OCTOOS - Terms and conditions
- Octoos is a marketplace platform, operating on the website Octoos.com, to connect Clients (also referred to as “Explorer(s)”) with Service Providers (also referred to as “Talent(s)”) to offer and book services (also referred to as “Experience”) among themselves through an e-transaction.
- These terms and conditions shall govern the use of our website.
- In this policy, “Octoos”, "we", "us" and "our" refer to the website octoos.com and engage only its controlling entities.
- By using our website, you automatically accept the general provisions of these terms and conditions; accordingly, if you disagree with conditions or any part of these terms and conditions, you must not use our website.
- If you register with our website, submit any information to our website or use any of our website services, we will ask you to expressly agree, via a checkbox, to these terms and conditions and you will be further bound them.
- We reserve the rights to revise any of all or part of these terms and conditions without notice at our sole discretion. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
- For information about how we collect and use the information you submit to our website, you may refer to our Privacy and Cookies Policy.
- These terms and conditions are available in English language and French language.
- Intellectual Property Rights
- Octoos.com is a website operated and controlled by The French Link FZE, a company duly incorporated under the laws of United Arab Emirates, and/or its affiliated entities with Copyright (c) 2020.
- The website octoos.com, the name Octoos, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
- Subject to the express provisions of these terms and conditions we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website and all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
- Permitted and Prohibited Use
- You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- You may only use our website for the purpose of enquire about our services, looking to book, book an Experience, looking to offer or offer an Experience; you must not use our website for any other purpose.
- Subject to the other provisions of these terms and conditions, you may:
- Intellectual Property Rights
- view pages from our website in a web browser; download pages from our website for caching in a web browser; print pages from our website for your own personal and commercial use; stream audio and video files from our website using the media player on our website; use our website services by means of a web browser;
- download, save on your computer and/or print these terms and our privacy and cookies policy; download, save on your computer and/or print materiel related to your use of our services such as booking confirmation, payment receipt;
- redistribute content of our website for the purpose of promoting Octoos (sharing social media posts and other marketing materiel).
Except as expressly permitted by this Section 2 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer, edit or otherwise modify any material on our website, copy, republish or redistribute, sell, rent or sub-license material from our website or exploit material from our website for a other purpose than the one defined.
- Subject to the other provisions of these terms and conditions, you must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- circumvent any authentication or security systems or processes on or relating to our website;
- do anything that interferes with the normal use of our website.
- We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website when we maintain or update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
- USERS ACCOUNT
- To use our OCTOOS services, you may register for an Explorer or a Talent account by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you and formally express your consent to our Terms and Conditions and Privacy and Cookies Policy.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- To be eligible for an Explorer account on our website, you must be at least 18 years of age.
- To be eligible for a Talent account on our website under this Section 7, you must comply with the applicable laws, regulations and professional rules or your country of domicile and/or the country were you will provide your services to the Explorers for the type and the form of services you intent to and will provide, including but not limited to obtain and maintain all licenses, authorizations, insurances and qualifications required for the services offered and provided.
- The registration for an Explorer or Talent account is free of charge.
- Use of Account
- Upon registration, you will be asked to choose a password. You must keep your password confidential and you are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- If you register in the course of a business, you declare being in full capacity and have all legal and corporate authority to represent the person, company or legal entity that operates the said business and, by doing so, you bind both yourself and the person, company or other legal entity that operates that business, to these terms and conditions.
- You agree that some of your registration information will be shared with the counterparty to your transaction (Explorer or Talent) upon booking of an Experience and to the extend required for the execution of the Booking between Explorer and Talent.
- Our Rights to Use, Edit, Suspension and Cancellation of Account
- In these terms and conditions, "your content" means all materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and publish your content on and in relation to this website and any successor website.
- We reserve the right to edit, suspend or restrict access to or delete your account, should you breach our terms and conditions or if we consider, at our sole discretion, that you have used your account in a manner that circumvent the purpose of our website. The decision may be taken at any time, without notice or explanation, providing that if we cancel any Booking you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, in accordance with our refund terms.
- You may modify or update any information of your account or cancel your account at anytime. You will not be entitled to any refund if you cancel your account after validating a booking or paying for an experience, subject to applicable cancellation and refund terms.
- EXPERIENCES OFFERS
- If you register with our website as a Talent, you will be able to submit your Experience offer(s) to the website.
- To create an Experience offer on our website, you should complete and submit the form within the appropriate Experience categories.
- Your submission of Experience offer will be reviewed within 48 (forty-eight) hours before publication:
- Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any offer that breaches these terms and conditions or that do not meet, in our sole opinion, the purpose of our website; and if we reject, unpublish or delete a listing for any reasons, we will not refund any fees we are entitled to retain in respect of Experience(s) your offered and which was/were already booked.
- If we permit the publication of a listing, the Experience offer will be immediately published and remain as such indefinitely, subject to these terms and conditions. You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of services that have ceased to be available.
- Experience offers submitted to our website must be true, fair, complete and accurate in all respects.
- You must ensure that all prices specified in or in relation to a listing are in Arab Emirates Dirhams [AED] only and identifies, if applicable, the relevant VAT rate.
- You must not use our website to advertise, buy, sell or supply physical products, intangible products or downloadable products or to promote other services marketplace(s) through which you offer your services.
- You must not advertise, buy, sell or supply through or in relation to our website any service that breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law or encourages or facilitates criminal acts or civil wrongs or or facilitates the infringement of any intellectual property right.
- Reviews and Ratings
- If you have registered with our website and after the experience date, you will have the opportunity to submit reviews and rating about the Experience, the Explorer and/or the Talent, subject to these terms and conditions. Your reviews must be honest, reasonable and bona fide.
- You acknowledge that the user Reviews or Ratings published on our website are submitted by users, and that we do not usually review, approve or edit such reviews; accordingly, we do not warrant the completeness or accuracy of the user Reviews or Ratings. Reviews or Ratings published on our website are independent from us and do not necessarily reflect our views and opinions.
- You acknowledge that Reviews or Ratings published on our website may be out of date, biased, partial, misleading and/or inaccurate. You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action. We will not be liable to you for any loss or damage arising from any reliance you may place on any Review or Rating published on the website.
- You agree to the publication of Reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful. We reserve our right to remove reviews that we consider, at our sole discretion, defamatory or unlawful but we have no obligation to do so. You agree that you will not hold us liable in respect of any such Reviews.
- EXPERIENCE BOOKING AND EXECUTION
- If you have registered with our website as Explorer, you may request the booking of an Experience listed by a Talent by clicking on “Booking Now” button and submitting the payment information.
- After submission by the Explorer, the Booking shall be accepted by the Talent within 48 hours, latest 12 hours before the starting time of the Experience. The booking shall be considered formally confirmed upon receipt of a booking confirmation sent by email and/or on the User account (the “Booking Confirmation”).
- Upon receipt of the Booking Confirmation, an agreement is concluded between the Explorer and the Talent for the purchase and supply of service or services. Such agreement is subject to the laws and rules applicable in consideration of type of services, place of execution and other applicable criteria. Other or specific terms may be applicable if communicated by the Talent on the Experience offer at the time of booking. Both Explorer and Talent undertake to comply with the agreed terms and conditions of supply and/or in any event with the law applicable to such service agreement.
- The services related to the Experience must be provided with reasonable care and skill and must conform in all material respects to the description of the services in the Service/Experience offer and any other description of the services supplied or made available by the Talent to the Explorer.
- The Talent is solely responsible for the performance of the services, including without limitation the standard and quality at which the services are performed, any equipment or material used for the performance, the accuracy and veracity of any information or advice given during the Experience.
- The Talent is solely responsible for complying with applicable laws, regulations and professional rules, for obtaining and maintaining licenses, consents, insurances and qualifications and for registering with relevant tax authorities and paying all relevant taxes in relation to the services provided.
- We are not party to the service agreement between Explorer and Talent and provide no guaranty in relation to the execution of the said agreement, the performance of the services and any party’s obligation towards the other or applicable to them by law.
- PAYMENT TERMS
- The price for each Experience is listed on the offer (the “Price”), including any taxes, charges or expenses which are levied by the UAE government or pursuant to applicable UAE laws, identified as such.
- The payment of the Price must be executed in AED currency, via our website, using the payment options available (Debit/Credit card). When executing a payment by Debit/Credit Card, the Explorer confirms that the card or payment account details used is personnel or that the Explorer has authorization from the owner of the card to make such payment.
- The funds corresponding to the Price will be debited from the card upon issuance of the Booking Confirmation.
- If you dispute any debit made by us as a result of make an unjustified credit card, debit card or other charge-back through our website, you must contact us immediately and provide full details of your claim.
- Within 10 (ten) days after the Experience has taken place, the amount corresponding to the Price, less our OCTOOS fees, will be paid to the relevant Talent.
- OCTOOS fees
- We charge to the Talents a commission in respect of each sale of services made through our website.
- Our commission is defined with the Talent as a percentage of the Price applied by the Talent, for each Booking. Our commission is inclusive of VAT if applicable.
- We may vary commission rates from time to time by agreement with the Talent, but this will not affect any liability to pay commission that accrues before the new rates are posted.
- CANCELLATION TERMS
- The Explorer may withdraw a booking request at any time before receipt of the Booking Confirmation.
- After receipt of the Booking Confirmation, the cancellation policy as defined on the Experience offer will apply for any cancellation made by the Explorer.
- The cancellation policy is chosen by the Talent as either strict or flexible.
- For any cancellation and regardless of the cancellation policy chosen by the Talent, a cancellation fees equivalent to 15% (fifteen percent) of the Price will be retained by Octoos on the amount to be reimbursed (the “Platform Cancellation Fee”). Therefore, the cancellation policy chosen by the Talent applies only on the remaining 85% of the Price.
- We may decide to waive our rights to Cancellation Fee, at our sole discretion, where you have been unable to attend a Booking for genuine reasons which were outside of your control.
- OCTOOS ROLE AND RESPONSIBILITY
- Our Role
You acknowledge that:
- we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
- we do not check, audit or monitor the information contained in Experience offers and listings;
- we are not party to any contract for the sale or supply of services advertised on the website (except the marketplace and payment processing services made available to Explorers and Providers under these terms and conditions);
- we are not the agents or employers for any Explorer or Talent,
and accordingly we will not be liable to any person in relation to the offer for sale or supply of any services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and we will have no obligation to mediate between the parties to any such contract.
- Limitation of Liability
- You acknowledge that we cannot be held responsible for the behavior of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; you will not hold us liable in respect of any loss or damage arising out of any user behavior or user information.
- We will not be liable to you in respect of any losses of any nature arising out of any event or events within or beyond our reasonable control, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- Notwithstanding the above, nothing in these terms and conditions will:
- Limitation of Liability
- limit or exclude any liability for death or personal injury resulting from negligence of our own doing;
- limit or exclude any liability for fraud or fraudulent misrepresentation of our own doing; or
- limit or exclude any liabilities in any way that is not permitted under applicable law
and, if you are a consumer, your statutory rights will be excluded or limited by these terms and conditions, only to the extent permitted by law.
You hereby indemnify us, and undertake to keep us indemnified, against:
(a) any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions;
(b) any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our website, where that liability arises out of your failure to pay or to register to pay any VAT or other tax properly due in any jurisdiction.
- BREACHES OF THESE TERMS AND CONDITIONS
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access or your account to our website;
(c) permanently prohibit you from accessing our website;
(d) suspend or delete your account on our website; and or
(e) commence legal action against you, whether for breach of contract or otherwise.
- Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation, creating and/or using a different account.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions to any other affiliated or related entity.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
These terms and conditions, together with our Privacy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our website and our services and shall supersede all previous agreements between you and us in relation to the same.
- LAW AND JURISDICTION
- These terms and conditions shall be governed by and construed in accordance with UAE laws.
- Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Dubai Courts.
- CONTACT US
Company name : The French Link FZE
Address : Po Box 73920, Dubai, UAE
License No : 12832/2018
Contact : firstname.lastname@example.org