail using the following address: esource.support@expo2020.ae 7. General Provisions for the Submission of Responses 7.1 Grant Applicants are expected to examine the entire file attachments published in the System, which indicate what information must be provided. Grant Applicant must provide all of the items of information requested in the Grant Application. Incomplete submission of the information requested including the submission of information in file attachments containing viruses that have been advised by the System shall entitle Expo Dubai 2020 LLC to invalidate or reject the response to the Grant Application. 7.2 Grant Applicants must ensure that they give themselves sufficient time to complete all questions, upload all documentation and submit all required Grant Application documentation (including all requirements under the Grant Application) before the deadline for receipt of responses has passed. Prospective Grant Applicants should be aware that the Submit button will be disabled automatically upon the expiration of the specified submission deadline. 7.3 All responses to any invitation to participate in a Grant Application must be
submitted through the System by the closing date and time as specified on the System. 7.4 Grant Applicant shall be entitled to submit one or more responses prior to the closing date and time. It is understood that the last response submitted prior to the closing date and time shall be the response that is considered by Expo Dubai 2020 LLC in the evaluation and award process. 7.5 The Grant Applicant agrees to keep any responses valid for a period of ninety (90) days from the closing date and time for the submission of responses, unless any other period is specified in the terms and conditions of the Grant Application. 7.6 In case of discrepancies, the last response (in accordance with the provisions of paragraph 7.4) submitted through the System shall prevail over the contents of a file, attachments and other documents made available by the Grant Applicant during the Grant Application. 8. Amendments to a Grant Application 8.1 The Grant Applicant acknowledges that Expo Dubai 2020 LLC reserves the right to: Suspend and re-open or cancel a Grant Application or extend the closing date and time; and/or Vary or amend the details of a Grant Application, At any time prior to the closing date and time for receipt of response by publication of a notification through the System and without incurring any liability whatsoever; 8.2 The Grant Applicant acknowledges that in the event of a suspension and subsequent re-opening of a Grant Application, the Grant Application will resume on the basis of the last response recorded by the Grant Applicant through the System. 9. Intellectual Property Rights 9.1 All Intellectual Property Rights in the System are owned by, or are under license to Expo Dubai 2020 LLC. 9.2 The User shall have no Intellectual Property Rights in the System, nor shall it have any rights to copy, adapt, modify or interfere with the System. 9.3 The System may include Expo Dubai 2020 LLC's logo and/or trade mark. The User acknowledges that it may not copy, use, or mask Expo Dubai 2020 LLC's logo and/or trademarks which appear on the System without the prior consent of Expo Dubai 2020 LLC. 9.4 YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT AND MATERIALS AVAILABLE ON THIS SITE OR PROVIDED TO YOU BY EXPO DUBAI 2020 LLC ARE PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS LAWS. EXCEPT AS EXPRESSLY AUTHORIZED BY EXPO DUBAI 2020 LLC, YOU AGREE NOT TO SELL, LICENSE, RENT, DISTRIBUTE, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLISH, ADAPT OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT. SYSTEMATIC RETRIEVAL OF DATA OR OTHER CONTENT FROM THIS SITE TO CREATE DIRECTLY OR INDIRECTLY, OR DIRECTORY WITHOUT WRITTEN PERMISSION FROM EXPO DUBAI 2020 LLC IS PROHIBITED. USE OF SUCH CONTENT OR MATERIALS FOR ANY PURPOSE NOT
EXPRESSLY PERMITTED IN THESE TERMS OF USE IS PROHIBITED. 10. Data Protection 10.1 In its use and access of the System, the User shall comply with the applicable UAE laws. User agrees not to hold the Service Provider, or Expo Dubai 2020 LLC, liable for any publication of news, or comments pertaining to the User s. User s use of the System signifies its and Users consent allowing the Service Provider, or Expo Dubai 2020 LLC, to disclose any information to anybody at any time. User agrees not to hold the Service Provider, or Expo Dubai 2020 LLC, liable for any disclosure of such information to anyone. 10.2 The Service Provider, on behalf of Expo Dubai 2020 LLC, will collect, hold and use personal information obtained from and about the Users. The User agrees to such information being collected, held and used in accordance with this Agreement and its obligations under the applicable UAE laws. 10.3 In the event that you transmit or otherwise transfer material to the website, Expo Dubai 2020 LLC and Service Provider have no responsibility or liability for the accuracy, veracity and completeness of same for use in any public Grant Application. 10.4 Downloaded Grant Application documentation from the website may not be amended, altered or modified in any way. Grant Application documentation or information on the Website may not be reproduced without the prior written consent of Expo Dubai 2020 LLC and the owner/provider of the documentation or information concerned. 10.5 You understand that all information you provide will be maintained by the Site as confidential according to the terms of our standard Privacy Policy, as stipulated in this Agreement and published from time to time on the Site. 10.6 The Site contains links to third party web sites solely as a convenience to you and not as an endorsement by Expo Dubai 2020 LLC of the contents on such third party web sites. Expo Dubai 2020 LLC is not responsible for the contents of the third party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access them, you do so at your own risk. To the extent permitted by law, Expo Dubai 2020 LLC makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Expo Dubai 2020 LLC will not be responsible for any actual or consequential damages that result from a lapse in compliance with this Agreement or the Privacy Policy because of a security breach or technical malfunction. 11. Disclaimer ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. EXPO DUBAI 2020 LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE, EXPO DUBAI 2020 LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. EXPO DUBAI 2020 LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. EXPO DUBAI 2020 LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. EXPO DUBAI 2020 LLC IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF SERVICES THROUGH THIS SITE (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE. Expo Dubai 2020 LLC and Service Provider do not accept responsibility for and shall not be liable, either in contract or in tort, for any direct, incidental, consequential, indirect loss or any other losses, costs, expenses or damage of any kind caused as a result of using the website in any respect including: Non-availability of the website; Delays in uploading files; Accuracy, suitability, usefulness, and completeness or otherwise of the information and data contained on the website; Interruptions; Any errors in transmission or downloading documentation from the website; Unavailability, incompleteness or inaccuracy of data displayed or uploaded by Users; Breach of the Terms of Use by a User; External url links; Loss of data or information; or information Non-adherence by any User to the stipulated procedural requirements (including deadlines) which apply to Grant applications; 12. LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXPO DUBAI 2020 LLC, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. FURTHER, THE USERS OF THE SITE ARE INDEPENDENT AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A GRANT APPLICANT, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A USER, OR AN ACT OF GOD. 13. RELEASE AND INDEMNIFICATION The Site acts as a venue for submitting bids, grant applications, tenders, finding services, business leads, communication (the Services ) and does not screen or censor the listings offered. Expo Dubai 2020 LLC does not guarantee the quality, legality, truth or accuracy of the listings and/or Services. You assume all risks associated with dealing with other Users with whom you come in contact through the Site. Because User authentication on the Internet is difficult, Expo Dubai 2020 LLC cannot and does not confirm that each User is who they claim to be. In the event that you have a dispute with another User, you hereby release Expo Dubai 2020 LLC, its employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree to defend and indemnify Expo Dubai 2020 LLC and the Covered Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or
expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of: your breach of this Agreement; your violation of any law or the rights of a third party; or your use of this Site in violation of this Agreement. 14. Breach of Terms of Use Pursuant to any breach of the Terms of Use, Expo Dubai 2020 LLC may take appropriate action including one or more of the following: Terminate, restrict or suspend User access to the whole or any part(s) of the Website and or its content or functionality and / or Remove or discard any content (including information, documentation or links) displayed on the Website. Upon termination of User access to the Website or any part or part(s) thereof for any reason, Users shall cease and shall have no authorizations, whether express or implied, to access or to use any information obtained through the Website. If a User account has not been used for a period of one (1) year, Expo Dubai 2020 LLC may enter into correspondence with the User, using the contact information supplied by the User, to request the User to use or terminate the account. Following this correspondence, if the User fails to use or terminate the account, within the timeframe stated in the correspondence, Expo Dubai 2020 LLC may terminate and/or suspend User access to the account. EXPO DUBAI 2020 LLC MAY AT ANY TIME, IN ITS SOLE DISCRETION, TERMINATE YOUR USER ACCOUNT AND ACCESS TO THE SITE AND ANY SERVICE. 15. Privacy Policy This Privacy Policy forms part of the Terms and Conditions of Use of this Website. If you do not agree with this Policy then you may not use this Website. Expo Dubai 2020 LLC may at its sole discretion, amend this policy from time to time at which time the amended policy will immediately come into effect in respect of continued usage of this Website. The Website is strongly committed to protecting the privacy of it s Users. Information collected about Users through their use of this Website is the property of Expo Dubai 2020 LLC. Expo Dubai 2020 LLC does not use or disclose information about the User s individual visits or information that he may give such as name, address, email address or telephone number, to any outside companies. While reasonable measures are taken to ensure the security and integrity of information submitted to this site, this Website can not under any circumstances be held liable for any loss or other damage sustained by a User or Users as a result of
the intentional or accidental release of information by an employee of Expo Dubai 2020 LLC or any third party. Expo Dubai 2020 LLC is not responsible for the content or privacy practices of External Links. Expo Dubai 2020 LLC respects the rights of users of the Website. For general web browsing no personal information is revealed to Expo Dubai 2020 LLC (however once a registered user is logged we do track what they are doing and we report on same), although certain statistical information is available to Expo Dubai 2020 LLC via its internet service provider. This information may include: The logical address of the server you are using; The top level domain name from which you access the Internet (for example,.i.e.,.com,.org, etc); The type of browser you are using; The date and time you access our site; The internet address used to link to our site. Some of the above information is used to create summary statistics, which allow Expo Dubai 2020 LLC to assess the number of visitors to the website, identify what pages are accessed most frequently and generally, help Expo Dubai 2020 LLC to make the Website more user friendly. 16. Confidentiality 16.1 Each party shall: Treat all Confidential Information as Confidential and safeguard it accordingly; Not disclose any Confidential Information to any third party without the prior written consent of the other party, except to such persons and to such extent as may be necessary for the performance of this Agreement: and Not use any Confidential Information otherwise than for the purposes of this Agreement. 16.2 The User shall take all necessary precautions to ensure that all Confidential Information obtained from the Expo Dubai 2020 LLC under or in connection with this Agreement: Is given only to such employee, consultant, sub-contractor, professional advisor or agent engaged to advise it in connection with this User Agreement as is strictly necessary for the performance of this User Agreement and then only to the extent necessary for each employee, consultant, sub-contractor, professional advisor or agent activities in the performance of this Agreement; Is treated as confidential and not disclosed (without prior written approval) or used by any employee, consultant, sub-contractor, professional advisor or agent otherwise than for the purposes of this Agreement; 16.3 The provisions of this Clause 16 shall not apply to any information: Which is or becomes public knowledge (otherwise than by breach of the obligations of confidentiality under this User Agreement);
Which is in the possession of the party concerned, without restriction as to its disclosure, before receiving it from the disclosing party; Which is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; or Is independently developed without access to the Confidential Information. 16.4 Nothing in this Agreement shall prevent Expo Dubai 2020 LLC from: Disclosing any Confidential Information which is required to be disclosed by an order of court or other tribunal or required to be disclosed in accordance with any law, statute, proclamation, by-law, directive, decision, regulation, rule, order, notice, rule of court, delegated or subordinate legislation parliamentary obligation; or Disclosing any information for the purpose of the examination and certification of the Expo Dubai 2020 LLC s accounts; or Disclosing any information obtained from the User to any person engaged in providing any services to Expo Dubai 2020 LLC for any purpose relating to or ancillary to this Agreement, provided that in disclosing information under this sub-paragraph Expo Dubai 2020 LLC discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence and that a confidentiality undertaking is given where appropriate. 16.5 In the event that the User fails to comply with this Clause, Expo Dubai 2020 LLC reserves the right to terminate this User Agreement with immediate effect. 16.6 The User acknowledges that Expo Dubai 2020 LLC is also subject to the UAE laws and shall assist and cooperate with Expo Dubai 2020 LLC in meeting its obligations thereunder. The User shall use all reasonable endeavors to ensure the observance of the provisions of this Clause by its sub-contractors. 16.7 The obligations of this Clause shall survive the expiry of this Agreement for a period of 5 years. 17. Amendments to User Agreement The User acknowledges that Expo Dubai 2020 LLC reserves the right to vary or amend this User Agreement by publication of a notification or message on the System or through an email or letter to the User. The amendments shall be deemed to have been accepted by the User unless the Helpdesk receives, within 7 days of the date of the notice under Clause 19.1, a written communication from the User expressing refusal of the amendments. In any case, the User s continued use of the System shall represent its unconditional acceptance of the amendments in its entirety. 18. Communicating with Users From time to time, emails from the Website will be issued to Users with Website pertinent information such as notification of changes, maintenance, technical issues, or requests to update User s information. Occasionally, surveys to establish User satisfaction with the Website may be issued, as well communications relating to public procurement.
19. Notices 19.1 All communications given under this Agreement shall be in writing and shall be: Served to the User, via e-mail, to the e-mail address the User has given upon registration (or to the latest email address that might have been updated following the initial user registration) or through the messaging facility available on the System; or Served to Expo Dubai 2020 LLC, via e-mail to esource.support@expo2020.ae or through the messaging facility available on the System; and Deemed to be received by the User on the same day as Expo Dubai 2020 LLC sending such e-mail to the User s registered e-mail address; 19.2 Either party to this Agreement may change its address for notification purposes by giving the other reasonable prior written notice of the new information and its effective date pursuant to this Clause 19. 20. Law and Jurisdiction This User Agreement and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of United Arab Emirates and shall be subject to the nonexclusive jurisdiction of the Courts of Dubai to which the parties irrevocably submit. 21. MISCELLANEOUS 21.1 The waiver by either party of any breach of this Agreement shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision. 21.2 If at any time any part of this Agreement is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from this Agreement and the validity and/or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired as a result of that omission. 21.3 Nothing contained either inside or outside this Agreement shall be taken as constituting: A contract, including any collateral contract, or any contractual term between the Expo Dubai 2020 LLC and any other party as to the procurement of any goods, services or works, including any potential service provider; or Any representation by or on behalf of Expo Dubai 2020 LLC. 21.4 The Expo Dubai 2020 LLC shall not be committed to any course of action as a result of: Issuing any invitation to participate in a Grant Application ; An invitation to submit any proposal in respect of a Grant Application; Communicating with a Grant Applicant in respect of this Grant Application; or Any other communication between Expo Dubai 2020 LLC and any other
party. 21.5 The User accepts and acknowledges that: Whilst every care has been taken to ensure that the data and information contained within an invitation to participate in a Grant Application is valid, the Expo Dubai 2020 LLC shall not accept liability for the accuracy, adequacy or completeness of such information and data; and That by issuing an invitation to participate in a Grant Application the Expo Dubai 2020 LLC shall not be bound to accept any response and it reserves the right to award a contract for some but not all of the requirements specified or not to award any contract at all; Expo Dubai 2020 LLC shall not accept any liability for any costs or expenses incurred by a User responding to any invitation to participate in a Grant Application. 21.6 The Expo Dubai 2020 LLC and the User acknowledge that, for the entire duration of the Grant Application, any dates and times shall be those displayed on the System and any other Helpdesk recording and telecommunications equipment, and such recordings shall represent a full account of the actual facts and circumstances. 21.7 The User acknowledges that the system will not allow it to view the identity of the other Users during a Grant Application. 21.8 The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement. This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. 21.9 Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 21.10 Expo Dubai 2020 LLC reserves the right, for any reason, in its sole discretion, to change or suspend any aspect of any Service or the Site, including, but not limited to, content, features or hours of availability. Expo Dubai 2020 LLC may impose limits on certain features of any Service or the Site or restrict your access to part or all of any Service or the Site without notice or liability. 21.11 You understand that the Website shall make commercially reasonable efforts to make its Site and Service available. However, Expo Dubai 2020 LLC is not responsible for any damages or losses related to any system errors or interruptions affecting its Site or any Service and the processing of any transaction related to any Service. You understand that the Site or Service may be unavailable unexpectedly as a result of circumstances beyond our control. 22. Website feedback Expo Dubai 2020 LLC welcomes your feedback and comments about this website. If you think there are any functional issues or out-of-date information on the website, please let us know. Please email the Helpdesk (esource.support@expo2020.ae) to tell us which suggestions you might have.
For esource Suppliers USER AGREEMENT THE USER AGREES THAT THE USE OF THIS WEBSITE (https://esource.expo2020dubai.ae) IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER HAS AGREED TO OBSERVE ALL TERMS & CONDITIONS OF USE. The Terms and Conditions of Use are important and are there for the protection of both you and The Bureau (to include where relevant the Service Provider). Before submitting an account registration form and/or using the System, please read all of this Agreement carefully. The access or use of the Website by all Users and Suppliers, in any way, shall be deemed to constitute their acknowledgment, acceptance and confirmation of the Terms of Use without further action. If at any time you do not agree with any part of this Agreement, you must discontinue use of the Site immediately. The Bureau reserves the right to make changes to the information, design and services provided on the Website without notice and without liability. The Bureau reserves the right to add, amend or vary the Terms of Use by publishing notice of such changes on the Website and the continued use of the Website will signify your acceptance of any such changes from time to time. 1. Definitions and Interpretations 1.1 The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of this Agreement. 1.2 Words imparting the singular shall include the plural and vice versa. Words imparting a gender include every gender and references to persons include an individual, company, corporation, firm or partnership. 1.3 The words and phrases "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible. 1.4 References to any statute or statutory provision shall include (i) any subordinate legislation made under it, (ii) any provision which it has modified or re-enacted (whether with or without modification), and (iii) any provision which subsequently supersedes it or re-enacts it (whether with or without modification). 1.5 All references in this Agreement to Clauses are to the clauses to this Agreement and references to Sections are to sections of this Agreement unless otherwise stated. 1.6 The words stated below shall have the following meanings wherever stated in this Agreement: Agreement means this User Agreement plus all other terms and conditions applicable from time to time. Auction and/or Tender means a type of procurement exercise or
transactions conducted on the System where Supplier submit bid simultaneously and abide by the procurement process imposed by the Bureau on a case by case basis. It may include a Pre-Qualification Questionnaire (PQQ), a Request for Information (RFI), an Request for Quotation (RFQ), an Invitation to Negotiate (ITN), an Invitation to Participate in Dialogue (ITPD), an Invitation to Submit Final Offer (ITSFO), Invitation to Submit Final Tender (ITSFT), a Best And Final Offer (BAFO), a Request for Proposal (RFP), a Request for Quotation (RFQ); an electronic Auction or an electronic Contract Bureau and/or We mean Bureau Expo Dubai 2020 Owner and operator of the Site. Confidential Information means, confidential, commercial, financial, marketing, technical or other information, know-how, trade and other information in any form or medium whether disclosed orally or in writing before or after the date of this User Agreement, together with any reproductions of such information in any form or medium or any parties of this information. Confidential means that the information, either in its entirety or in the precise configuration or assembly of its components, is not publicly available. Force Majeure means any cause affecting the performance by either the Bureau or the Service Provider of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Helpdesk means the facility provided by to handle support queries and issues raised by Supplier Users. Intellectual Property means any patent, copyright, database right, moral right, design right (whether registered or unregistered), trade mark, service mark, domain name, know-how, utility model, unregistered design or, where relevant, any application for any such right, or other industrial or intellectual property right. Supplier means a user who has completed the registration process and accepted to be bound by this User Agreement and by the procurement policies set out by the Bureau. System means the e-sourcing System provided for Users to participate in Tenders. User and/or You mean any person accessing any part of this Website or receiving daily Tender email notifications including Supplier. Service Provider means TejariSolution FZ LLC. Working Days means 08:00-17:00 Sunday to Thursday in the United Arab Emirates; excluding official Holidays. Written Notification of Contract Award means the Bureau s standard "Contract Award Process" identified for each Tender that shall be expressly initiated by the Bureau and may entail a preliminary e-mail advising the Supplier of the formal contract award process. Website and/or Site mean (http://esource.expo2020dubai.ae) and all subpages thereof excluding links to external sites.
2. The Agreement 2.1 This Agreement between <The Bureau> e-sourcing Portal and the User governs the access and use of the e-sourcing System (the System) to respond to an invitation from the Bureau to participate in a Tender. 2.2 The System is provided by the Service Provider and operated by the Bureau. This Agreement applies to the User s and Supplier s access to and use of the System. The User acknowledges that by accessing the System using the user ID and password provided by, or on behalf of the Bureau, the User agrees to be bound by this Agreement. 2.3 The Supplier shall only use the System to respond to an invitation to participate in a Tender in accordance with this Agreement and any further rules expressed and presented in the System. In the event that there is any conflict between this Agreement and any such further rules, then the provisions of such further rules shall take precedence over this Agreement. 3. Access 3.1 The Bureau grants to the User, free of charge, access to the System for the purpose of responding to any invitation to participate in a Tender, subject to this Agreement. 3.2 The information contained in this Website is intended, solely to provide a Tender notification service for the personal use of the Supplier, who accepts full responsibility for its use. 3.3 Subscription to the Website shall constitute one User license. This means that only one user has access to Tender details per subscription. Access to Tender details is provided by means of a username and password, which may not be given out to others for use. Users are allowed to access the Website to view, and download the information and documents from the Website. 3.4 All information supplied by the Bureau is subject to copyright and shall not be reproduced, copied, disclosed, provided or resold in either its original form or in any remixed form to any person other than the User. 3.5 The content and information on this Site, as well as the infrastructure used to provide such content and information, is proprietary to the Bureau. 3.6 Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any purpose that is unlawful or prohibited by this Agreement. 3.7 While you may make duplicates of your Tenders and modify within the site for ordering purposes, you agree not to publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. 3.8 The Bureau reserves the right to terminate this Agreement and cancel any subscription without notice.