1.1 These terms and conditions (the “Master Terms”), the Website Terms and the Purchase Agreement(s) (as defined below) together (the “Agreement”) govern the use by the Client (as defined below) of the following products and services provided by GULF PROJECTS and AL HILAL PUBLISHING & MARKETING GROUP WLL (the “Companies”) as applicable: (a) GULF PROJECTS online services available on www.gulfprojects.me and/or digital applications for which access has been purchased pursuant to the Purchase Agreement (the “Digital Sites and Services”); and/or (b) we agree to deliver to you a magazine through the post purchased in accordance with the Purchase Agreement (the “Printed Services”), (together the “Services”).
1.2 This Agreement is between AL HILAL PUBLISHING & MARKETING GROUP WLL commercial registration number 8315, a company incorporated in the Kingdom of Bahrain with limited liability whose office is PO Box 1100 Manama Bahrain (“GULF PROJECTS”), and the named recipient of the GULF PROJECTS Services on the Purchase Agreement.
1.3 Your acceptance of the Purchase Agreement constitutes an application to use the Services subject to the terms of this Agreement and by accessing and using the Services you confirm your agreement to be bound by them.
2.1 All references to “us, “our” and “GULF PROJECTS in this Agreement are intended to refer to the Companies (as defined above) and its affiliates and vice versa. All references to “you, “your” and “user” in this Agreement are intended to refer to the Client and all authorized users.
2.2 In the Agreement, the following words shall have the following meanings:
”Charges and Fees” means the charges and fees specified in the Purchase Agreement payable by the Client to Companies;
”Client” means the entity identified as such in the Purchase Agreement;
”Client Authorized Signatory” means any individual authorized by the Client to enter into legally binding agreements on behalf of the Client;
”Confidential Information” means all non-public information in any form, furnished or made available in connection with the Agreement by or on behalf of one party (“Disclosing Party”) to the (“Receiving Party”) which is marked confidential or restricted, or would be understood by a reasonable person in the Receiving Party’s position to be confidential;
”Effective Date” means the date when the Purchase Agreement is executed by the parties incorporating the Master Terms;
”Entity” means the legal entity comprising the Client, including the Client’s Affiliates;
”Notice of Cancellation” means written notice of termination of the Agreement served by the Client Authorized Signatory or an Authorized Signatory of the Companies no later than 60 days prior to the next Renewal Date;
”Purchase Agreement” means the purchase agreement or form, including any such form completed online, forming part of the Agreement which the Client completes to receive (a) the www.gulfprojects.me content; and/or the Services;
”Renewal Date” means the date on which each Renewal Term shall commence and being the date following the last day of the Term and each anniversary thereof;
”Renewal Term” means in relation to a Purchase Agreement for www.gulfprojects.me Content and/or GULF PROJECTS Services each automatic period of renewal following the Term which will have a duration equivalent to the Term for that Purchase Agreement;
”Services” means the GULF PROJECTS Digital Sites (www.gulfprojects.me ) and Services, Print Services such as magazines and any other services provided by GULF PROJECTS to the Client as are specified in the relevant Purchase Agreement, or as are ancillary to or an enhancement of the GULF PROJECTS Services;
”Sites” means all website(s) run by the Companies incorporating any GULF PROJECTS content;
”User” means each employee, consultant or contractor of the Client who has been nominated by the Client and agreed with GULF PROJECTS to have access to or otherwise be supplied with access to www.gulfprojects.me and content subscribed for by the Client;
”Registered IP Addresses” means the internet protocol addresses listed in the Purchase Agreement and associated with the Client’s premises;
”Website Terms” means the website terms governing use of www.gulfprojects.me as published on the sites (and as may be varied from time to time by GULF PROJECTS upon posting on the sites);
”GULF PROJECTS Authorized Signatory” means any individual on the Companies’ executive team authorized to enter into legally binding agreements on behalf of the Companies
”Subscription Period” means the period of time stated in the Purchase Agreement for which access to www.gulfprojects.me is granted;
”GULF PROJECTS Deliverables” means www.gulfprojects.me, Printed Services and any other related GULF PROJECTS Services described as such on the Purchase Agreement;
2.3 Any reference in the Agreement to the singular includes the plural and vice versa and words in one gender includes both genders;
3.1 Gulf Projects and www.gulfprojects.me are the intellectual property of Al Hilal Publishing and Marketing Group. Other product and company names mentioned on GULF PROJECTS may be trademarks of their respective owners.
3.2 The contents of the Service and the www.gulfprojects.me website are protected by applicable copyright laws. No text, graphics, video, audio, software code, or user interface design or logos may be copied, distributed, modified, uploaded, transmitted, posted, framed or distributed in any way without prior written permission of the Company, except that Subscribers may download, display, or print one copy of the materials contained on the Service for personal, non-commercial, home use, provided that Subscriber keeps intact all copyright, watermarks, trademark, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is an infringement of the Company's its affiliates' or its third-party information providers' copyrights and other proprietary rights.
We grant you a non-exclusive, revocable license to access for internal, personal, non-commercial purposes use of the website www.gulfprojects.me as our client. However, you are not permitted to:
4.1 Reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided.
4.2 Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology).
4.3 Use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website.
4.4 Engage in any activity that interferes with the website or another user's ability to use the website.
4.5 Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website.
4.7 Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
4.8 Not to print out or use electronic version of any part of www.gulfprojects.me or its Services for use by you or your affiliates in any litigation or arbitration matter .
5.1 When you telephone, email, submit order online by clicking on the “Submit Order” button, post or fax us with details of your order, you are making an offer to take out a subscription which, if accepted by us in writing to you, will result in a binding contract (see clause 5.3 below).
5.2 When placing your order online, your credit/debit card will be debited when you click “Submit Order”. Although you will either see an online confirmation page or receive an email acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point.
5.3 A legally binding contract is formed on the date we send you written confirmation of your order via email (the “Order Confirmation”). In relation to telephone orders, we will email a written confirmation of your order. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email or postal address or if your payment cannot be processed.
5.4 Upon you receiving the Order Confirmation of your subscription order, we agree to deliver to you a magazine through the post and grant you access to www.gulfprojects.me with a username and password for the period of subscription subject to these Terms and Conditions.
6.1 We reserve the right not to accept or process your subscription order for any reason. All orders are subject to validation checks and authorization by your payment card issuer.
6.2 We reserve the right not to fulfil, and to cancel, orders if we are unable to obtain payment authorization from the issuer of your payment card or cheque, or in the event of errors or mistake in advertised prices or your application.
7.1 You agree to pay to GULF PROJECTS, in advance, the non-refundable fee for access to the Services as specified in the Purchase Agreement (the “Fee”). All invoices, if applicable, in respect of the Fee are due and payable by you within 30 days of the date of the relevant invoice. You acknowledge that access to the Services may not be granted until payment of any Fee is received by GULF PROJECTS, and such access prior to payment of the Fee is granted at the sole discretion of GULF PROJECTS.
7.2 You are also responsible for all taxes and other government charges or fees, which GULF PROJECTS may add and bill to your account.
7.3 In addition to the charges set forth above, you may incur and are responsible for all charges associated with connecting to the Digital Sites and Services, including all telephone access lines, Wi-Fi, broadband, telephone and computer equipment and any service fees necessary to access the Sites.
7.4 For the Services, you acknowledge and agree that GULF PROJECTS shall with effect from each anniversary from the start of your subscription be entitled to increase the Fee as it sees fit, without prior notification to you. Your continued use of the Services shall constitute your acceptance of the increased Fee.
7.5 Without prejudice to any other rights and remedies available to GULF PROJECTS, GULF PROJECTS shall be entitled to:
(a) Charge you statutory interest at the rate of 4% above the base annual rate of Barclays Bank Plc on any overdue amount under this Agreement, accruing on a daily basis from the due date until the date of actual payment of the overdue amount whether before or after judgment and compounding every 90 days.
(b) Charge an administration fee of $100 if any cheque drawn in its favor by the Client in purported satisfaction of any unpaid invoice is dishonored on presentation.
(c) instruct a debt collection agency (apart from Lawyers) to recover any sum due and in that case all charges incurred by GULF PROJECTS as a result of such instruction shall be payable by the Client in any event upon demand.
7.6 If you are acquired by or acquire a third party which itself possesses a subscription to the Services, with effect from expiry of either your subscription or the third party’s subscription (whichever occurs soonest), the parties may agree to replace or amend this Agreement to reflect the increased number of users and the accompanying increase in the Fee.
8.1 This Agreement shall commence on the date on which GULF PROJECTS accepts and provides you with written confirmation of your order and from the date you and any authorized users shall have access to the Services in accordance with the Purchase Agreement.
8.2 All our subscription contracts are for a minimum 12 month period including subscriptions which begin with introductory rates.
8.3 Your subscription shall automatically renew on each anniversary of the date of the Order Confirmation (“Renewal Date”) unless and until we receive at least 60 days’ prior written notification from you in advance of the next Renewal Date. For any Renewal year payment is due in advance of that Renewal Date and any grace period shall be at the sole discretion of GULF PROJECTS.
9.1 You may cancel your subscription at any time but we will not issue a refund based on a “no returns policy” where access has been given to the GULF PROJECTS services on receipt of payment.
9.2 Upon cancelation of your subscription we will terminate your online access immediately.
9.3 GULF PROJECTS may terminate Subscriber's use of the Services at any time without prejudice to any rights or obligations accruing prior to termination.
10.1 You warrant that the information you have given in the Purchase Agreement is accurate and complete.
10.2 It is your responsibility to update your registration data and promptly notify GULF PROJECTS of any changes to your information by contacting your account manager or our customer care online available at [email protected]
10.3 To use the Services, you must provide GULF PROJECTS with accurate and complete registration information.
10.4 As part of the registration process GULF PROJECTS shall assign you, or at the discretion of GULF PROJECTS, shall allow you to select, a user name and password. Each registration is for a single user only. The named recipient on the Purchase Agreement is deemed to be the single user of the assigned Digital Sites and Services subscription.
10.5 Each additional authorized user appointed by you shall be assigned (or selected at the discretion of GULF PROJECTS) a separate user name and password for website access will be activated once GULF PROJECTS has received the named users. Your access will start from the day of corporate account purchase and it is your responsibility to supply us with the names of users at your earliest convenience. No extension will be made beyond the length of the agreed subscription.
10.7 By activating a user’s access, the Client and the User agrees that he will not allow others to use his user name and password and he is solely responsible for maintaining the confidentiality and security of his account. The Client agrees to notify GULF PROJECTS immediately of any unauthorized use of their user name and password.
11.1 GULF PROJECTS hereby grants you a non-transferable, limited license to do the following, solely for your product design, development, inspiration, research and manufacturing purposes: view, download and print such Content and create derivative works of pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within the Content and use such works and your derivative works thereof on or in your products; provided, however your use is limited to non-commercial use only.
(a) Save in respect of items clearly marked “downloadable”, the following are strictly forbidden and represent a breach of this Agreement, unless prior written consent is obtained from GULF PROJECTS or the relevant third party Content provider:
(i) Incorporation of Content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;
(ii) Incorporation of Content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video, and CD ROMs;
(iii) Resale of Content in its original condition or in a digitally manipulated form;
(iv) Incorporation of names or likenesses of individuals from Content on or in your products;
(v) Incorporation of distinctive locations, buildings, businesses, personal property or products from Content on or in your products;
(vi) Use of GULF PROJECTS or third party trademarks, trade names or service marks on or in your products;
(vii) Distribution of Content to parties outside of the Client organization. However, you may provide pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within Content to your suppliers, vendors, independent contractors and consultants for the sole purpose of aiding you in connection with your product design, development, inspiration, research and manufacturing requirements only. The sharing of such works for the purposes stated in this paragraph, is at your discretion but in no way absolves you from the full responsibilities for all terms and conditions contained within this Agreement;
(viii) Use, or permitting the use of, data or information on the Sites for generating any statistical information which is sold, rented published, furnished or in any manner provided to a third party.
(b) GULF PROJECTS may provide news e-mail service, sms, or other prompts to new Content. Your use of the Content received through the e-mail news service, sms or other prompts will be subject to the terms and conditions of this Agreement.
(c) Copyright in any software that is made available to you for download from the Digital Sites and Services (Software) belongs to GULF PROJECTS or its Software suppliers. You may not install or use any Software unless you agree to be governed by the terms of any license agreement that accompanies or is included with the Software.
(d) You acknowledge that the Content is only for your general information and use and does not constitute any form of advice, recommendation or arrangement by GULF PROJECTS and is not intended to be relied upon by you in making any specific business or investment decisions. Any reliance by you upon any advice, opinion, statement or other information displayed or distributed through the Sites is at your sole risk.
(e) Any use of the Services other than as specifically permitted above is prohibited.
(f) Gulf Projects may sometimes act is a distributor (and not a publisher) of content supplied by third parties and subscribers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by those third parties, including information providers, are those of the respective author(s) or distributor(s) and not of the Company.
(g) Gulf Projects neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Gulf Projects employee spokespersons while acting in their official capacities. The Company is not responsible for any infringement of intellectual property rights or breach of any applicable law or regulation, including regulation in relation to financial services or the distribution of financial products, defamation, data protection, telecommunications (including regulations relating to excessive use, spamming or other abusive activities) or obscene, offensive or illegal content). Under no circumstances will the Company be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the Service. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Financial information offered on this site is not provided on a real-time basis. Gulf Projects does not guarantee the timeliness, sequence, accuracy, or completeness of the financial information provided on this site.
11.2 Your username and password are granted to you solely and you agree not to pass or transfer it to any third party.
11.3 You acknowledge and agree that we and our licensors own all intellectual property rights for the content delivered via the Services and all information accessed thereon. Except as expressly stated in this agreement, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the services, trademarks, information or articles delivered via the Services.
11.4 All rights in the Services are owned by us or our Licensors. No part of any content may be reproduced in any form without our prior written permission or as permitted by law. You may only use the printed content for your own requirements in the course of your own business as per Clause 11.1.
11.5 We use reasonable endeavors to ensure that all information delivered via the Services is accurate and up-to-date at the time of publication, but all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.1 GULF PROJECTS accepts display banners from third parties which are placed on the website. These display banners may contain cookies. Cookies received via third party advertising are collected by external parties and therefore GULF PROECTS does not have access or control of this information. We would urge our users to read our affiliates privacy statements for further information.
12.2 Advertisers and sponsors are responsible for ensuring that MATERIAL submitted for inclusion on Gulf Projects is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's MATERIALs.
12.3 Some advertisers and third parties (including Google and Google AdSense) may utilize technology such as cookies that could collate information such as your IP address, your ISP, information regarding the browser you used to visit gulfprojects.me and the sites visited after visiting gulfprojects.me. These types of technology are generally used for geotargeting or retargeting purposes.
12.4 Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our Terms and Conditions and Privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
12.5 We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of CONTENT on GULF PROJECTS You understand that the information and opinions in the third party CONTENT represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect on GULF PROJECTS views.
You acknowledge that the software, inventions, know-how, databases, data compilations, methods, processes, designs and architecture underlying the Digital Sites and Services (“Technology”) are protected by intellectual property rights. You agree that you will not (and will not allow any third parties to):
(a) Use any device, robot, spider, other automatic software or device, or any manual process, to interfere or attempt to interfere with the proper working of the Sites, or to monitor use of the Sites, without GULF PROJECTS’ prior written permission;
(b) Take any action that imposes an unreasonable or disproportionately large load on the Digital Sites and Services infrastructure;
(c) Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Technology (except that the foregoing restrictions shall only apply to the extent they are allowable under applicable law);
(d) Use any network monitoring or discovery software to determine the Digital Sites and Services architecture, or extract information about usage, individual identities or users;
(e) Circumvent, disable, or otherwise interfere with security-related features of the Digital Sites and Services, including any features designed to prevent, limit, or restrict use or copying of any Content;
(f) Bypass robot exclusion headers or other similar measures GULF PROJECTS may use to prevent or restrict access to, or caching of, the Digital Sites and Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH GULF PROJECTS ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED HEREIN. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH GULF PROJECTS OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
15. 1 If Printed Services are part of your subscription we will deliver the magazines to the address you supply to us when you place your order.
15. 2 You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address.
15. 3 We reserve the right to dispose of incorrectly addressed magazines and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
15. 4 We will not be liable to you for any delay in delivery or non-delivery of Printed Services in the following circumstances:
(a) where the issuer of your payment card or cheque refuses to authorize payment to us;
(b) where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, acts of terrorism, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, excessive snow fall, government act, act of God, legislative constraints, strikes, labor disputes or malicious damage involving employees.
16.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
16.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer or other internet-enabled device. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalized service. They enable us to estimate our audience size and usage pattern; to store information about your preferences, and so allow us to customize our site according to your individual interests; to recognize you when you return to our site.
17.1 You warrant that you shall:
(a) comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Foreign Corrupt Practices Act 1977;
(b) comply with such of GULF PROJECTS’s anti-bribery and anti-corruption policies as are notified to you from time to time;
(c) promptly report to GULF PROJECTS any request or demand for any undue financial or other advantage of any kind received by or on your behalf in connection with the performance of this Agreement. Breach of this paragraph 17.1 shall be deemed a material breach of this Agreement.
18.1 Our liability to you in the event of magazines being lost in dispatch shall be limited to replacement of the missing issue if notified within 2 months of date of issue.
18.2 We will not be liable for any claims, losses, including but not limited to direct, indirect, special, economic and consequential loss or damage (including but not limited to loss of profits, loss of revenue or loss of goodwill), whether in contract, negligence or other tortious action arising out of or in connection with the subscription and our publication.
18.3 To the extent permitted by law we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
18.4 You agree to indemnify and hold GULF PROJECTS and its employees, agents, officers, directors and other representatives harmless from and against all costs, losses, liabilities and expenses (including legal fees) which GULF PROJECTS may suffer or incur, in connection with or arising from your or your authorized users breach of this Agreement, use of the Site, use of Content or unauthorized use of your or any of your authorized users user name and pass word.
18.5 These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
18.6 You agree to comply with all local rules of your country regarding online Conduct and acceptable Content. Please note that information published on the Sites may refer to products, programs or services that are not available in your country.
19.1 We reserve the right to change these terms and conditions at any time by posting changes on the brands websites or in the magazine. It is your responsibility to refer to these terms and conditions when accessing the brands website or the printed magazine.
19.2 This Agreement, together with any documents referred to herein or required to be entered into pursuant to these terms and conditions, contains the entire agreement and understanding between us and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these terms and conditions and any such document.
19.3 You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of GULF PROJECTS and the CONTENT and MATERIALs provided therein.
19.4 We reserve the right to investigate complaints or reported violations of this AGREEMENT and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted MATERIALs, IP addresses and traffic information.
19.5 You accept that communication with us may be electronic. We may contact you by email or provide you with information by posting notices on the Digital Sites and Services. You agree this is electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.
19.6 You acknowledge that in placing an order you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these terms and conditions.
19.7 GULF PROJECTS contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
19.8 You may not assign, sub-license, sub-contract or otherwise transfer to any third party (including any group company) your rights and/or obligations under these terms. We may assign, sub-license, sub-contract or transfer our rights to any third party at any time.
19.9 From time to time we will run subscription offers. These offers may be available to new subscribers only and this will be stated clearly on the offer. If an offer is available, customers must clearly state/quote the Priority Code at the time of ordering to be eligible for the offer or gift. Gifts are subject to availability and strictly limited to a first come first serve basis. Where the offer has a closing date, we will not accept orders for this offer after the stated date.
20.1 Each party shall treat in confidence all information obtained from the other pursuant to this Agreement that is confidential in nature and shall use such confidential information solely for the purpose of exercising its rights or performing its obligations under this Agreement.
20.2 Each party shall only disclose such confidential information: (i) to those of its employees who may reasonably need to know the same to the extent required for the proper performance of this Agreement; and/or (ii) to the extent that such confidential information is required to be disclosed by law.
21.1 We use any personal and transitional information (e.g. Name, address, e-mail, address, debit or credit card details) you supply to us in order to fulfil your subscription, and to contact you to renew your subscription.
21.2 For information about how we use and treat your personal information please refer to www.Gulf Projects.com/privacy-and-cookies/
22.1 These Terms and Conditions shall be treated as though it were executed and performed in the Kingdom of Bahrain and shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain (without regard to conflict of law principles). Any cause of action by you with respect to GULF PROJECTS (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations outlined in this Agreement.
22.2 The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
22.3 This agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.
22.4 If any provision of these Terms and Conditions is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions shall remain in full force and effect. If any provision of these Terms and Conditions is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with GULF PROJECTS is in conflict or inconsistent with these Terms and Conditions, this these Terms and Conditions shall take precedence.
22.5 Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms and Conditions shall survive any termination of this AGREEMENT.
22.6 The title, headings and captions of these Terms and Conditions are provided for convenience only and shall have no effect on the construction of the terms of these Terms and Conditions.
22.7 Any legal controversy or legal claim arising out of or relating to these Terms and Conditions or our services, excluding legal action taken by us relating to operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Kingdom of Bahrain. Each party shall bear its own attorneys' fees. Each party shall bear one-half of any arbitration fees and costs incurred.