BDD MOBILE APP
Please read these Terms carefully before using our Mobile App, as these will apply to your use of our Mobile App. We recommend that you print a copy of these Terms for future reference.
YOU ACKNOWLEDGE AND AGREE THAT, BY DOWNLOADING OR ACCESSING OR USING THE MOBILE APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE MOBILE APP OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REVIEW OF THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE MOBILE APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE MOBILE APP OR THE SERVICES. If you accept or agree to these Terms 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, in such event, "you" and "your" will refer and apply to that company or other legal entity.
1. INFORMATION ABOUT US AND YOU
The Mobile App is operated by ZRE ("we" or "us" or "ZRE"). We are registered in Lebanon before the trade registry of Beirut under number 1014808 and have our registered address at Floor 8, BDD 1499, Nassif El Yaziji Street, Bachoura, Lebanon.
The Mobile App and Services are made available to individuals and corporate entities alike for business purposes only. If you use the Mobile App and Services as an individual (for example for personal use, as a freelancer or as a sole trader), any references to "you" in these Terms shall be interpreted accordingly. If you use the Mobile App and Services on behalf of, or in your capacity as an employee or agent of, a corporate body, association or partnership, any references to "you" in these terms shall be interpreted as a reference to such corporate body, association or partnership and you expressly warrant and represent that you are authorized to bind such corporate body, association or partnership accordingly.
We license you to use:
- BDD App mobile application software and any updates or supplements to it.
- The related online documentation.
- The Service you connect to via the Mobile App and the content we provide to you through it.
This Mobile App requires a smart device.
If you download the Mobile App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
2. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Mobile App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. OTHER APPLICABLE TERMS
The ways in which you can use the Mobile App may also be controlled by the APP Market place rules and policies.
By downloading or accessing or using the Mobile App or Services, you acknowledge and agree to be bound by the terms of services of [Rays Labs]https://getray.com/terms-conditions.php
4. CHANGES TO THESE TERMS
ZRE reserves the right, at its sole discretion, to modify the Mobile App or Services or to modify these Terms, including the Service, at any time and without prior notice. If we modify these Terms, we will post the modification on the Mobile App or provide you with notice of the modification. By continuing to access or use the Mobile App or Services after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Mobile App and Services. ZRE encourages you to periodically review the Terms to stay informed of our updates.
5. COLLECTION OF TECHNICAL & LOCATION DATA
By using the Mobile App or any of the Services, you agree to us collecting and using technical information about the devices you use the Mobile App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Mobile App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us from collecting such data at any time by turning off the location services settings.
6. UPDATE TO THE MOBILE APP AND CHANGES TO THE SERVICES
From time to time we may automatically update the Mobile App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Mobile App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Mobile App and the Services.
7. THE SERVICES
The Mobile App facilitates the use of the Services as offered by ZRE to its Registered User. The Services will enable inter alia the Registered User to be connected, be updated on the activities of BDD and communicate with other Registered Users. As stated above, BDD makes available a platform with related technology for Registered Users to benefit from online Services.
8. ACCESSING OUR MOBILE APP
Our Mobile App is made available free of charge.
We do not guarantee that our Mobile App, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Mobile App or Services at any time and at our discretion, without notice. We will not be liable to you if for any reason our Mobile App is unavailable at any time or for any period. We may also impose limits on certain services, features or functions, or restrict access to parts of our Mobile App and Services at any time without notice or liability.
You are responsible for making all arrangements necessary for you to have access to our Mobile App.
You are also responsible for ensuring that all persons who access our Mobile App through your internet connection are aware of these Terms and other applicable terms and conditions listed above, and that they comply with them.
9. ACCURACY OF INFORMATION
ZRE uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in the Mobile App is accurate, complete, reliable, current or error-free or that the Mobile App will be free from viruses. We also are not responsible for any errors or omissions in this Mobile App. Although we may modify the contents, make improvements to the Mobile App or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavor to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Mobile App is entirely at your own risk, ZRE will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Mobile App.
10. ACCOUNT REGISTRATION
You may browse our Mobile App as a guest. However, in order to be able to benefit from certain Services via the Mobile App, you must become a registered user (a "Registered User").
In order to register as a Registered User, you must be aged 18 or over at the point of registration and must provide all the information required on the registration form, including your full name, email, and password. The registration process may require you to verify the email address that you have provided to us.
We have the right to disable any Registered User's email or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and/or if we believe that your account is being used in an unauthorized or fraudulent manner.
If you know or suspect that anyone other than you knows your username and password you must promptly notify us on [email protected] or 01-660941. Following such notification, you may be required to set up a new account with a new email and/or password.
You shall be liable for any use of or access to our Mobile App that is undertaken using your email and password, save where such use or access occurs after we have been advised by you of any loss, misuse, or disclosure of the relevant username or password.
11. OUR INTELLECTUAL PROPERTY RIGHTS
With the exception of User Information, all right, title, interest and intellectual property rights (including patents, trademarks, design rights, copyrights, database rights, trade secrets, rights in confidential information and all rights of equivalent nature anywhere in the world, together with any applications or rights to apply for the foregoing) ("IPR") in our Mobile App and the Services are the property of their respective owners.
As the case may be, we grant you a royalty-free, non-exclusive, non-transferable license to use materials made available by us on, through or via our Mobile App or the Services ("ZRE Materials"). All other use or dissemination of such ZRE Materials (by any means and in whole or in part) is prohibited without the prior written permission of us. In addition, you shall ensure that you do not delete or amend any copyright or other notices displayed on ZRE Materials or any copies of them.
Access to or use of our Mobile App or Services does not grant you any ownership right in our Mobile App, Services, or ZRE Materials, or User Information not provided by you.
Our status (and that of any identified contributors) as the authors of content on our Mobile App must always be acknowledged.
You shall treat as confidential and shall not (other than where permitted or compelled to do so by any applicable law) use or disclose to any person (nor permit the disclosure of) any of our confidential information, which shall include any information (in whatever form) which is not publicly known and which is disclosed to, or otherwise learnt by you in connection with our Mobile App, Services or these Terms, including the content of the ZRE Materials, User Information not provided by you, and these Terms.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the ZRE Materials. ZRE content is not for resale. Your use of the ZRE Materials does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the User Information without the express written permission of ZRE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the IPR or our licensors except as expressly authorized by these Terms. You have no right to sublicense the license rights granted in this section.
This section shall survive any termination of these Terms.
12. USER INFORMATION
From time to time, Registered Users may be required or choose to provide information or content via our Mobile App and Services ("User Information"). This may be in connection with your registration as a Registered User or may be through the use of interactive services or functionality which we may provide on the Mobile App from time to time (including but not limited to reviews, chat rooms, blogs).
When communicating your User Information using our Mobile App or Service (by any means), you must not:
- use any language or provide any other information that is or may be interpreted as supporting or promoting hatred towards any person based on race, ethnicity, religion, gender, gender identity, disability or sexual orientation;
- behave in a manner that may be defamatory, obscene, discriminatory, offensive, hateful, threatening, deceptive or inflammatory;
- harass, abuse, upset, embarrass, alarm or annoy any other person;
- commit any fraudulent activity, including but not limited to impersonating a person, or misrepresenting your identity or affiliation with any person;
- send unsolicited advertising or marketing materials, spam or request donations;
- interfere with or jeopardize our Mobile App or the Service or the business of any other user;
- collect, “scrape” or “harvest” any information about any other people using our Mobile App, including but not limited to any personal information;
- promote any illegal activity;
- infringes, misappropriates or violates our IPR or a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violate, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar or offensive;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promote illegal or harmful activities or substances; or
- promote, assist or encourage any Registered User to communicate in any of the manners described above.
We have the right to remove any comments you make on our Mobile App or any of your User Information if, in our opinion, it does not comply with the above.
We will not be responsible, or liable to any third party, for any User Information posted by you or any other Registered User. ZRE does not endorse any Registered Users. In addition, although these Terms require Registered Users to provide accurate information, we do not attempt to confirm, and do not confirm, any Registered Users purported identity. ZRE is not responsible for any damage or harm resulting from your interactions with other Registered Users.
By using the Mobile App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Registered Users or other third parties will be limited to a claim against the particular Registered User or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from ZRE with respect to such actions or omissions.
We reserve the right to disclose your identity to any third party who is claiming that any of your User Information constitutes a violation of their IPR, or of their right to privacy. If you suspect a user is communicating in breach of this section, please contact us on [email protected] or 01-660941immediately.
You acknowledge that any interactive services or functionality provided on our Mobile App are not a secure means of communication and may be subject to intrusion, fraudulent use and/or modification for which we cannot and shall not guarantee the security, authenticity, completeness, content or source of the information/data sent or received. Consequently, you fully accept the risk, whatever the nature, which could arise from the Registered User of such interactive services or functionality.
Always use caution when giving out any personally identifying information about yourself or your children when using the Mobile App, Services or User Information. ZRE does not control or endorse the content, messages or information found in the User Information, therefore, ZRE specifically disclaims any liability with regard to the User Information and any actions resulting from your participation in any User Information. Managers and hosts (that are not ZRE employees) are not authorized ZRE spokespersons, and their views do not necessarily reflect those of ZRE.
13. USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Mobile App, Services and User Information. In connection with your use of our Mobile App and Services, you may not and you agree that you will not:
– violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
– defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
– publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
– upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless the Mobile App and the Services specifically allows such messages;
– conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another Registered User that you know, or reasonably should know, cannot be legally distributed in such manner;
– falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Mobile App and the Services;
– use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Mobile App, Services or User Information;
– use the Mobile App or Services for any purposes that are not expressly permitted by these Terms;
– copy, store or otherwise access any information contained on the Mobile App, Services or User Information for purposes not expressly permitted by these Terms;
– use our Mobile App or Services in connection with the distribution of unsolicited commercial email (“spam”);
– register for more than one account or register for an account on behalf of an individual other than yourself;
– impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
– use automated scripts to collect information or otherwise interact with the Mobile App or Services;
– systematically retrieve data or other content from our Mobile App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
– use, display, mirror or frame the Mobile App or any individual element within the Mobile App or Services, ZRE’s name, any ZRE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ZRE’s express written consent;
– access, tamper with, or use non-public areas of the Mobile App or ZRE’s computer systems, or the technical delivery systems of ZRE’s providers;
– attempt to probe, scan, or test the vulnerability of any ZRE system or network or breach any security or authentication measures;
– avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ZRE or any of ZRE’s providers or any other third party (including another user) to protect the Mobile App, Services or User Information;
– forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Mobile App, Services or User Information to send altered, deceptive or false source-identifying information;
– attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Mobile App, Services or User Information; or
– advocate, encourage, or assist any third party in doing any of the foregoing.
ZRE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ZRE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ZRE has no obligation to monitor your access to or use of the Mobile App, Services or to review or edit any User Information, but has the right to do so for the purpose of operating the Mobile App and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ZRE reserves the right, at any time and without prior notice, to remove or disable access to any User Information that ZRE, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Mobile App or Services. ZRE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ZRE's sole discretion.
14. USER INTELLECTUAL PROPERTY RIGHTS
User Information made available through and on our Mobile App is the sole responsibility of the Registered User from which such User Information originated.
You grant us and each Registered User of our Mobile App and Services (a worldwide, perpetual, royalty-free, irrevocable, transferable license to use, copy, modify, reproduce, display and distribute the User Information provided by you for the purpose of providing or using the Mobile App or Services.
All other use or dissemination of any User Information belonging to another user (by any means and in whole or in part) is prohibited without the prior written permission of the applicable user.
This section shall survive any termination of these Terms.
If you wish to make any use of content on our Mobile App other than that set out above, please contact [email protected] or 01-660941.
16. VIRUSES, HACKING AND OTHER OFFENCES
We do not guarantee that our Mobile App will be secure or free from bugs or viruses. We will not be liable for any losses which you sustain as a result of any virus, trojan, worm, logic bomb, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to use of our Mobile App or Services.
17. LIMITATIONS ON LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
Save to the extent prohibited by law, we exclude all conditions, warranties, representations or other terms which may apply to our Mobile App or any content on it, or our Services, whether express or implied.
We will not be liable to any user (whether a Registered User or a guest) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Mobile App or Services;
- use of or reliance on any content displayed on our Mobile App or Services, including ZRE Materials;
- any User Information;
- any acts or omissions by you, any other users, or your or their personnel;
- us, or other users, acting on User Information or other communications which purport to have been made by or on behalf of you but which have been created or sent by (i) a third party purporting to act in your name, or (ii) a person who has lawful access to the Services but who exceeds their authority.
Neither we nor any of our agents, licensors or delegates or its or their directors, officers or employees will be liable to any party for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation and/or any indirect or consequential loss or damage.
We have used our reasonable efforts to ensure that the ZRE Materials are compiled from sources that we believe to be reliable and accurate. However, we do not represent or warrant the accuracy of the ZRE Materials and the ZRE Materials may be incomplete or condensed and may be subject to change without notice.
Subject to the first paragraph of this section, the total aggregate liability of us to you for all losses arising out of or in connection with these Terms, our Mobile App, Services and ZRE Materials (whether such losses arise in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed US$100.
You agree that the exclusions and limitations set out in these Terms are reasonable in light of:
- the nature of our Mobile App and the technology used to provide our Mobile App, to use and access it and to participate in the Services; and
- the availability of insurance against the risks and losses or damage which might arise in relation to such use, access and participation.
You will indemnify and keep indemnified us, our agents and delegates and our and their directors, officers and employees (each an "Indemnified Person") from and against all losses incurred by an Indemnified Person which arise directly or indirectly out of:
- you violating our rights or any applicable law or other rules relating to or displayed through our Mobile App;
- your use of or inability to use the Mobile App or the Services, your User Information, your violation of any terms of the Terms or your violation of any rights of a third party;
- you or any of your agents, officers or employees failing to maintain the security and confidentiality of your username and password or otherwise losing, disclosing or misusing any such details;
- any claim, dispute or proceedings that you may have against another user or that another user may have against you; or
- any claim, dispute or proceedings of any third party in connection with the use of the Mobile App or the Services or the User Information.
The indemnity above does not apply to any Indemnified Person in so far as such losses result directly from (a) the proven negligence, willful default or fraud of such Indemnified Person or (b) a breach of these Terms by us.
We may transfer all or any of our rights, liabilities and obligations under these Terms to any third party and we will notify you of any such transfer. You will be taken to have consented to such transfer by continuing to access our Mobile App or use the Services after such notification.
We may delegate the provision of our Mobile App or the Services or the performance of any obligation or function and reserve the right to use any agents on such terms as we may think fit.
You shall not assign or transfer (or purport to assign or transfer) or otherwise deal with (including through the declaration of a trust) in whole or in part, your rights or obligations under these Terms without our prior written consent.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Mobile App and Services, and (b) deactivate or cancel your account. In the event ZRE terminates these Terms, or your access to our Mobile App and Services or deactivates or cancels your account you will remain liable for all amounts due hereunder (if any). Please note that if your account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Mobile App and Services, including, but not limited to any reviews.
21. MATTERS OUTSIDE OUR CONTROL
We shall not be liable to you or in breach of any of these Terms for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
22. ENTIRE AGREEMENT
You acknowledge that you have entered into these Terms in reliance only on the representations, promises and terms contained in these Terms and, save as expressly set out in these Terms, neither party shall have any liability in respect of any other representation, warranty or promise made prior to these Terms unless it was made fraudulently.
23. THIRD PARTY RIGHTS
Except as provided for immediately above these Terms shall not be enforceable by any third party. You may not transfer any of the rights we give you under these Terms unless we expressly agree in writing.
24. GENERAL PROVISIONS
Without prejudice to your other obligations, you shall, and shall use your best endeavors to ensure that a third party shall, do everything necessary to give full force and effect to these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZRE as a result of these Terms or as a result use of the Mobile App or the Services (except if you already entered into a separate written agreement with ZRE).
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms shall continue in effect.
The failure of ZRE to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ZRE. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ZRE (i) via email (in each case to the address that you provide) or (ii) by posting to the Mobile App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
26. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, construed and take effect in accordance with the laws of Lebanon.
The courts of Beirut shall have exclusive jurisdiction to settle any claim, dispute or matter of difference that may arise out of or in connection with these Terms, our Mobile App or Services.
27. CONTACT US
ZRE welcomes your questions or comments regarding the Terms:
Email Address: [email protected]