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Terms of Use

These are the Terms of Use (“Terms of Use”) that apply to your access and use of thegaggler.com website (“the Site”), any now-existing or later-added mobile applications, features, or content including our online store, articles, events, social channels and email newsletter (collectively with the Site, known as the “Services”) offered and operated by Gaggler Middle East FZE (“The Gaggler”).

These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content. When you access and use the Site or Services, you are expressly representing that you are of legal age in your jurisdiction of residence.

This document is a legally binding agreement between you and The Gaggler. Please read these Terms of Use carefully before using the website. By using the website, you agree to be bound by these Terms of Use and all applicable laws, regulations, and rules. If you do not agree to these Terms of Use, you should stop using the website immediately. 

In addition to these Terms of Use, you should also review and accept The Gaggler’s Privacy Policy, as it is included in these Terms of Use.

The Gaggler may update these Terms of Use at any time. Any changes to the Terms of Use will be posted on this page. Once posted, the updated Terms of Use will be effective immediately. It is your responsibility to review the Terms of Use on a regular basis to keep yourself informed of changes. By continuing to access the Site or using The Gaggler’s Services, you agree to be bound by the updated Terms of Use.

Intellectual Proprietary Rights

All materials that are included in, made available on, or are otherwise a part of the Services, including without limitation any and all articles, blogs, text, product descriptions, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork, logos, trademarks and the “look and feel” of the Services, are owned or licensed by The Gaggler or its affiliates or subsidiaries. The Gaggler content is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws. All other rights are reserved. 

The Gaggler, the Site, and all graphics, logos, service marks, trademarks, text, images, artwork, designs, layouts, the “look and feel” of the Services, software, technologies, source, and object codes contained on the Site and in the Services are protected by trademark and copyright law and other applicable laws and are the property of Gaggler Middle East FZE, except as otherwise identified, and may not be used without permission in connection with any third-party products or services.

All copyrights and trademarks not the property of Gaggler Middle East that is used or referred to in the Site and Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services without The Gaggler’s written consent. 

Nothing contained in the Site or Services shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of Gaggler Middle East FZE or any third party, whether by implication, laches, estoppel, or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Site or other products may violate the law.t

The Gaggler products, including third-party and licensed materials on the Site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from Gaggler Middle East FZE.

We respect the intellectual property rights of others. Accordingly, we have a policy of removing user submissions that violate any intellectual property laws, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of any intellectual property or other third-party rights, or terminating in appropriate circumstances the account of any user who uses the Services in violation of intellectual property or other third-party rights. If you believe a user of the Services is infringing your rights, please provide us with a written notice for claims of the infringement.

Your written notice must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Your Responsibilities

You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of our Services. When choosing to use our Services you are agreeing to provide and maintain accurate, current, and complete information as prompted by the registration form. In addition, the Services may not be used to:

  • Violate local, state, national or international law or regulations
  • Transmit any material that is abusive, harassing, tortious, defamatory, pornographic, obscene, libelous, invasive of another’s privacy, or hateful
  • Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes
  • Transmit material containing adware, malware, spyware or software viruses
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Services or servers or our networks
  • Reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process any content of this website for commercial profit or gain. 
  • to solicit others to perform or participate in any unlawful acts; 
  • to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; 
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
  • to submit false or misleading information; 
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related Site, other websites, or the Internet; 
  • to collect or track the personal information of others; 
  • to spam, phish, farm, pretext, spider, crawl, copy, monitor, index, data mine or scrape through the use of a robot, spider, any automated device or any manual process, the Site or the contents; 
  • for any obscene or immoral purpose; or 
  • to interfere with or circumvent the security features of the Services or any related Site, other websites, or the Internet; or 
  • “Frame” or “mirror” any part of the Site; 
  • to modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • to express or imply that any statements you make are endorsed by us;
  • to engage in any other activity deemed by the Gaggler to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.
  • to forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Site or servers or networks connected to the Site; or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

 

You understand that by using the Site, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

We reserve the right to terminate your use of the Services or any related Site for violating any of the prohibited uses.

General Conditions

  • We reserve the right to refuse the Services to anyone for any reason at any time.
  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us.
  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

Ownership of and License to Use The Gaggler Services

Use of the Services

The Company owns all rights, title, and interest in the Services. The Services are protected by copyright and other intellectual property laws. We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable, and non-transferable license to use, view, and/or play the Services, subject to your compliance with these Terms of Use. You may make one printed copy of each article on the Services solely for your personal use. You must not modify the paper or digital copies of any materials you have copied in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Service must always be acknowledged.

You shall not:

  • License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services
  • Not use any metatags or other “hidden text” using the Gaggler name or trademarks
  • Not modify, translate, adapt, merge, make derivative works of any part of the Services
  • Not use automated or manual software devices or processes (including, but not limited to spiders, robots, scrapers, crawlers, avatars, and data mining tools)
  • Not access the Services to build a similar or competitive website, application, or services

Content and Non-Endorsement

Opinions and other statements expressed by users, commenters, and third parties are theirs alone, not the opinions of The Gaggler. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Site and third parties may provide links to web pages, websites, and various resources or locations on the web. The Gaggler has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Contests and Promotions

From time to time, The Gaggler, our advertisers, partners, or other parties may conduct promotions and other activities on, through, or in connection with the Site, including without limitation, contests, and sweepstakes (collectively, “Promotions”). In some cases, you may be able to win a prize (“Prize”) as part of a Promotion. Each Promotion may have Additional Terms of Use and/or Rules or eligibility requirements, which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

Optional Tools:

  • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
  • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  • We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Third Party-Links:

  • The Services, content, and products available may contain materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.  When you click on such a link, we will not warn you that you have left the Services. The Gaggler does not control and is not responsible for Third-Party Links. The Gaggler provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. 
  • Your use of all Third-Party Links is at your own risk. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Links To The Service

  • You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services on any website that is not owned by you. Our Service must not be framed on any other Services. We reserve the right to revoke any link to any page of the Services in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Services.

User Comments, Feedback, and Other Submissions.

  • If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  • You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Personal Information.

Your submission of personal information through the Services is governed by our Privacy Policy.  Click here to view our Privacy Policy.

Errors, Inaccuracies, and Omissions.

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to any content, including but not limited to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related Site should be taken to indicate that all information in the Services or on any related Site has been modified or updated.

Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’  for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Gaggler, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless The Gaggler, our affiliates, directors, officers employees, agents, consultants, contractors, and subcontractors from any and all third-party losses, claims, and liabilities (including legal and court costs) that may result from your violation of these Terms, use of thegaggler.com or its Services (or third-party services or sites offered through The Gaggler). You agree that if a court of law finds that these Terms of Use were breached by you, and losses were suffered by The Gaggler, you will fully compensate The Gaggler for such losses. The Gaggler has the right to take control of any legal matter subject to indemnification. 

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement or your account at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Unless you have a separate agreement with The Gaggler regarding a specific offering or service, these Terms of Use and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). 

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law and Jurisdiction

These Terms of Use are governed by and construed according to the laws and regulations of the Dubai International Financial Centre (“DIFC”). Any dispute, difference, controversy, or claim arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, will be subject to the exclusive jurisdiction of the Courts of the DIFC Small Claims Tribunal (“SCT”).  For disputes that do not qualify for determination through the SCT, the Courts of the DIFC will have exclusive jurisdiction to settle such disputes.

Notices

 All notices or demands to The Gaggler must be made in writing and sent personally, by courier, or by email to: Attn: Gaggler Middle East FZE; Email: support@thegaggler.com

All legal notices or demands on a user will be delivered to the last known email address provided by the user to The Gaggler unless otherwise required by specific laws or regulations.

Contact Information

Questions about the Terms of Use should be sent to us at [email protected].