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Terms and Conditions

1. Purpose​

The Platform is made available by the Owner “BREADTH GENERAL TRADING CO. L.L.C” with Vital Trade Mark. (“Vital “) to enable you to access and present Vital products services, content to on the consumer, Vital reserves the right to continually review and evaluate all uses of the Platform to ensure continuous compliance with these terms and Display Requirements.

  1. “BREADTH GENERAL TRADING CO. L.L.C”maintains the https://vital.ae Website (“Site”).
  2. “United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.
  3. “Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE”
  4. ‘’Visa or MasterCard debit and credit cards in AED will be accepted for payment’’
  5. ‘’The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency”.
  6. ‘’We will not trade with or provide any services to OFAC and sanctioned countries’’
  7. ‘’Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website’’
  8. ‘’Cardholder must retain a copy of transaction records and https://vital.ae policies and rules’’
  9. ‘’User is responsible for maintaining the confidentiality of his account’’

2. Changes

Vital reserves the right to modify the Platform Agreement at any time. If Vital reasonably determines that a modification may materially and adversely impact You, Vital will provide email notice to you using the email address you provided during or after registration. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW OR MODIFIED TERMS, YOU MUST TERMINATE THE PLATFORM AGREEMENT BY CEASING USE OF THE PLATFORM WITHIN TEN (10) DAYS OF RECEIPT OF SUCH NOTICE.

3. Registration

You are only allowed to register for and use one (1) set of login credentials, unless Vital provides the functionality to create and use multiple Access keys and otherwise permitted by Vital in writing, including via email. All queries sent to the Platform requesting data must reference your valid login credentials. You agree to keep your login credentials confidential and not to share them with any third party.

4. Access

Subject to compliance with the terms, Vital grants you, during the Term, a non-exclusive, revocable, non-sublicensable, non-transferable Use: (i) access and use the Platform to receive the Vital Content; (ii) display the Vital Content on Your Site; and (iii) reproduce and display the Vital name and logo (the “Vital Brand Features”).
You may not use the Platform, Vital Content, or Vital Brand Features for any other purpose without Vital ‘s prior written consent. These license rights are further limited, and all rights not expressly granted to you hereunder are reserved by Vital. You acknowledge and agree that Vital may monitor Your Site in order to confirm compliance with the PlatformTerms.

5. Restrictions

You agree that you will not, and will not assist or enable others to:
cache, record, pre-fetch, or otherwise store any portion of the Vital Content for a period longer than twenty-four (24) hours from receipt of the Vital Content, or attempt or provide a means to execute any scraping or “bulk download” operations, with the exception of using the Vital Content to perform non-commercial analysis (as further explained below) or storing Vital business IDs which you may use solely for back-end matching purposes; modify the Vital Content, or use it to update or create your own database of business listing information, unless such modification is for non-commercial analysis, as further explained below;display or use Vital user review ratings (numerical, star or any other representation of the Vital user review rating calculation) alongside or in conjunction with other user-generated content (i.e. don’t use Vital user review ratings for the benefit of a Vital competitor);create or disclose metrics about, or perform any analysis of the Platform, or use Vital Content for any commercial purpose without the express written consent of Vital (i.e. don’t sell any Vital data or content whatsoever); for sake of clarity, in the event that you do receive explicit written consent from  Vital to create any metrics or perform any analysis of the Platform or Vital Content for any commercial purpose, you agree not to disclose to any third party any such metrics or analyses related to or connected with the Platform or Vital Content at all.modify or remove the hyperlink contained within any Vital Content that is provided in the Platform;use the Platform on behalf of any third party;use any geocodes provided in the Vital Content for use or display in Open Street Maps or other open source map implementations where any geocodes would in any way be contributed to open source code or subject to open source licenses;display Vital Brand Features or Vital Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Vital, other than your permitted use of the Platform under the terms of the Platform Agreement;copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized under Platform statutory law), modify or alter any part of the Platform;rate, rank, review, vote or comment on, or otherwise respond, or enable the response, to the Vital Content;use the Platform in a manner that impacts the stability of Vital’s servers or impacts the behavior of other Platforms using the Platform;display the Vital Content on any site that disparages Vital or its products or services, or infringes any Vital intellectual products or other rights;use the Platform or Vital Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual products rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Vital’s sole discretion) to Vital, its providers, its suppliers, end users of this website and Platform.use the Platform, Vital Content or Vital Brand Features in a manner that could reasonably be interpreted to suggest that Vital is the author or entity that is responsible, in whole or in part, for the creation or development of any Vital Content or that such Vital Content represents the views of Vital;use the Platform or Vital Content in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware and/or other malicious programs or code; unsolicited mass distributions of e-mail (“spam”), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve (“web spam”) multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes; and/or non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories; and Allowable non-commercial use of the Vital Content. Notwithstanding the foregoing, you may use the Vital Content to perform certain analysis for non-commercial uses only, such as creating rich visualizations or exploring trends and correlations over time, so long as the underlying Vital Content is only displayed in the aggregate as an analytical output, and not individually. For example, this is an acceptable non-commercial analytical use of the Vital Content. “Non-commercial use” means any use of the Vital Content which does not generate promotional or monetary value for the creator or the user, or such use does not gain economic value from the use of our content for the creator or user, i.e. you. If you are interested in commercial use of the Vital Content, please visit www.Vital.com

6. Proprietary Rights

As between you and Vital, the Platform, Vital Content, Vital Brand Features, and all intellectual products rights contained in the foregoing, are and will at all times remain the sole and exclusive products of Vital and are protected by Platform intellectual products laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). You agree that at no time during or after the termination of the Platform Agreement will you attempt to register any trademarks (including domain names) that are confusingly similar in any way to those of Vital Brand Features or Vital Content.

7. Term and Termination

The term of this Platform Agreement shall continue in effect until it is terminated by either party as set forth in this Section 7 (the “Term”). Vital reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the Platform and/or suspend or terminate your rights under the Platform Agreement to access, use and/or display (as applicable) the Platform, Vital Brand Features and/or any Vital Content. Any termination of the Platform Agreement will also immediately terminate the usage licenses granted to you hereunder. Such change, suspension or termination of the Platform may cause your existing services using the Platform to stop functioning properly. Upon any termination of the Platform Agreement, you will immediately cease use of the Platform and promptly delete and remove all calls to the Platform from all web pages, scripts, widgets, Platform, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the Platform, Vital Brand Features and/or any Vital Content; and you, upon Vital’s request, will promptly certify in writing to Vital that such actions have been taken.

8. Indemnity

You agree that your use of the Platform is at your own risk and you agree to hold harmless, defend (subject to Vital’s right to participate with counsel it selects) and indemnify Vital and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fee) arising from, or in any way related to (i) your or your Users’ use or implementation of the Platform or any Vital Content obtained from the Platform or (ii) any content on Your Site, including any statements, representations or warranties related to Vital. You will not agree to any settlement that imposes any obligation on Vital without Vital’s prior consent.

9. No Warranties; No Support

THE Platform, Vital BRAND FEATURES AND VITAL CONTENT ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, VITAL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE Platform, VITAL BRAND FEATURES AND ANY VITAL CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, VITAL DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE Platform WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE Platform AGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE Platform. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM VITAL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Platform AGREEMENT.

Vital and you are, and will remain, independent contractors, and nothing in the Platform Agreement will be construed as creating an employer-employee relationship, partnership or joint venture. You do not have any authority of any kind to bind Vital in any respect whatsoever.You agree not to make any public statements about Vital, information provided by Vital’s Platform, or your relationship with Vital under this agreement, without the prior written consent of Vital, which Vital may grant or withhold in its sole discretion. You further agree to not imply a different kind of relationship between you and Vital, including any implied endorsement of your content, products, or services by Vital.

Return and refund Policy

1. Standard Returns (For the final cunsumer):

  1. Policy Overview: Vital offers a refund the orders in specific circumstances.
  2. Cancellation Period: Two factors are applied for cancelation Customers have a grace period of [6 hours] from the time of purchase and any damages in the product.
  3. Refund Criteria: Full refund available if cancellation occurs as per item1.2.
  4. Deduction fees: no processing fees will be deducted from the total paid amount. 
  5. Refund Processing Time: Refunds processed within [15 to 45 days] after approval.
  6. Cancellation Process: Users can initiate cancellation by contacting Vital’s customer service on info@Vital.ae

2. Not meeting Vital Products Listing (for the suppliers):

  1. Policy Overview: A refund is not available if the submitted products listing does not meet Vital’s listing guidelines and fails to be approved, as per the below mentioned standard.
  2. Verification Process: Vital’s team will assess the products listing against the stated guidelines.

3. Partial Refund Cases:

  1. Listing Modification: If a user decides to modify their listing and the package was partially used, No partial refund policy is applicable unless the items damaged on missing.

4. No-Refund Scenarios:

  1. Expired Listings: No refunds for expired listings after the specified period from the initial listing date.
  2. Used Services: No refunds for completed or used services beyond the cancellation period.
  3. Violating Policies: Vital reserves the right to deny refunds if users violate the terms and conditions during the listing period, or not apply to the listing standard.

5. Refund Disbursement:

  1. Mode of Refund: Refunds processed via the original payment method (credit card, bank transfer, etc.)
  2. Refund Exceptions: Any incurred transaction fees or charges deducted from the refund amount.

6. Customer Support and Disputes:

  1. Customer Queries: Vital’s support team will address any customer queries regarding refund policies.
  2. Dispute Resolution: Disputes will be resolved through discussions, providing fair consideration to customer circumstances.

7. Policy Amendments:

  1. Policy Updates: Vital reserves the right to modify or update the return policy. Users will be notified of any changes.
  2. Note: All refund requests must comply with the mentioned conditions and procedures outlined in the return policy.

8. Terms of usage of ads and products listing

  • Photos: Attaché a minimum of 1 or more photos covering the apartment’s interior and exterior and views in high resolution 
  • Ensure attaché the products detailes
  • make sure that contact numbers are always correct and available.
  • make sure that the specified offered products is actually available.
  • Make sure that the price offered, whether it is for sale, is approximately matching the actual products valuation and within the gab of realistic available market prices of the same products specifications.
  • Ensure that the details of the products information, including the products description.
  • Vital will add and modify the description by translating the same into 2 languages, Arabic and English
  • The Vital team ensures that the required advertisement to be published complies with the above-mentioned conditions. If it does not comply with the conditions, the advertisement will be rejected until compliance is achieved, and the user will be banned from accessing the site, especially if the displayed products is unavailable or the purpose of the advertisement is price speculation.
  • Make sure that the products has not been repeated on the platform.
  • All products details should be fully clear such as the products number.
  • If the products is on installment, complete details of the remaining transaction must be specified
  • The products should not have any legal issues.
  • The user who list the product should be (Legally Licensed).
  • Providing products information does not mean that it has been approved by our company.

Terms Of Use

These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract.

1. DEFINITIONS

A.parties“you and “your refer to you as user of the service A“user“ is someone who accesses or in any way uses the service “we.“us.“and“our“refer to Vital and its subsidiaries.

Content. “Content”

means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content  that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations,check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Vital Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Vital or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Vital Content, and Third Party Content.

Sites:

means Vital’s website (www.Vital.com and related domains) and mobile applications. “Account” means any Consumer Account or Business Account.

2. CHANGES TO THE TERMS:

We may modify the Terms from time to time. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. Even if we make material changes to these Terms,. You should revisit these Terms on a regular basis as revised versions will be binding on you.

3. TRANSLATION:

We may translate these Terms into other languages for your convenience. Nevertheless, the Country Language version where the service is provided governs your relationship with Vital, and any inconsistencies among the different versions will be resolved in favor of the that country language version.

4. USING THE SERVICE

or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

Our Right to Use Your Content:

We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Vital and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership.

As between you and Vital, you own Your Content. We own the Vital Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Vital Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Vital Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Vital Content are retained by us.

Advertising: 

Vital and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Other:

User Content (including any that may have been created by users employed or contracted by Vital) does not necessarily reflect the opinion of Vital. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates theses terms. Except in accordance with Vital’s Verified License program, Vital does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by Vital will have a “Verified License” badge displayed on their Vital business page.

5. REPRESENTATIONS AND WARRANTIES

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

A. You represent and warrant that:

  1. You have read and understood Our terms and conditions.
    2. You have read and understood our privacy policy. If you use the Service outside of the UAE, you consent to having your personal data transferred to and processed in UAE; and 
    3. Prior to attending any event listed on the Service, you have read and agree to Our terms and conditions. 

B. You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

  1. Violate our Terms, including the Content Terms and Conditions.
    2. Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review.
    3. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual products or proprietary right.
    4. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
    5. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with theses Terms.
    6. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
    7. Solicit personal information from minors, or submit or transmit pornography.
    8. Violate any applicable law.
    9. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Vital;
    10. Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Vital.
    11. Reverse engineer any portion of the Service, unless applicable law prohibits this restriction.
    12. Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
    13. Record, process, or mine information about users;
    14. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
    15. Reformat or frame any portion of the Service;
    16. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Vital’s technology infrastructure or otherwise make excessive traffic demands of the Service;
    17. Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
    18. Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
    19. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
    20. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
    21. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

6. ADDITIONAL POLICIES AND TERMS 

Copyright and Trademark Disputes. You agree to follow our terms and conditions, privacy policy & terms of service in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.

A. Additional Terms.Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.

7. ARBITRATION, DISPUTES, AND CHOICE OF LAW

A. If you are a resident of the UAE or / and in the country where the service is provided:

1.EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND VITAL (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND VITAL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
2.“Excluded Claims” means: (a) Claims brought by you or Vital that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual products (like copyrights and trademarks), violations of Vital’s Terms of Use (which, for clarity, are governed by those terms), or a breach of Section 6 above (Representations and Warranties). Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration. Notwithstanding this paragraph, Business Claims, as defined in Section 3 of the Additional Terms for Business Accounts, are governed by that section.
3.Excluded Claims and Claims that cannot be arbitrated must be brought in court. UAE law or / and where the service is provided will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Vital may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within UAE or / and in the country where the service is provided, and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
4.Arbitration shall be administered by the UAE Law and / or in the country where the service is provided in accordance with itsConsumer Protection Act then in effect. For more information.Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

8.TERMINATION

A.You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Vital with a notice of termination.
B.We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information with no right of any claims or refunds.

9. GENERAL TERMS

A.We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
B.The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
C.Any failure on Vital’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Vital.
D.If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
E.The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Vital’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
F.You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Vital as a result of these Terms or your use of the Service. 
G.The section titles in the Terms are for convenience only and have no legal or contractual effect.

ADDITIONAL TERMS FOR BUSINESS ACCOUNTS The following terms (“Business Terms”), in addition to the Terms of Service
above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Vital on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Vital. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.

PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.

1. REQUIREMENTS, REPRESENTATIONS AND WARRANTIES

A. In order to access or use the Services, you agree that:

i.you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”);
ii. your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
iii. you grant Vital a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology your access to or use of the Vital Site will only be in your capacity as an authorized representative of your Business
iv. you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes
v. you understand that we may display health score information for your Business, and may place a Consumer Alert regarding that health score, on Vital page for your Business
vi. you understand and agree that we may share certain aggregate or otherwise deidentified information about your responses to Request a Quote leads with other Businesses, for example, the number of total Businesses responding to the lead and the speed of those responses; and
vii. you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under UAE law and / or in the country where the service is provided and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on the Vital page for your Business, if we have a good faith belief that such clauses are used by your Business.

B. You represent and warrant that you will not, and will not authorize or induce any other party, to

i.offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that Vital, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
ii.solicit or ask for reviews from your customers;
iii.write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
iv.pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Vital’s Recommendation Software (defined below) or fraud detection systems;
v.attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
vi.use any automated means or form of scraping or data extraction to access, query or otherwise collect Vital data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Vital in writing.
vii.use any Vital trademark or service mark in any manner without Vital’s prior written consent; or
viii.misrepresent your identity or affiliation to anyone in connection with Vital.

C. You understand and acknowledge that Vital allows consumers to:

post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Vital employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently. You understand and acknowledge that while Vital uses its Software to identify potentially less helpful reviews, the Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews.You understand and acknowledge that any purchase of advertising or other paid features from  Vital will not influence the Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Vital.  

The following Sections 2 and 3 apply if you are a resident of
the UAE and / or in the country where the service is provided:

2. DISCLAIMERS AND LIMITATIONS OF LIABILITY:

The federal LAW AND CUNSUMER PROTECION ACT limits the liability of interactive computer services, like VITAL, for their role in publishing third-party Content, including consumer reviews. Additionally, may require you to pay VITAL’s attorneys’ fees if you attempt to impose such liability on VITAL through legal proceedings.
3.ARBITRATION, DISPUTES, AND CHOICE OF LAW FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR VITAL.Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account Business Site; (each such controversy or claim, a “Business Claim”), shall be settled by arbitration administered by the UAE Courts and / or in the country where the service is provided in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the UAE LAW and / or where the service is provided for any such error. “Excluded Business Claims” means Claims related to intellectual products (like copyrights and trademarks) or violations of Section 6 of the Terms of Service (Representations and Warranties).Business Claims shall be heard by a single arbitrator. Arbitrations will be held in UAE and / or in the country where the service is provided, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of UAE and / or where the service is provided. The prevailing party shall be entitled to an award of reasonable attorneys’ fees

Seller, affiliate, company:

1- Required Qualifications and Representations:

The above-mentioned parties must be a company, with an active license to perform the work duties each as per their area of specialty or/and experience related to the Vital, and maintain a permanent business presence in Vital Platform.  You are requested to represents that he/she meets such qualifications.

2- Work process and comply to Platform terms of use and other related:

A. Registration:

1-You are requested to register in the platform and to fill all information.
2-To send to “info@vital.ae” the certification or/and curriculum vitae “CV” related to your area of specialty.
3-The profile will be checked and verified by Vital for final approval and platform listing.
4-Any missing information the profile submission will be neglected.
5-Vital platform reserve the right to hold, hide or cancel your listing and subscription anytime and without reason.

B. Assignments and Transparency:

1-Once your profile approved and listed you will be assigned by Vital directly or by its users to offer the products to the clients.
2-You may agree or refuse the assignment to offer the client the product
3-A professional behavior is highly required while dealing with Vital clients.
4-You agree not to enforce or/and ask the client for any extra charges or fees or commission rather or more than the mentioned in the products offer or as per requested by Vital.
5-You are not entitled for any money receivable from the client at all and by any mean.
6-The financial settlement payment will be done after finalizing the deal.
7.You are not entitled to any salary, fees, or /and compensation for any kind by Vital or its parties.
8-You are requested to inform Vital with all and any direct contact between Vital client and you.
9-Any deal or agreement is done by using the information or tools published by Vital will be legally applicable for a financial claim and compensation (For example and not limited to: refusing a products tour and then contacting Vital client), you agree to pay any claim may requested by Vital in case of such breach of terms.

3- Proprietary Data Compilations

As a result of the platform terms of use, all parties will have access to certain information concerning relating to the srvices and products.  While portions of such data may be public knowledge, the compilation thereof into databases by Vital Platform, is inherently valuable and constitutes proprietary data compilations (“Proprietary Data Compilations”).  Affiliate will not misuse, misappropriate, or disclose in writing, orally or by electronic means, any Proprietary Data Compilations, directly or indirectly, to any other person or use them during the term of this Agreement, or after its conclusion, except in furtherance of the marketing of real products anticipated by these terms of use. All files, documents, software, and similar items, whether existing physically or in electronic format, that contain or pertain to Vital platform Proprietary Data Compilation are and will remain the products of Vital platform. All parties agrees not to make and keep copies of any confidential or Proprietary Data Compilation for personal or professional use outside those uses anticipated by this Agreement and any Rules.

4- Entirety of rules and regulations.

This Terms of use and all written Rules established by Vital contain all of the covenants and agreements between the parties with respect to that Services. No other agreements, oral or written, exist between the parties to this terms of use with respect to the subject matter hereof.

5- Law Governing these terms.

This Agreement is governed by and is to be construed in accordance with the laws of the country of UAE and / or in the country where the service is provided.

6- Fees and commission

Vital might provides all users with services for listing prouducts advertisements by applying fees to the listed advertisements and commissions due to Vital from the accounts of users.

Terms of usage of products listing:

  1. Photos: Attaché a minimum of 10 or more photos covering the apartment’s interior and exterior and views in high resolution.
  2. Ensure having the (commercial license)
  3. make sure that contact numbers are always correct and available.
  4. make sure that the specified offered products is actually available.
  5. Make sure that the price offered, whether it is for sale, is approximately matching the actual products valuation and within the gab of realistic available market prices of the same products specifications.
  6. Ensure that the details of the products information, including the products description.
  7. Vital will add and modify the description by translating the same into 2 languages, Arabic and English.
  8. The Vital team ensures that the required advertisement to be published complies with the above-mentioned conditions. If it does not comply with the conditions, the advertisement will be rejected until compliance is achieved, and the user will be banned from accessing the site, especially if the displayed products is unavailable or the purpose of the advertisement is price speculation.
  9. Make sure that the products has not been repeated on the platform.
  10. All products details should be fully clear such as the products number.
  11. If the products is on installment, complete details of the remaining transaction must be specified.
  12. The products should not have any legal issues.
  13. Providing products information does not mean that it has been approved by our company.