Terms And Conditions For User

Last Updated on: 11 April 2022

These Terms and Conditions for User (“Terms and Conditions” or “Agreement”) is made and entered into by and between Fused Portal Services (“splidu”, “we”, “us”, or “our”), a corporation organised and existing under the laws of the United Arab Emirates (“UAE”), with its head office located at 39th Floor, Czar Business Center, The One Tower, Barsha Heights, Dubai, United Arab Emirates, and any person who accesses and uses the Platform, by clicking a button or checking a box marked ‘I Agree’ has agreed to all the Terms and Conditions.

Please read these Terms and Conditions and our Privacy Policy carefully, which may be found at https://www.splidu.com/, and which is incorporated by reference into these Terms and Conditions. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform immediately. Failure to use our Platform in accordance with these Terms and Conditions may subject you to civil and criminal penalties. By accessing and /or using our Platform, or by clicking a button or checking a box marked ‘I Agree’, you agree to all the Terms and Conditions. Use of our Platform is also subject to additional terms, conditions, and policies that we separately post on our Platform or provide to you.

KEY TERMS
In this Agreement, (i) capitalised terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following terms have the meanings assigned to them herein below:
1. “Account” means the account that Users are required to create on the Platform to use the Platform Services;
2. “Booking Amount” means the total amount payable by Customer, for a Platform Service, as set out in the Booking Confirmation;
3. “Booking Confirmation” or “Confirmed Booking” means any and all written or electronically transmitted booking confirmation sent by splidu to the Customers and which may include, without limitation, event date, time and location, reference number and any special conditions;
4. “Chef” means a person who offers and provides his or her Chef Services to Customers through the Platform;
5. “Chef Services” means the services provided by a Chef as listed in the Chef’s profile on the Platform;
6. “Content” means any and all text, graphics, images, music, software, video, audio, information, and other material, that are available on the Platform. Content includes, without limitation, User Content and splidu Content;
7. “Customer” means a person or company that contracts or engages to book a service from splidu and/or Vendors using the Platform Services;
8. “In App Token” means a feature available on the Platform giving an indication of an amount that may be used by the User towards the booking of any Platform Service;
9. “Listing” means Platform Services listed by Vendors and/or splidu on the Platform;
10. “Party” or “Parties” means splidu and the User referred to individually and collectively respectively;
11. “Personal Data” means any data related to a specific natural person or related to a natural person that can be identified directly or indirectly by linking the data, such as an individual’s name, voice, image, identification number, electronic identifier, geographical location;
12. “Platform” means the Website and/or splidu’s application for mobile devices;
13. “Platform Services” means the online and/or offline services provided by splidu;
14. “Private Chef” means a Chef listed on the Platform, whereby the Chef will provide their Chef Services at the place of choice of the Customer;
15. “Recorded Material” means photographs, video, or audio recordings of you at the venue or at the immediate surroundings of the entrance of the venue, where the Platform Services are being provided;
16. “splidu”, “we”, “us” and “our” collectively means Fused Portal Services;
17. “splidu Content” means any content (including but not limited to, the name, trademark, and logo of splidu; all information about splidu and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, blog content, designs, features, and other materials) generated by and/or belonging to splidu;
18. “Third Party Content” means any content that belongs to or originates from parties other than splidu and Users;
19. “Underground Dining” means an experience listed on the Platform, whereby Vendors exclusively provide their services to the Customers who paid for Underground Dining;
20. “User”, “you” and “your” collectively mean the person, company or organization that has visited or is using the Platform and/or the Platform Services. User includes, without limitation, the Customer;
21. “User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Platform (including but not limited to, any User rating or review, User profile, text, correspondence, photographs, and videos) by the Users while using the Platform;
22. “Vendors” means Chefs, and all other service providers that provide Platform Services; and
23. “Website” means https://www.splidu.com/.
PLATFORM
1. By using the Platform, the Users, among other things, will be able to avail of the following Platform Services:
  1. Underground Dining
  2. Private Chef
2. splidu may provide Users with offers and benefits from time to time, such as discounts, vouchers, or sales promotions. What offers and benefits a User may receive will be based on such User’s previous actions such as number of bookings, booking amounts, or usage of Platform Services. Any such offers and benefits may be modified or discontinued by splidu at any time without prior notice.
3. The Platform is not intended for Users that are under the age of 18. The Platform Services are provided in the UAE.
4. By making a booking through our Platform, you represent and warrant that: (i) you are legally capable of entering into this Agreement; (ii) you are at least 18 years old (if you are an individual); and (iii) if you are using the Platform on behalf of a third party, you are authorised and have the authority to bind that third party to these Terms and Conditions. Any registration by, use of, or access to, the Platform by any person under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions.
5. By making a booking through our Platform, you represent and warrant that: (i) you are legally capable of entering into this Agreement; (ii) you are at least 18 years old (if you are an individual); and (iii) if you are using the Platform on behalf of a third party, you are authorised and have the authority to bind that third party to these Terms and Conditions. Any registration by, use of, or access to, the Platform by any person under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions.
ACCOUNT REGISTRATION
1. Users are required to create a personalized Account with splidu by using their personal information, including but not limited to, name, mobile number, and email address. Each Account should have a unique username and a password.
2. If the User is a company, additional information and documents may be required to complete the Account registration which include, without limitation, a valid and current dated business/trade license, company address, details of the authorized person and tax registration number (if applicable).
3. Users will be required to verify their mobile number and email address by a one-time password (OTP) in order to register an Account.
4. Once an Account is created, Users will be required to be logged into their Account and provide the following information before they can place their first order through the Platform:
  1. delivery address (country, city, area, street, building, landmark, flat number);
  2. billing address (country, city, area, street, building, landmark, flat number); and
  3. preferred payment method.
5. A User can create more than one Account, provided that a different mobile number and email address are used for each Account.
6. Any information provided in relation to the Account registration process will be subject to splidu’s Privacy Policy. The mobile numbers and email addresses provided will be used for the purpose of verification and may be used by splidu for marketing and communication purposes. splidu reserves the right to request additional information from a User (such as a valid ID copy) in order to verify User’s identity and decline or refund any order splidu believes to be fraudulent. The use of a VPN, proxy, VoIP number or any other means of concealing the true location of the User will lead to delays, likely ID check and possible cancellation of the associated order(s). The mobile number that a User provided may be subject to geographic location checks in order to verify the authenticity of the order.
7. Each User is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify splidu immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. splidu is authorized to act on instructions received through use of your Account or registration and is not liable for any loss or damage arising from your failure to comply with this clause 3.
8. Your Account, including any information pertaining to it (e.g., contact information, billing information, Account history, etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
9. By creating an Account or using the Platform Services, you consent to us contacting you about your interest in our Platform Services by email, mobile, or through any other contact information you have chosen to provide. Users wishing not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.
10. We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Platform that violates this Agreement.
11. You can delete your Account at any time by going to the “My Account” section and select “Delete Account”. If we close your account permanently, any remaining In App Token will not be automatically refunded. You will be expected to process a refund of any remaining In App Token before deletion of the Account. Any In App Token issued as part of a marketing campaign from splidu will not be refunded however any monies transferred to the In App Token and/or resulting from a cancellation of the Platform Services will be eligible for a refund. If you owe any payment to splidu, splidu will not close your Account until that payment has been made to splidu. In such case, splidu may restrict your ability to make additional transactions using your Account or reject any request to open subsequent Accounts for you. You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.
BOOKING
1. You may book any Platform Service offered on our Platform. Once you make the payment of the Booking Amount, you consent and agree to engage in the offered Platform Service.
2. When you book a Platform Service, such booking is required to be accepted by us and our Vendors before it is confirmed. We will send you a Booking Confirmation notification if your booking has been accepted. You understand and acknowledge that the agreement for the supply and provision of any Platform Service booked by you shall come into existence only when we send you the Booking Confirmation.
3. The Vendors, not splidu, are solely responsible for honouring any Confirmed Bookings and making available any Platform Services reserved through the Platform. If you, choose to enter into a transaction with a Vendor for the booking of a Platform Service, you agree and understand that you will be required to enter into an agreement with the Vendor and you agree to accept any terms, conditions, rules, and restrictions, associated with such Platform Services, imposed by the Vendor. You acknowledge and agree that you, and not splidu, will be responsible for performing the obligations of any such agreements, that splidu is not a party to such agreements, and that, with the exception of its payment obligations hereunder, splidu disclaims all liability arising from or related to any such agreements.
4. You are responsible for paying for the Platform Services booked using your Account, and for related charges, and for complying with these Terms and Conditions, even if you have booked the Platform Services for someone else.
5. Any booking made via the Platform is subject to splidu’s approval. splidu may, in its sole discretion, decide to not provide Platform Services to a User.
PAYMENT
1. Payments may be made by debit card, credit card, Apple pay, Samsung pay, In App Token or other payment method as may be made available by splidu from time to time.
2. If you wish to pay with a debit or credit card, your preferred debit or credit card will be authorised and the corresponding Booking Amount will be debited with respect to the Confirmed Booking. By selecting payment by debit or credit card, each Customer hereby expressly consents to, authorizes, and instructs splidu to charge the debit or credit card provided by the Customer.
3. If you wish to pay with a debit or credit card, your preferred debit or credit card will be authorised and the corresponding Booking Amount will be debited with respect to the Confirmed Booking. By selecting payment by debit or credit card, each Customer hereby expressly consents to, authorizes, and instructs splidu to charge the debit or credit card provided by the Customer.
4. Upon your payment of Booking Amount, the third-party payment processor is responsible for remitting such amounts to the Vendor. In the event that any such amounts are not remitted to a Vendor, such Vendor will have recourse only against the payment processor.
5. For any Confirmed Booking of Platform Services, Customers unconditionally and irrevocably undertake to pay the Booking Amount in full to splidu in accordance with these Terms and Conditions. Customers shall bear all applicable VAT and credit card fee associated with any payment made to splidu.
IN APP TOKEN
1. You shall be entitled to have access to In App Token in connection with your Account.
2. Any amount appearing or accumulated in the In App Token may be used by you to obtain a discount when booking Platform Services.
3. Amounts in the In App Token will be in AED and cannot be exchanged for cash or any other alternatives. Use of any such amount in the In App Token may be subject to minimum booking value.
4. The User can deposit or credit funds in the In App Token.
PLATFORM SERVICES
1. UNDERGROUND DINING
  1. Any User, having an Account, can book for Underground Dining through the Platform, which is an experience whereby Chefs exclusively provide their Chef Services to the Users who paid for Underground Dining.
  2. Underground Dining may be hosted at Chef’s home, Chef’s restaurant, or at a venue as may be agreed between the Customer and Chef through the Platform. The duration, capacity and menu options of each Underground Dining will be displayed on the Platform.
  3. Underground Dining cannot be copied, distributed, published, sold, or made available to third parties for any purposes without the prior written consent of splidu.
  4. For Underground Dining, the Chef shall be responsible for making available any and all equipment and furnishings necessary to carry out their Chef Services.
  5. All ingredients and allergens (if any) contained in each Underground Dining table menu, will be displayed on the Platform as communicated to us by the Chef. It is the sole responsibility of the Customer to carefully review all ingredients and allergens (if any) displayed on the Platform prior to attending the Underground Dining if the Customer has an allergy.
  6. You understand and agree that Chefs have the right to refuse service to a Customer, leave Underground Dining or request a Customer to leave the Underground Dining immediately, in the event that the Customer (i) is being disrespectful to the Chef or others, (ii) endangers the health or safety of himself/herself or others, or (iii) fails to comply with the reasonable instructions of the Chef. In such cases, splidu also reserves the right to suspend or terminate such Customer’s Account and refuse his/her access to the Platform and/or the Platform Services.
2. PRIVATE CHEF
  1. Any User, having an Account, can book a Private Chef through the Platform, which is an experience whereby the Chef will arrive at the residence of the User or at the place of choice of the User and provide their Chef Services.
  2. In the event, there is any addition of guests to the booking made for Private Chef, as mutually agreed, the Customer will be responsible for any additional costs. If there is a reduction in the number of guests, as mutually agreed, the Booking Amount will be reduced accordingly, if relevant, and the Customer will be refunded for the difference.
  3. The Chef and/or the Customer will be responsible for arrangement of all equipment and furnishings necessary to carry out the service, as mutually agreed between the Customer and Chef, at the time of booking.
  4. All ingredients and allergens (if any), in the menu chosen by the Customer, will be displayed on the Platform as communicated to us by the Chef. It is the sole responsibility of the Customer to carefully review all ingredients and allergens (if any) displayed on the Platform, prior to the Chef coming to the residence of the Customer and inform the Chef if the Customer has an allergy.
  5. You understand and agree that Chefs have the right to refuse service to a Customer, leave the residence of the Customer or any place decided by the Customer, immediately, in the event that the Customer (i) is being disrespectful to the Chef or others, (ii) endangers the health or safety of himself/herself or others, or (iii) fails to comply with the reasonable instructions of the Chef. In such cases, splidu also reserves the right to suspend or terminate such Customer’s Account and refuse his/her access to the Platform and/or the Platform Services.
CANCELLATIONS AND REFUNDS
As per Cancellation and Refund Policy available at https://www.splidu.com/.
RECORDED MATERIAL
By using the Platform and/or availing the Platform Services, you hereby agree to being photographed, filmed, or recorded by splidu, Vendors or any third party operating on behalf of splidu or Vendors at the venue where the Platform Services are being provided or at the immediate surroundings of the entrance to such venue. Furthermore, by using the Platform and/or availing the Platform Services, you hereby waive all rights in any Recorded Material made by splidu, Vendors or any third party operating on behalf of splidu or Vendors. You hereby agree that splidu, Vendors or any third party operating on behalf of splidu or Vendors may use such Recorded Material in any way they deem fit, without restriction, approval from, or recompense to you.
CONTENT
1. Any User Content or Third Party Content are those of the respective author(s) and not of splidu. splidu does not guarantee the accuracy, completeness, or usefulness of any User Content and/or Third Party Content, nor its merchantability. Under no circumstances will splidu be liable for any loss or damage caused by reliance on User Content and/or Third Party Content on the Platform.
2. All Content posted on the Platform, such as blog posts or ratings, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.
3. Users agree and acknowledge that splidu has the right to, in its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these Terms and Conditions, or refuse or remove any User Content that, in splidu’s reasonable opinion, violates any policy of splidu or is in anyway harmful, inappropriate, or objectionable. You further agree that splidu has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform.
4. Except for splidu Content, splidu does not claim ownership of any Content or link on the Platform. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation photos, videos, recordings, company logos, ratings, and reviews via the Platform, you however expressly grant splidu and splidu’s successors a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, publish, reproduce, display, modify, adapt, and distribute such Content in connection with splidu’s business and marketing purposes.
THIRD PARTY CONTENT
1. The Platform contains links to third-party websites as well as Third Party Content, maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by splidu of the contents on such third-party websites and splidu hereby expressly disclaims any representations regarding any Third Party Content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites and/or Third Party Content, you do so at your own risk.
2. For avoidance of doubt, this Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
DISCLAIMER OF WARRANTIES
1. User must acknowledge and agree that the Platform Services are provided “as is” and “as available” and that the use of the Platform and/or the Platform Services shall be at the risk of the User. To the fullest extent permitted by applicable law, splidu, its affiliates, officers, directors, employees, and agents, disclaims warranties, express or implied, in connection with the Platform and/or the Platform Services and User’s use of them. To the fullest extent permitted by applicable law, splidu makes no warranties or representations that the Platform Services have been or will be provided with due skill, care, and diligence or about the accuracy or completeness of the Platform Services and assume no responsibility for any:
  1. errors, mistakes, or inaccuracies of Content;
  2. personal injury of property damage, of any nature, whatsoever, resulting from User’s access to and use of the Platform and/or the Platform Services;
  3. unauthorized access to or use of third party server being used by splidu and/or any and all personal information stored therein;
  4. interruption or cessation of transmission to or from the Platform;
  5. bugs, viruses, Trojan horse, or the like which may be transmitted to or through the Platform, through the action of a third party;
  6. bugs, viruses, Trojan horse, or the like which may be transmitted to or through the Platform, through the action of a third party;
  7. errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Platform and/or Platform Services;
  8. errors or omissions, in advertising and/or Listing or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser on the Platform;
  9. errors or omissions, in advertising and/or Listing or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser on the Platform;
2. You are solely responsible for all of your communications and interactions with Vendors with whom you communicate or interact as a result of your use of the Platform Services. You understand that splidu is not required to screen or inquire into the background of any Vendor, nor does splidu make any attempt to verify the statements of Vendors. splidu makes no representations or warranties as to the conduct of Vendors. splidu has no control over and does not guarantee the quality, availability, and delivery of any Platform Service. You agree to take reasonable precautions in all communications and interactions with Vendors and with other persons with whom you communicate or interact as a result of your use of the Platform and/or the Platform Services.
3. splidu is not a party to any agreements entered by and between the Customer and any Vendor, nor is splidu an agent or insurer. splidu exercises no control over the conduct of Vendors, Customers, and other Users of the Platform, and disclaims all liability in this regard. Any claim, loss, cost, or expense (including legal fees), damage or other liability, as a result of any acts or omissions of any Vendor, Customer, Customer’s guests, either at the site of the Chef rendering his services or elsewhere, including damage or other harm relating to personal injury, food poisoning, intoxication, allergies, or any other kind of harm, shall not be splidu’s responsibility.
4. The use of the Platform and/or Platform Services is at the User’s sole risk. The Platform is provided without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including but not limited to, any warranties of title or accuracy or fitness for a particular purpose and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law.
5. splidu, its affiliates, officers, directors, employees, and agents do not warrant that: (i) the Platform is or will be secure or available at any particular time, instance or location; (ii) any defects material or not, or errors will be corrected; (iii) any/all Content or software available at or through the Platform is free of viruses or other harmful components; (iv) any/all information is complete, accurate, up-to-date, or reliable; (v) any particular Platform Service or Content referred to on the Platform is safe, appropriate, or effective for Users; and (vi) using the Platform and/or Platform Services, provided by us, will meet your requirements.
LIMITATION OF LIABILITY
1. Except as required by applicable law, splidu, its affiliates, officers, directors, employees, and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data; indirect or consequential loss; punitive damages caused by: (i) errors, mistakes, or inaccuracies on the Platform and/or Platform Services; (ii) personal injury or property damage resulting from your use of the Platform Services; (iii) any unauthorised use of the Platform and/or Platform Services; (iv) any interruption or cessation of the Platform and/or Platform Services; (v) any viruses or malicious code transmitted to or through the Platform; (vi) any Content whether submitted by a User or splidu, including your use of Content; and/or (vii) the removal or unavailability of any Content. This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
2. In no event shall splidu, its affiliates, officers, directors, employees, and agents be responsible or liable with respect to any subject matter of this Agreement, for any amount that together with amount associated with all other claims, exceeds the Booking Amount paid by the User.
INDEMNIFICTION
1. The User agrees to indemnify, hold harmless and defend splidu, its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with: (i) User’s Content; (ii) User’s unauthorized use of the Platform and/or the Platform Services; (iii) User’s access to Platform and/or the Platform Services ; (iv) User’s violation of any third party rights (v) User’s breach of these Terms and Conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party.
2. splidu retains the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against splidu. splidu reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify splidu and the User agrees to cooperate with splidu’s defence of these claims. splidu will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
3. This defence and indemnification obligation will survive this Agreement and your use of the Platform Services.
GEOGRAPHIC RESTRICTIONS
The owner of the Platform is based in the UAE. We make no claims that the Platform or any of its content is accessible or appropriate outside of the UAE. Access to the Website may not be legal by certain persons or in certain countries. If you access the Platform from outside the UAE, you do so on your own initiative and are responsible for compliance with local laws.
LICENSE GRANT
splidu, subject to the Terms and Conditions, provides the User a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms and Conditions. It is expressly prohibited, without the prior express permission from splidu, to use, reproduce, modify, distribute, or store any content available thereto for purposes other than using the Platform consistent with these Terms and Conditions.
RIGHTS AND DUTIES OF THE CUSTOMER
1. When you use the platform as a Customer, you commit to:
  1. communicate to the Vendor any changes or modifications regarding the conditions of service agreed on the Platform;
  2. ensure that the Vendor can contact you at the telephone number registered in your profile;
  3. to communicate to splidu, or to any Vendor who requests it, your identity card or any other document that proves your identity;
  4. inform the Chef of any relevant information that he/she should know about the real and personal property that he/she will have to use/occupy during providing the Platform Service, especially in case of countertops, walls, glass, glass-ceramics, or any other equipment that could be damaged during the execution of the Platform Service;
  5. provide the Chef with the dishes, glassware, cutlery, and other utensils that are necessary to carry out the Platform Service;
  6. wait for the Chef at least thirty (30) minutes after the booked time.
2. In the event that you have made a booking on behalf of a third party, you guarantee that said third party will respect these Terms and Conditions. splidu reserves the right to suspend your Account, to limit your access to the Platform and/or the Platform Services or to terminate this Agreement in the event of non-compliance by the third party on whose behalf you have reserved the Platform Service in accordance with these Terms and Conditions.
REPRESENTATIONS
Each Party hereby represents that:
1. the Parties have the power, capacity, and authority to enter into and perform its obligations under this Agreement;
2. this Agreement is legal and binding on such Party;
3. The execution, delivery, and performance of this Agreement will not violate the provisions of any contract or other undertaking or instrument to which it is a party, or which is binding upon it or any of its assets; or
4. the Parties will perform all acts, conditions and things required to be done, fulfilled, and performed in order: (i) to enable it lawfully to enter into, exercise its rights under and perform its obligations expressed to be assumed by it in this Agreement; (ii) to ensure that the obligations expressed to be assumed by it in this Agreement are legal, valid, and binding; and (iii) to make this Agreement admissible in evidence in the jurisdiction in which it is incorporated, have been done, fulfilled, and performed.
HEALTH AND SAFETY
While splidu aims to cater to the various needs of its Users to allow them to have a great time, splidu pays greater importance to the safely of the Users. The Users shall act in accordance with the laws and guidelines issued by and amended from time to time by the relevant authorities or any other law applicable for the concerned state. splidu shall not be responsible for notification of such guidelines to the Users.
INTELLECTUAL PROPERTY RIGHTS
It is understood and agreed by the User that splidu shall retain at all times all rights, title, and interests in the Platform, technology, and intellectual property including, without limitation, trademarks, copyrights, trade secrets, domain, patents and other intellectual property rights with respect to any technology, software, system, ideas, trade secrets, market strategy, Vendor’s information and records, photographs, advertisements, written/printed material, music, lyrics, or any other work or thing owned, provided, or created by splidu for use by the Platform pursuant to this Agreement. splidu’s retention of such rights, title and interest in its Platform, technology, and intellectual property shall survive the termination of this Agreement.
TERMINATION
1. splidu may terminate User’s use of the Platform and deny access to the Platform Services in splidu’s sole discretion for any reason or no reason, including: (i) User’s violation of the Terms and Conditions; (ii) User’s lack of use of the Platform and/or the Platform Services.
2. The User must agree that any termination of User’s access to the Platform and/or the Platform Services may be effected without prior notice and acknowledge and agree that splidu may immediately deactivate or delete the account and all related information and/or bar any further access to User’s Account or the Platform Services. Further, the User must agree that splidu shall not be liable to the User or any third party for the discontinuation or termination of User’s access to the Platform Services.
GOVERNING LAW
The terms contained in this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (the “DIFC”), Dubai, UAE. Any dispute which may arise between the Parties pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which the courts in the DIFC shall have the exclusive authority to settle the same.
DISPUTE RESOLUTION
1. All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention, will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
2. The venue/seat of arbitration shall be Dubai, UAE and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the arbitrator(s) will be final and binding on all the Parties.
MODIFICATION OF TERMS AND CONDITIONS
splidu reserves the right, at its sole discretion, to modify our Platform, Platform Services, or to modify these Terms and Conditions anytime and without prior notice. If we modify these Terms and Conditions, we will post the modification on our Platform or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms and Conditions. By continuing to access or use our Platform after we have posted a modification on our Platform or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using our Platform and/or Platform Services.
CUSTOMER COMPLAINTS
splidu takes complaints of its Users seriously. Any complaint raised against any Vendor via the Platform will be duly noted and measures will be taken to understand the basis of the issue. If the Vendor is found to be in conflict with these Terms and Conditions leading to the complaint, strict action will be taken against the Vendor which may result in, among other things, the suspension or termination of the Vendor’s Account. splidu in its own discretion may also decide to drop the Vendor’s rating on the Platform.
DATA PROTECTION
In the context of your use of the Platform and/or Platform Services, splidu will collect and process your Personal Data. By using the Platform and creating an Account, you acknowledge and accept the processing of your Personal Data by splidu in accordance with applicable data protection laws, regulations, and the provisions of the Privacy Policy.
ACKNOWLEDGEMENT
1. By accessing or using our Platform or by downloading or posting any Content from or on our Platform, you acknowledge and agree that you have read these Terms and Conditions and that you understand and agree to be bound by these Terms and Conditions, regardless of your registration on the Platform. If you do not agree to these Terms and Conditions, you must stop using or accessing the Platform immediately.
2. If you accept or agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
MISCELLANEOUS
1. NOTICES TO USERS: Reports, statements, notices, and any other communications may be transmitted by splidu to Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by splidu to User to the email address specified in the User’s Account.
2. SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
3. RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
4. FORCE MAJEURE: splidu shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of god, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
5. RATING SYSTEM: splidu reserves the right to set a rating system and collect feedback from its Users.
6. ELECTRONIC SIGNATURES/ COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of this Agreement, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
7. ENTIRE AGREEMENT: This Agreement along with other documents as and when updated on the Platform, shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
8. SEVERABILITY:Any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
9. SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
10. HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
11. FEEDBACK: You may at your sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Platform, including but not limited to, regarding the possible creation, modification, correction, improvement, or enhancement of the Platform (“Feedback”). By submitting any Feedback, you acknowledge and accept that we are free to use such Feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.
12. AFFIRMATION OF PARTIES: The Users affirm that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood the terms and conditions contained in this Agreement.
13. GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
14. CONTACT US: If you have any queries regarding these Terms and Conditions, feel free to contact splidu at info@splidu.com.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.

Effective as of 1 May 2022