Terms & Conditions
These terms and conditions (the “Terms”, incorporate our online privacy statement which can be found here (“Privacy Statement”)), govern your access to and use of the Gazaal website and its related sub-domains, sites, services and tools (the “Platforms”). Gazaal is an initiative of the Abu Dhabi Early Childhood Authority (“ECA” or “we”), which operates the Platforms at gazaal.ae.
For the purpose of these Terms, and wherever the context so requires, “user”, “you” shall mean any natural or legal person who has agreed to use the Platforms in any manner whatsoever and shall include people browsing the Platforms and its content, posting comments or any content or responding to any content on the Platforms. ECA allows its users to access the Platforms without registering on the Platforms (although certain areas may be restricted to users that are registered (see the “Registration” section below)).
ECA reserves the right to change, modify, add or remove portions of these Terms. If possible, we will notify you of any changes to these Terms using the contact information you have provided us, and you consent to being contacted by us for this purpose. We will also update the Terms on our Platforms, which you can refer to at any time, and we will ask you to accept the new Terms when you next visit our Platforms. Should you object to any term or condition of the Terms, any guideline, or any subsequent changes to the Platforms in any way, you should immediately discontinue using the Platforms. Your continued use of the Platforms following the posting of changes will mean that you have accepted and agreed with the changes.
By visiting and using our Platforms, you are accepting and consenting to the Terms, including the practices described in our Privacy Statement. As such, we recommend you read the particulars of the Privacy Statement and these Terms carefully before proceeding.
Acceptable Use
By accessing the Platforms, you agree that you will not:
- deface, alter or interfere with the front end “look and feel” or content of the Platforms or any linked sites or the underlying software code;
- take any action, which imposes an unreasonable or disproportionately large load on the Platforms or related infrastructure;
- do anything, which will or might damage, interfere with, disrupt access to, interrupt or impair the functionality of the material available on or through the Platforms, nor to upload any material that contains any computer viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any software or equipment;
- post, distribute or otherwise upload any defamatory, libelous, offensive, infringing, obscene, indecent, harmful, threatening, abusive, tortuous, racially or ethnically objectionable or otherwise unlawful material or information or send any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication, advertising or solicitation;
- upload, post, email or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
- use the Platforms to commit a criminal offence or to encourage others to engage in any conduct which would constitute a criminal offence or give rise to civil liability;
- obtain or attempt to obtain unauthorized access to the Platforms or any private or member account areas on the Platforms, nor to impersonate any person or misrepresent your affiliation with another person;
- post any material that infringes upon or violates the intellectual property rights of another, do, cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of ECA, the Abu Dhabi Government or any third party;
- do anything that is otherwise unlawful, or which may create any liability on the part of ECA or the Abu Dhabi Government; or
- collect or store personal information about others from our Platforms.
If ECA considers that you have breached the Terms or have otherwise demonstrated inappropriate conduct when using the Platforms, ECA reserves the right to:
- warn you that you have breached the Terms, and ask you to stop such conduct;
- delete any material or content, which you may have posted without notice to you;
- take measures (including terminating, suspending or restricting your access) to, and preventing you from using the Platforms;
- report your activities to an internet service provider or relevant authorities; and/or
- take legal action against you.
Intellectual Property
Please click here to view ECA’s Intellectual Property statement.
Registration
Certain areas of the Platforms may be limited to registered users and/or allow a user to request support or services online by entering personal information. You agree that any information you provide in these areas will be complete and accurate. Furthermore, you agree that you will not register under the name of, nor attempt to enter the Platforms under the name of, another person, and that you will not adopt a username that ECA, in its sole discretion, deems offensive.
Privacy Statement
Protection of your privacy is essential for ECA. ECA privacy practices are explained in our Privacy Statement. By continuing to use the Platforms, you have consented to the processing of your Personal Data (as defined in the Privacy Statement) in accordance with the Privacy Statement, as amended from time to time, and you have agreed to be bound and accept the terms of the Privacy Statement.
Links to Third Parties’ Platforms
The Platforms may contain links and pointers to internet sites maintained by third parties. Neither ECA nor the Abu Dhabi Government operates or controls, in any respect, any information, products or services on such third-party sites. Third-party links and pointers are included solely for your convenience, and do not constitute any endorsement by ECA or the Abu Dhabi Government. You assume sole responsibility for use of third-party links and pointers.
Indemnity
You agree to defend, indemnify and hold ECA and the Abu Dhabi Government indemnified from and against any claims, actions, damages, losses, liabilities, costs (including legal fees on a full indemnity basis), expenses or payments whatsoever, which ECA or the Abu Dhabi Government suffers, incurs, or is liable for, whether or not contemplated by the ECA or the Abu Dhabi Government, arising out of claims resulting from your use of the Platforms including without limitation any claims alleging facts that, if true, would constitute a breach by you of these Terms. You agree to cooperate fully in defense of any such claim. ECA reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You must not settle any matter without the prior written consent of ECA.
Disclaimer of Warranty
You expressly understand and agree that your use of the Platforms and any material available through the Platforms is at your own risk. Neither ECA nor the Abu Dhabi Government warrant that the Platforms will be uninterrupted, problem-free, free of omissions, or error-free; nor is any warranty made in relation to the results that may be obtained from the use of the Platforms. The content and function of the Platforms are provided to you, to the extent permitted by law, without warranties of any kind, either expressed or implied. ECA recommends that all users of the internet ensure they have up to date virus checking software installed.
Limitation of Liability
Neither ECA nor the Abu Dhabi Government will be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. In addition, neither ECA nor the Abu Dhabi Government will be liable for any damages or injury, including, but not limited to, incidental, indirect, special, punitive, exemplary or consequential damages that result from the use of, or the inability to use, the materials on or accessed through these Platforms, even if there is negligence, or ECA, or an authorized ECA representative, has been advised, knew or should have known of the possibility of such damages (including loss of profits, inability to use, loss of data or other economic disadvantage).
Miscellaneous
The Terms (incorporating the Privacy Statement) constitute the entire agreement between you and ECA relating to the use of the Platforms and completely supersede any and all prior agreements between you and ECA with respect to the use of the Platforms.
Non-exercise or delay in exercising any right under the Terms shall not be deemed as a waiver of such right. No single or partial exercise of any right under the Terms will preclude any further exercise of that right, or the exercise of any other right, power, or privilege.
If any part of the Terms should be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining parts of the Terms, which shall remain in full force and effect as though the invalid, illegal or unenforceable part or parts had been deleted.
No joint venture, partnership, employment, or agency relationship exists between you and ECA or the Abu Dhabi Government as a result of the Terms or your use of the Platforms. You shall not hold yourself out as a representative, agent, or employee of ECA or the Abu Dhabi Government, and neither ECA nor the Abu Dhabi Government shall be liable for any representation, act, or omission by you.
If you breach the Terms and neither ECA nor the Abu Dhabi Government bring an action against you, ECA and the Abu Dhabi Government will remain entitled to exercise their rights and remedies in the future in relation to such breach or any other situation where you breach the Terms.
Choice of Law and Jurisdiction
Your use of the Platforms and the Terms are subject to the laws of the United Arab Emirates and the Emirate of Abu Dhabi, and you agree to submit to the non-exclusive jurisdiction of the courts in the Emirate of Abu Dhabi, United Arab Emirates.