TERMS OF SERVICE
By Using Our Site, and/or our Service, You Accept to be bound by These Terms of Service for as long as you use this Site or Service. Even mere clicking onto the website pages constitutes your acceptance of these Terms of Service independent of whether you have completed a transaction with Kredium through this website or in another manner, including but not limited to by phone, by email, or facsimile.
Please read these Terms of Service carefully and ensure that you understand them before using Our Site, and/or our Service. These Terms of Service, together with any other documents referred to herein, set out the Terms of Service governing your use of this mortgage brokerage service offered via https://www.kredium.ae/ (the ‘Service’) and your use of this website (“Our Site”). It is recommended that you print a copy of these Terms of Service for your future reference.
These Terms of Service were last updated on May 17th, 2022.
Your agreement to comply with these Terms of Service is indicated by your use of Our Site and Service. If you do not agree to these Terms of Service, you must stop using Our Site and our Service immediately.
The following documents also apply to your use of Our Site/Services:
- Our Privacy Notice
- Our Cookie Policy
1. Definitions and Interpretation
1.1. In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for you to access and use the Services, as detailed in Clause 3 (Account).
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site and/or Service.
“Service” means services offered via kredium.ae and described in clauses 5 and 6.
“Service Provider” shall mean, depending on the Service offered, real estate agents, real estate brokerage firms, real estate developers, banks, financial institutions, and financial lenders that are licensed, regulated, and operational in the UAE, and which Kredium engages to offer the Services.
“User Content” means any and all information, data or other content you input, extract, collect, download, or transfer or otherwise make available on the Site and by using Services including but not limited to submissions (comments, improvements, suggestions, and ideas regarding the Site and/or Service) and testimonials (statement, image, likeness).
“We/Us/Our” means Kredium as referred to in the clause 2 (Information About Us).
“You” means the natural or legal person who accesses our Site and/or uses our Service.
2. Information About Us
2.1. Our Site is operated, and Services are provided by Kredium. We are a limited liability company with the registered address at Office 13 & 14 Ground Floor, The Iridium Building, Umm Suqeim Road, Al Barsha 1, PO Box 418766, Dubai, United Arab Emirates and the company number 1040588.
2.2. We are licensed by the Department of Economy & Tourism with the license Number: 1040588.
2.3. Please note that our subsidiaries and/or affiliates in countries other than the UAE may offer their services inaccordance with their local laws and terms of service.
3. Account
3.1. The Service requires an Account in order to access it. You may not create an Account if you are under 21 years of age. If you are a UAE non-resident or a UAE expat, the minimum age for creation of the account is 18 years or the legal age of your jurisdiction.
3.2. By using the Service as an individual, you warrant that you are of the required legal age and may legally enter into a binding contract with Kredium. Kredium cannot be held responsible for any misrepresentation of your age. You further warrant that you are not prohibited from using the Service under any applicable jurisdiction.
3.3. When creating an Account, the information you provide must be accurate and complete and you shall be responsible for ensuring the accuracy of the information you submit when creating an account with us. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date. You should also revise this information regularly to check that the information we have for you is correct. We reserve the right to remove or suspend accounts that are not truthful. We shall not be liable for any costs, expenses, or liabilities incurred by you due to inaccurate information.
3.4. All information and interactions you make through your account or through your use of our Platform must be appropriate, factual, and remain professional at all times. You shall at all times, (i) comply with applicable laws, rules and regulations, (ii) must not infringe on any intellectual or proprietary rights of any third party, (iii) must not promote, contain, or display information that is inaccurate, false or misleading in any way to a Services Provider in any way whatsoever, including but not limited to, impersonating or purporting to impersonate any other person, and (v) must not be offensive, illegal or inappropriate in any way.
3.5. It is recommended that you choose a strong password for your Account. Kredium may impose additional password requirements. It is your responsibility to keep your password safe. You must not share or disclose your Account details with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. You are fully and solely responsible and liable for all activities that occur under your Account and all damages and claims that may arise from any access to or use of this Site and Service that are result of unauthorized access that may occur after we have been notified by You that your credentials are corrupted, stolen, lost or otherwise misused. Kredium will not be liable for any unauthorized use of your Account. For the avoidance of any doubt, you may not use the account of anyone else or set-up more than one account for yourself, including when your account has been suspended or deleted by us for any reason. We do not accept responsibility for any activity that occurs through your account.
3.6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Kredium’s obligations under the law, as set out in Clause 18 (Personal Information).
3.7. We reserve the right to reject or approve any request to create an account, to suspend your account and/or to delete your account at our sole discretion without any liability for the same.
3.8. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any of the Services.
4. Access, use, and restrictions
4.1 It is your responsibility to make the arrangements necessary in order to access Our Site and use our Services.
4.2. You may not use the Site or Service or accept this Agreement; if you are not of legal age to form a binding contract with Kredium and/or you are prohibited by law from receiving or using the Service.
4.3. You acknowledge that these Terms of Service constitute a legally binding agreement between you and Kredium and shall be enforceable against you.
4.4. You shall be fully bound by these Terms of Service when using our Site and/or Service as they appear on the Site each time you access and use the Site and/or Service.
4.5. You shall only transact business with Kredium if you have the legal age required by applicable laws.
4.6. Access to Our Site and Services is provided on an “as is” and on an “as available” basis. To the extent permitted by applicable law, Kredium disclaims all warranties express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Kredium does not guarantee that this Site and/or Service will be available, uninterrupted, error free, or free from viruses or other harmful components, timely, secure, accurate, and Kredium is under no obligation to maintain the accuracy of this Site and any portion of the Service. If applicable law requires any warranties with respect to our Site and/or the Services to be given, all such warranties are limited in nature and duration to the minimum requirements imposed on us by law.
4.7. You acknowledge that Kredium is not and shall not be responsible for the results of any defects that may exist within this Site and/or Service and that it shall have no obligation to repair defects with this Site and/or Service. You shall bear all costs for servicing, repair, correction, or restoration that may be necessary for your data, software programs or computer equipment due to any viruses, errors, or other issues you may have while using the Site and/or Service.
4.8. Subject to limitations set out in these Terms, Kredium grants you a revocable, non- exclusive, and non-transferable limited right to access and use the certain parts of the Services but only for your personal, non-commercial use as a bona fide client of Kredium and not for any use on behalf of any third party.
4.9. Subject to limitations set out in this Terms you shall not use this Site and/or Service in a way that:
a) is unlawful and prohibited or in a way that can harm individuals or their property.
b) transmits any unsolicited emails, or other commercial communications, schemes, spam, flooding, advertisements, or solicitations of any other type including but not limited to solicitation for any mortgage brokerage or other commercial and promotional transactions.
c) breaches or induces a breach of any contractual relationship between Kredium, its employees, agents, or independent contractors.
d) harvests email addresses or any content from this Site.
e) suggests an express or implied affiliation with Kredium or relationship with Kredium (without the express written permission of Kredium).
f) manipulates the results of any Internet search engine by using any methods, means or devices to click onto this Site, or for any other purpose contrary to the purpose of using mortgage services as a bona fide client of Kredium.
g) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity.
h) is harmful to minors including but not limited to transmitting or uploading pornographic content or any other content that violates laws against child pornography, child sexual exploitation, and laws prohibiting the depiction of minors engaged in sexual conduct.
i) transmits or uploads content that is pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content.
j) that "crawls," "scrapes," or "spiders," any page, data or portion of or relating to the Site or Services (through use of manual or automated means).
k) that copies or stores any significant portion of the Web Page Content (defined below).
l) that harms, threatens, harasses, abuses, or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates, or tends to incite the commission of a crime or other unlawful activities.
m) that dilutes or depreciates the name and reputation of Kredium or any of its affiliates.
n) that unlawfully transmits or uploads any confidential, proprietary, or trade secret information.
4.10.Unless otherwise set out in these Terms, you undertake and warrant that you shall not:
a) to the extent permitted by the applicable law, (attempt to) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site and/or Services in any form or media or by any means, save as may be expressly permitted under these Terms, or
b) except to the extent such restriction is prohibited under the applicable law (attempt to) reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Site and/or Services, or
c) sell, rent, lease, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make use of the Site and/or Services except as expressly permitted under these Terms.
4.11. In addition to the above, you may not, directly or indirectly:
a) bypass or breach any security device or protection used for or contained in the Site and/or Service.
b) engage in any activity which interferes with or disrupts the Site and/or Service (including the performance thereof) and/or third-party data contained therein,
c) access, retrieve or index any portion of the Site and/or Services for purposes of constructing or populating a searchable database of information,
d) reformat, frame or place pop-up windows over any portion of the Site and/or Services, or otherwise affect the way that the Site and/or Service (or any portion thereof) is displayed,
e) add the use of ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Site and/or Services,
f) use the Site and/or Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or store or transmit material in violation of third-party privacy rights,
g) use the Site and/or Service in a way that would disrupt the normal flow of communication, or otherwise affect the other user’s ability to make use of the Services,
h) use the Site and/or Service to store or transmit code, files, scripts, agents or programs intended to do harm, including any form of malware, for example, viruses, worms, time bombs, and Trojan horses,
i) attempt to gain unauthorized access to the Site and/or Service, its related systems and (electronic communication) networks or permit direct or indirect access to or use of the Site and/or Service in a way that circumvents a contractual usage limit,
j) copy the Site and/or Service or any part, feature, function, or user interface thereof and/or access the Site and/or Services in order to build a competitive product or service,
k) solicit any user for any mortgage brokerage or other commercial promotional transaction,
l) use the Services in any way to violate any applicable law.
4.12. If you become aware of any breach of this clause 4 (Access, use, and restrictions), you shall promptly notify Kredium thereof.
4.13. Kredium may suspend the access to the Service in the event of: (a) Kredium becomes aware of what it deems a credible claim that Your use of the Service violates any applicable law, (b) Your use of the Service violates these Terms of Service or interferes with the normal operation of the Service; (c) Kredium being entitled hereunder to terminate the Terms of Service for cause, or as otherwise set out in these Terms of Service.
4.14. You are solely responsible and liable for your use of the Site and/or Service. You shall bear all costs and be responsible for maintaining all of the hardware, software, electricity, telecommunications, internet, and other products or services which are needed for you to use the Site and/or Service.
5. Real Estate Brokerage Services
5.1. Kredium provides an online platform to connect you with Service Providers and may provide the brokerage services for selling, purchasing, or leasing the real estate. Your relationship with Kredium in respect of the services provided shall be governed by the separate agreement and these terms and conditions shall make an integral part of such agreement. In addition, Kredium may advise you on real estate market conditions and prices. Please note that Kredium does not provide financial, investment, or other advice in relation to the Services.
5.2. We may charge a fee for the Services provided to you. However, this will be assessed on a case-by-case basis and will depend on the type of the real estate (off-plan, secondary, rental) and the complexity of the case. When we do not charge any fee, we shall receive a fee and/or commission from the Service Providers.
5.3. You shall make an offer to purchase the real estate from the relevant Service Provider by submitting your details on the terms defined by such Service Provider. However, Kredium may provide you with a quote, but it shall in no event constitute making an offer on behalf of the Service Provider to enter into contract with you.
5.4. Please note that the prices advertised on the Site are indicative and subject to changes. The determination of the prices is entirely at the discretion of the Services Providers and we do not have any impact on their change.
5.5. Kredium provides you with the possibility to advertise your property on our Site.
5.6. When listing your property on our Site, you have certain obligations.
5.7. If you are a broker, you warrant that you have received a valid license from the Real Estate Regulatory Authority (RERA), or its equivalent in the Emirate in which you are selling the property. In the event that the real estate you are advertising is under construction, you warrant that it has been registered with RERA.
5.8. If you are a developer, you warrant that you hold a RERA license or its equivalent in the Emirate in which you are selling the property. In accordance with the obligations imposed by RERA, you shall obtain approval for every property advertisement and display the number of your RERA permit each time you are advertising the property.
5.9. You warrant that you possess a valid authorisation to list the property on our Site, such as a title deed in case you are the owner of the property or the relevant authorisation of the property owner if you are listing the property on behalf of the owner.
5.10. In any event, no matter whether you are a broker, developer, or the owner of the property, you may only advertise the properties which are currently available for sale. We reserve the right to remove any listings at our own discretion.
5.11. When posting the advertisement, you warrant that it shall not contain unlawful language or use of the premises and shall not include defamatory, misleading, or deceptive statements, sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use), sharing of a property in any way that is deemed unlawful, or contain language that promotes illegal or immoral activities under the law of the UAE.
6. Mortgage Brokerage Services
6.1. Kredium offers mortgage services to UAE citizens, UAE residents foreign nationals, and all other foreign nationals not legally resident in the UAE. Kredium provides You with the personalized offer from the relevant Service Providers.
6.2. In principle we do not charge a fee for the mortgage brokerage services. However, we reserve the right to charge a transaction advancement fee in complicated cases and we will assess on a case-by-case basis whether such a fee is necessary. We shall receive a fee and/or commission from the Service Providers.
6.3. To obtain the Service, you shall complete and submit an online form available on the Site (“Application”). This online form is designed to provide us and Service Providers with the necessary relevant and timely information relating to the Services you wish to use. In addition, You shall submit relevant documents to Kredium by uploading them onto the platform so that Kredium can facilitate the mortgage pre-approval stage and forward your profile and documents to the Service Provider. The information you provide to the Service Providers shall be used for the provision of rate comparison and applying for a mortgage pre-approval. The Service Provider shall be entitled to analyze the application and provide the final decision. Once your mortgage pre-approval application has been accepted, you will receive a digital pre-approval letter.
6.4. You shall be responsible for any errors in the information, content, material, or data before you obtain any Service from a Service Provider or apply for a mortgage pre-approval.
6.5. You should always check the suitability, adequacy and appropriateness of the Services that are of interest to you. If you are in any doubt as to the suitability, adequacy, or appropriateness of any Service referred to on the Site, we suggest that you seek independent professional advice before you obtain it.
6.6. You confirm that you are aware that Kredium is not a bank or a lender, and does not grant or approve loans, nor bears responsibility if you are not granted a loan or if there is a deviation in the loan terms offered in relation to the pre-approval letter.
6.7. You are obliged to bear all actual costs and fees necessary for obtaining the documentation for submitting the Application, as well as the costs and fees necessary for the valuation letter and conclusion of the contract with the Service Provider.
6.8. Kredium shall make reasonable efforts to enable You to enter into agreement with a Service Provider. Kredium shall in no event be liable if the agreement between You and a Service Provider is not concluded.
6.9. With regard to the provision of the Services, Kredium undertakes to keep all information confidential. To the extent that such information contains personal data, Kredium shall process such personal data in accordance with the clause 18 (Personal Information).
7. Intellectual property rights
7.1. All ownership rights, intellectual property rights, and other proprietary rights relating to our Site and/or the Services belong to Kredium, third party licensors, or is Open-Source Software. These Terms do not entail an assignment of any intellectual property right to You.
7.2. To the extent that Kredium would make use of third-party software or open-source software, you agree that this third-party software or open-source software will be subject to its own terms and conditions which will be an integral part of these Terms. In relation to those licenses given by third parties or via open source, you cannot obtain more rights than those incorporated in the third-party terms or open-source license. These terms will prevail over all other conditions in these Terms in respect to these licenses. If and insofar as the aforementioned terms would, for any reason, not apply or in the event these terms are declared inapplicable, the provisions of these Terms will apply in full.
7.3. Further, these Terms do not grant you any rights in any trademarks or service marks which remain the exclusive property of Kredium or any third-party providers. You may not alter or remove trademarks, service marks, copyright notices or other markings from the Site and Service.
8. User Content
8.1. By submitting User Content on the Website or otherwise, You grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, distribute, display, modify, and edit the User Content. We will not pay you any fees whatsoever for the User Content and we reserve the right in our sole discretion to remove or edit the User Content at any time.
8.2. You agree, represent, and warrant that you have the right to submit the User Content and that all provision or other use of the User Content will not violate clauses 4 (Access, use and restrictions) and 8 (User Content). To the fullest extent permissible by law, you shall indemnify Kredium for any breach of these warranties.
8.3. Unless otherwise set out in these Terms or agreed between the Parties, you shall not provide any User Content that:
a) is false or misleading.
b) violates any applicable law or regulation, including without limitation, the rules and regulations on securities and exchange of securities, market abuse, anti-money laundry, and anti-bribery (especially and including the rules against making false or misleading statements with the intent to manipulate the price of any security or cryptocurrency).
c) involves the transmission of unsolicited mass mailing (i.e., spam) or other forms of solicitation (e.g.,advertisement, promotional materials, and/or pyramid schemes).
9. Security and disclaimer of warranty
9.1. Kredium agrees that the security of your data is of utmost importance. If you have any questions, please contact Kredium at [email protected]. Kredium will take the following security measures into account:
a) Organisation and privacy: to ensure a dedicated focus on the security of your data, we have taken the necessary technical and organisational measures to comply with the applicable data protection provisions.
b) Application security: Kredium protects its application through various measures to make sure that your data is safe.
c) In the unlikely event of a data breach, we will inform you and the respective authorities as quickly as possible, and at any event within the legally required timeframes.
d) When providing the Services Kredium shall exercise all reasonable skill and care. Notwithstanding the foregoing, you agree that Services could include technical, typographical, or photographic errors. Kredium does not warrant that any of the materials used for the provision of the Services are accurate, complete, or current.
e) Kredium exercises all reasonable skill and care to ensure that its Site and Services are secure and free from viruses and other malware. However, to the maximum permitted by the applicable law, Kredium does not warrant that (i) the Services will meet your requirements or (ii) the Services will be uninterrupted, timely, error-free, (iii) any errors in the Services will be corrected.
f) You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
10. Links
10.1. Kredium may provide links to other websites, applications, and/or other resources through any of the Services, or the Site. Kredium is not responsible for the availability and/or the content of such websites, applications, and/or other resources. In addition, you agree that Kredium will not be responsible or liable for any damages or losses which result from or are caused by the use or reliance on the content made available through these websites, applications, and/or other resources.
10.2. You shall not link to any websites that permit third-party advertising on this Site unless expressly authorized by Kredium in writing.
11. Term and termination
11.1. This Agreement shall commence on the date you first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof (the "Term").
11.2. Kredium may terminate this Agreement at any time at its sole discretion.
11.3. You may terminate this Agreement at any time by ending your use of the Site and the Service and notifying Kredium at [email protected] .
12. Liability
12.1. We make no representations, guarantees or warranties with regards to the quality, accuracy, reliability, and availability of the services provided by the Services Providers nor the accountability of the parties. You and Service Providers act as independent parties and we have no control over, nor do we accept any responsibility for, your acts and omissions and acts and omissions of the Service Providers. You and the Service Providers are responsible for protecting yourself and your property (including any data) while using our Site and the Services. Kredium will not be liable to you, whether in contract or tort (including negligence) for any damages including any direct, special, incidental, consequential or punitive damages, or any damages or injury caused by error, inaccuracy, omission, interruption, defect failure of performance, delay in operation or transmission, telecommunications failure, or computer virus or other problem, or for any damages that may occur as a result of your use of the Site and/or Services, even if Kredium has been notified in any manner of the possibility of such damages.
12.2. The limitations in the previous clause shall not apply where applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damage. However, in no event shall Kredium’s total liability to you for all other losses arising out of or in connection with any contract between you and Kredium, whether in contract or tort, be limited to or higher than fifty UAE Dirhams (AED 50).
13. Indemnification
13.1. To the fullest extent permitted under applicable law you agree to indemnify Kredium, its affiliates, vendors, employees, and licensors and hold them harmless against any claims, damages, expenses, or other losses including legal fees resulting from the breach of this Agreement, any applicable laws or use of the Site and/or Services.
14. Events outside Kredium’s control (Force Majeure)
14.1. Kredium will not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Kredium’s reasonable control (“Force Majeure Event”)
14.2. If a Force Majeure Events occurs that is likely to adversely affect Kredium’s performance of any of its obligations under these Terms:
a) Kredium will inform you as soon as is reasonably possible.
b) Kredium’s obligations under these Terms will be suspended and any time limits will be extended accordingly.
c) Kredium will inform you when the event outside of its control is over and provide details of any new dates, times, or availability of Services as necessary.
14.3. If the event outside of Kredium’s control continues for more than thirty (30) calendar days Kredium may cancel the affected Services and inform you of the cancellation.
If an event outside of Kredium’s control occurs and continues for more than thirty (30) calendar days and you wish to cancel the affected Services as a result, you may do so in any way you wish, however for your convenience, contact Kredium using the details set out in clause 16 (Contacting us).
15. Disclaimers
15.1. Content on our Site does not constitute professional advice on which you should rely. It is provided for general information purposes only. If you wish to obtain professional advice, please get in touch with one of our mortgage brokers by creating an account and using the Services.
15.2. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
16. Contacting Us
16.1. To contact Us, please email Us at [email protected] or use any of the methods provided on Our contact page at https://www.kredium.ae/contact-us.
17. Electronic communications
17.1. You hereby consent to Kredium contacting you to receive disclosures and other information in electronic form. Kredium is required by law to provide you with certain disclosures in connection with the Service. In order to do so, Kredium shall obtain Your consent.
17.2. Kredium may contact you to provide you with following information:
a) Terms of Service, Kredium’s Privacy Notice, and any amendments, modifications, or supplements thereto.
b) Disclosures or notices provided in connection with the Service, included and required by applicable law (including initial disclosures, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
c) Any customer service communications, including communications with respect to claims of error or unauthorized use of the Site or Service; and any other communication related to the Site or Service.
17.3. In addition to the disclosures Kredium is required by law to provide you with, and to the extent it is allowed under the applicable laws, we may send you emails if you agreed to receive promotional and marketing materials when creating an Account.
17.4. If you wish to stop receiving emails from Kredium, You may withdraw your consent at any time by contacting us at [email protected] .
18. Personal Information
18.1. All personal information that Kredium may use will be collected, processed, and held in accordance with the provisions of the applicable data protection laws and your rights under such laws.
18.2. For complete details of Kredium, its collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Notice.
19. Other Important Terms
19.1. This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties.
19.2. If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to give effect to the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.
19.3. Except as limited by these Terms of Service, this Agreement and the rights and obligations hereunder shall bind and insure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.
19.4. Kredium may transfer (assign) its rights and obligations under these Terms to a third party. If this occurs, you will be informed in writing. Your rights under these Terms will not be affected and Kredium’s obligations under these Terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms without Kredium’s express written permission.
19.5. No failure or delay by Kredium in exercising any of Kredium’s rights under these Terms means that Kredium has waived that right, and no waiver by Kredium of a breach of any provision of these Terms means that Kredium will waive any subsequent breach of the same or any other provision.
19.6. Kredium is entitled to use subcontractors for the performance of its obligations under these Terms, provided that such subcontracting shall not diminish Kredium’s liability under these Terms.
19.7. The Terms are agreed upon between you and Kredium and supersede any prior oral or written agreements. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
19.8. Using the Services and/or sending mails to Kredium constitutes electronic communication. You consent to receiving such emails.
19.9. All provisions of the Terms which are expressly marked to survive the termination or expiration of the Terms, as well as all provisions of the Terms which aim to enforce or execute the Terms after the termination or expiration of the Terms, including without use restrictions and limitations of liability shall survive the Terms and remain in full force.
20. Law and Jurisdiction
20.1. These Terms of Service, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of the United Arab Emirates without giving effect to any principles of conflict of law.
20.2. Any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Service or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Dubai.
21. Revision of the Terms
21.1. Kredium may revise or change these Terms of Service at any time, without notice to you, in response to changes in relevant laws and other regulatory requirements or to add or modify certain Services. You agree that you will be bound by the provisions of these Terms of Service as they appear on this Site at the time you access this Site.
21.2. Please consult this Site from time to time in order to stay informed about the changes. Our content, services, products, and materials on or available through this Site and/or Service may be updated and revised, and you expressly agree that Kredium is under no obligation to provide any notice to you in respect of such updates and/or revisions.