Terms of Service
These terms of service (the “Terms of Service” or “Terms”) set forth the terms and conditions applicable the services offered under the Professional.me mobile app and Professional.me website (www.Professional.me) (the “Services”).
Professional.me mobile app and Professional.me website (www.Professional.me) (together, the “Platform”) is operated by Professional.me LTD., a company registered in Abu Dhabi Global Market (ADGM) under company registration number XXXXXXXXX, with its registered address at ADGM Cloud Spaces D38, Abu Dhabi, Abu Dhabi, UAE (“Professional.me”, “we”, “us”, “our”).
You, the user (“user”, “you”, “your”) agree and understand that by clicking “Sign up”, “Create account” or similar, or registering, accessing or using our Services, you are entering into a legally binding agreement with Professional.me regarding the use of our Services. You confirm to have read, understood, and acknowledged to be bound by our terms to access and use our Services. If you do not agree to be bound by these Terms of Service, do not access or otherwise use our Services.
These Terms of Service set out the basis upon which you can access and use the Platform. The Terms apply regardless of how you access the Platform, including any technologies or devices by which the Platform is made available to you.
We may amend the Terms of Service at any point in time without notice and the amendments will take effect once they have been displayed on the Platform. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarise yourself with any modifications. Your continued use of our Platform following any amendments shall be construed as acceptance of those amendments.
Nothing in these Terms affects your statutory rights as a consumer which cannot be amended by law.
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PRIVACY
- The personal information you provide while using the Platform will be used in accordance with our Privacy Notice. Please refer to our Privacy Notice here, which shall be read in conjunction with these Terms of Service.
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REGISTRATION OBLIGATIONS AND OTHER RESPONSIBILITIES
- In order to access the Services and utilise the Platform, you will be required to create an account (“Account”) and register information with us. You will be required to verify your e-mail address in order to activate your Account. You agree that any information provided to us will be complete and accurate, that you will not register under the name of, nor attempt to sign in under the name of, another person, and that you will not adopt a username that we in our sole discretion, deem offensive. We reserve the right to not allow you to register if we believe that you will not comply with these Terms.
- Corporate accounts must be registered under a legitimate corporate domain with an active website. Personal accounts are not acceptable for corporate use.
- You are responsible to promptly update details of your Account such that they are at all times considered true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Professional.me suspects in its sole discretion that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Service, we have the right to suspend, limit or terminate your Account and/or your access to the Platform.
- To keep your Account secure you have to protect your Account with reasonable means, and you are responsible at all times for maintaining the confidentiality of, and restricting access to and use of, your Account and password to the Platform. You undertake to immediately notify Professional.me of any unauthorised use of your Account or any other security breach.
- You agree to accept responsibility for all activities that occur under your Account with us. If someone other than yourself uses the Platform with your login information you will be held accountable for all actions made in your name.
- You may not, at any point in time, use any other person’s Account. You agree to reimburse Professional.me in full for any costs, expenses and damages caused by improper, unauthorised, or illegal use of our Services by you.
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ELIGIBILITY TO USE PLATFORM
- By creating an Account on our Platform, you represent that (i) you are a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18); or (ii) if you are under the age of 18 (or under the age of majority in your country if the age of majority is over 18) but are at least 15 years of age, you have obtained consent from a parent or legal guardian. By using the Platform, you represent and warrant that all information you submit is accurate and truthful when registering any information with the Platform or providing any information to us.
- Professional.me reserves the right and at its sole discretion to refuse, suspend or limit access to the Platform or the Account of any person if Professional.me believes that person is under the legal age limit in the relevant jurisdiction or that any information given is not accurate or truthful, or for any other reason.
- The Platform is not available to users whose Account we have previously disabled for violations of our Terms of Service or other terms and policies that apply to your use of the Platform. If we disable your Account for a violation of our Terms of Service, you agree not to create another Account without our permission, which shall be provided at our sole discretion.
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ELECTRONIC COMMUNICATION
- To fulfil our obligations to you under these Terms, we may wish to communicate with you by email or other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications which need to be in writing.
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YOUR USE OF THE PLATFORM
- You may not access or use the Platform or the Services provided via the Platform for any purpose other than the purpose for which we make it available to you and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
- Without limiting the generality of paragraph 5.a, when accessing the Platform, or using our Services, you should not:
- Post or transmit false, inaccurate, misleading, defamatory, or libellous content (including but not limited to during the registration process);
- Violate any third party rights, including intellectual property rights;
- Transfer your Account (including your username and password) to another party without prior written consent from us;
- Transmit chain letters or junk email to other users;
- Use any information obtained from the Services in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent;
- Attempt to impersonate another user or person;
- Use the username or Account of another user;
- Use any information obtained from the Services and Platform in order to harass, abuse or harm another user or person;
- Charge third parties for accessing the content of the Platform nor in any way commercialise its content;
- Change, edit, add to, or produce summaries of the content of the Platform anywhere else;
- Use the Platform in a manner inconsistent with any and all applicable laws and regulations; and
- Otherwise, incur any liability to the Platform or us.
- You may not copy, modify, distribute, sell, or lease any part of the Platform. Unless law prohibits such restriction or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for that purpose, and you may not interfere or attempt to disrupt the Platform.
- You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on Platform or with any other person’s use of the Platform.
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INTELLECTUAL PROPERTY RIGHTS
- The Platform and the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Professional.me, and are subject to copyright and other intellectual property rights under UAE and foreign laws and international conventions.
- In connection with the Services, the Platform may display certain content belonging to third parties. Use of this content may be subject to a license granted by third parties to Professional.me. You shall, in no event, reverse engineer, decompile, or disassemble such content and nothing herein shall be construed to grant you any right in relation to such content. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- Professional.me reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use of any Materials or enforce limitations on use of the Platform or the Materials therein.
- Content displayed on or through the provision of the Services are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
- You may be exposed to Materials from a variety of other sources, and as far as applicable law allows, Professional.me is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials.
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PARTNER CONTENT
- Our Platform may contain “Partner Content”. “Partner Content” means any information, product description, data, content, and other materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other material) (together the “Adverts”) made, compiled, developed or managed by our partners accessible through our Platform.
- By accessing the Platform, you acknowledge and agree that the Partner Content is not created by us and provided AS IS. The provision of Partner Content does not constitute a recommendation by or solicitation by us to purchase any product or make any other type of decision in respect of that Partner Content.
- Except where otherwise specified on this Platform, the Adverts on this Platform are displayed for promotional purposes and/or to provide our Services on the Platform. Before you act in reliance of any of the Adverts, you should confirm any facts that are important to your decision. We do not accept any liability as to the reliability, accuracy, timeliness, usefulness, or completeness of any Adverts.
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THIRD PARTY SERVICES
- Third Party Applications. The use of any third party application is subject to any terms and conditions provided with such third party application and is not governed by us. The use of third party applications is solely your responsibility since Professional.me does not govern the use of such third party applications. Professional.me is not responsible for any third party applications and you acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third party applications (including any content therein) and Professional.me hereby disclaims any and all liability to you or any third party related thereto.
- General. You are solely responsible for any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties other than Professional.me that you use in conjunction with the Platform. Professional.me shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties other than Professional.me.
- External Websites. The Platform may contain links to external websites and information provided on such external websites by Professional.me partners and third-party service providers. Professional.me shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You agree that Professional.me shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked website.
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DISCLAIMER OF WARRANTY
- To offer a reliable and enjoyable service we need to fix bugs, install updates and perform general diagnosis and maintenance. We cannot warrant that the Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by law, content and function of the Platform, and Services, are provided on an "as is" basis without warranties of any kind, either expressed or implied.
- Information obtained on the Platform may not always be accurate. We use other providers to provide data on which we base the information detailed on the Platform. We try to make sure that the data is correct and up to-date together with our partners, but we cannot guarantee that it will always be.
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LIMITATIONS OF LIABILITY
- To the maximum extent permissible by applicable law, we, our subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
- shall not be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, and the payment by you;
- are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, loss of revenue or anticipated profits, loss of goodwill, loss of business or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we advised of the possibility of such damages;
- exclude any and all liability for damages caused by, any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform; and
- expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- Where it is not possible to exclude liability under applicable law, you agree that our maximum liability for any corresponding claim will be limited to the greater of (i) the total fees paid by you to Professional.me for the Services offered on the Platform, if any, or (ii) an amount of AED 1,000.
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INDEMNITY
- You agree to defend, indemnify and hold harmless Professional.me and its affiliates and subsidiaries, and its officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your breach of any provision of these Terms; (ii) your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) your use of the Platform or the Service, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third party. This defence and indemnification obligation will survive termination, modification or expiration of your use of the Services and the Platform.
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LIMITATION AND TERMINATION OF SERVICE
- Professional.me may establish limits from time to time concerning use of the Service, including among others, the maximum number and size of postings, e-mail messages, or other content that may be transmitted through or stored by the Platform, and the frequency with which you may access the Services or the Platform.
- We do not promise to store or keep showing any information and content that you have posted on our Platform. Professional.me is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Notice.
- Profiles that are not claimed by the individual represented, or updated within one year are subject to removal.
- Professional.me reserves the right at any time to modify or discontinue the Services on the Platform (or any part thereof) with or without notice (without the need for a court order). Professional.me shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
- You acknowledge and agree that Professional.me, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your Account, block your e-mail or IP address, or otherwise terminate (without the need for a court order) your access to or use of the Service or Platform (or any part thereof), immediately and without notice if you breach our Terms. You agree that Professional.me shall not be liable to you or any third-party for any termination of your access to the Platform or the Service in any such instances.
- Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law. In the event that Professional.me suspends or terminates your Account pursuant to paragraph 12.3 above, you will no longer be authorised to access the Platform or your Account, and we reserve the right to use any means possible to enforce this termination.
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CLIENT-SPECIFIC PROVISIONS
- If you are a corporate user interested in hiring or engaging Candidates (as defined below) through our Platform (“Client”), then you agree to the additional terms set out under this section 13.
- By signing up to our Services, we grant you a limited, terminable non-exclusive right to access and use the Platform only for recruitment purposes.
- General Obligations
- The Client agrees that:
- it will only use the Services to identify suitable Candidates for employment through appropriate use of the Platform’s search functions;
- it will not express, whether directly or indirectly, an unlawful preference in searches or unlawfully discriminate against Candidates (in which case we may suspend usage or terminate accounts).
- The Client shall be fully responsible for all activity of its employees in the Platform, and any breach of these Terms of Service by its employees or other persons authorised by it. The Client hereby agrees to notify Professional.me in the event it becomes aware of any violation of these Terms of Service by it, or any of its employees, or any other persons authorised by it.
- The Client acknowledges that Professional.me is under no obligation whatsoever to find suitable Candidates for the Client’s vacancies. It is the Client’s responsibility to find and consider the suitability of Candidates on our Platform through appropriate use of our Platform’s search and filtering options and features. Notwithstanding the aforementioned, Professional.me may generate job recommendations / matches through using data collected through the Platform from both the Client and Candidates. The Client agrees that Professional.me’s recommendations are presented to the Client without warranty or representation regarding the Candidate, his/her suitability for any job listing and/or his/her integrity or honesty.
- While reasonable efforts to verify Candidates are made by Professional.me in good faith to facilitate expedient hiring decisions, it is ultimately the Client’s responsibility to conduct any background checks, reference checks, or other due diligence that the Client may require before making an offer of employment to a Candidate.
- When the Client registers for an Account and at any time thereafter, the Client acknowledges that its Account may be subject to verification by Professional.me, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm the legitimacy and ownership of the Client’s business and its location. When requested, the Client shall promptly provide Professional.me with complete information about its business and other reasonable requests Professional.me makes to verify its identity. The Services may be suspended pending Account verification to Professional.me’s satisfaction.
- Representations and Warranties
- The Client represents and warrants that:
- it operates a lawful business in accordance with applicable laws;
- it has all necessary rights, licenses and approvals to provide and manage its content in the Platform, and that its employees or other persons authorised by it who access and use the Platform and undertake any actions within the Platform have been duly authorised by the Client to do so on behalf of the Client;
- its use of our Services will not infringe or misappropriate the intellectual property rights of any third party;
- its acceptance of these Terms of Service and use of our Services will not violate any applicable law or regulation; and
- all information or content transmitted to the Platform will not contain false or deceptive advertising or links to content that is illegal, defamatory or obscene.
- it has the authority and approval to upload any resume/CV content from the individuals represented therewith. Individuals represented will be notified of profile creation and will have the ability to opt out, in which case their profile will be removed.
- Payment and Refund
- In order for the Client to utilise the Services offered on our Platform, it shall pay to Professional.me the subscription fee [in the amount and for the duration that the Client has entered and agreed to on the Platform. If the Client purchases a subscription for a Service, the Client’s payment method will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, the Client must cancel before the relevant renewal date. If there is a change to your bank or card account information, including expiration date, you must update your payment information on our Platform to avoid suspension or termination of the Services.
- If the Client cancels the Services (whether for a one-off Service or a subscription), previous charges will not be refunded, but the Client may continue to use our Services on the Platform until the end of the term paid for. For the avoidance of doubt, the Client’s failure to receive any applications and/or inability to find suitable Candidates shall not entitle the Client to a refund. In the event that we suspend or terminate your Account for your breach of these Terms of Service, you will receive no refund on exchange for any unused time on a subscription]. Professional.me will only provide refunds to Clients when it is required to do so by law.
- If you make a payment for one of our Services available on our Platform, the details you are asked to submit will be provided directly to our payment provider via a secured connection. Please ensure you have read the applicable terms and conditions provided by your bank prior to the transaction.
- The Services’ prices displayed on our Platform are exclusive of VAT. You may be charged in AED (United Arab Emirates’ Dirham) or US Dollar (United States Dollar) depending on where you are using the Platform from and what type of credit or debit card you are using. In such cases, there may be slight discrepancies in values due to changes in foreign exchange rates. Professional.me is not responsible and shall not compensate you for any loss occurred due to these rate fluctuations. Professional.me gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to provide the best or most competitive exchange rates available.
- Grant of Rights
- Any data that you or any other Client submits, posts, publishes, displays or makes available on or through our Platform, or otherwise provides to Professional.me, is called “User Content”. You hereby grant Professional.me and its affiliates royalty-free, world-wide, transferable license to display, modify, distribute, store, broadcast, transmit and reproduce the User Content, trademarks and logos. For the avoidance of doubt, Professional.me and its affiliates reserve the right to use your name, username and/or trademarks and logos in connection with any User Content or Professional.me marketing materials for promotional purposes. Professional.me shall reserve any such right for a period of up to one (1) year from the date that your subscription with us ends.
- Professional.me reserves the right to utilize the curriculum vitae (CVs) uploaded to our platform for purposes including, but not limited to, analysis, training, and outreach activities. This utilization is aimed at enhancing our Services, contributing to market research, and improving user experience. By uploading a CV to the Professional.me platform, you grant us a non-exclusive, worldwide license to use this information in accordance with these objectives.
- We will not include User Content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). Notwithstanding the aforementioned, we have the right, without any payment to you or others, to serve ads near the User Content. Further, you agree to your social actions being visible and included with ads, as highlighted in our Privacy Notice. If you use the Services, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
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CANDIDATE-SPECIFIC PROVSIONS
- If you are an individual seeking employment opportunities through our Platform (“Candidate”), then you agree to the additional terms set out under this section 14.
- By signing up to our Services, we grant you a limited, terminable non-exclusive right to access and use the Platform only for your personal use seeking employment.
- The Candidate agrees that:
- it will only use the Services to create a skills-based profile on the Platform to search and apply for suitable flexible work opportunities; and
- it will not attempt to circumvent the Services by independently attempting to communicate with a Client that contacted or communicated with him or her through the Platform.
- The Candidate represents and warrants that all content it provides to us (including information about the Candidate’s experience, skills or professional qualifications) and its access and use of the Platform and the Services is lawful and accurate.
- You acknowledge that Professional.me may use data collected through the Platform from both the Client and Candidates to generate job recommendations / matches. This includes job listings, Candidates’ profile and application materials, and your activity on your Platform (such as searches you run and job listings you click on). You agree and consent that Professional.me may use this information to present potential matches to you and the Client.
- The Candidate acknowledges and agrees that Professional.me will have no control over and is not responsible for the terms and conditions of any employment relationship that may arise between the Candidate and Client, including the selection process, pay rate, work hours, or working conditions.
- The Candidate may cancel the Services at any time by closing his/her Account and no longer accessing or using our Platform.
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RELATIONSHIP BETWEEN CLIENT AND CANDIDATE
- It is hereby acknowledged and agreed by all users and Professional.me that if a Client and Candidate decide to enter into an employment contract in any form, the contract is a contractual relationship directly between the Client and Candidate. Professional.me is not responsible for and is not a party to any such contract and under no circumstances will any such contract create an employment or any service relationship between Professional.me and any user. Professional.me merely provides for a platform to match Candidates and Clients in addition to the provision of other such ancillary services.
- The Client and Candidate agree to indemnify, hold harmless and defend Professional.me from any and all claims demands, causes of action, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to their engagement, including but not limited to any claim that Professional.me was an employer or joint employer of the Candidate, as well as breach of agreement, action, inaction, omission, or any claims under any employment-related laws, such as those relating to termination of employment, discrimination, harassment, as well as any claims for overtime pay, sick leave, holiday pay, minimum wages, social security or unemployment taxes, worker’s compensation benefits, or any other employee benefits required by law.
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FORCE MAJEURE
- Under no circumstances will we be held liable for any delay or failure or disruption of the Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
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GENERAL INFORMATION
- Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed, and the remaining provisions will remain in full force or effect.
- No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
- Assignment and third-party rights: You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion and without the need for your consent or the requirement to provide you with notice.
- Relationship. Nothing under these Terms of Service will create an employment, agency, or joint venture relationship between you and Professional.me.
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GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by the substantive law of the Abu Dhabi Global Market (“ADGM”).
- Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be submitted to the Courts of arbitration in the ADGM and settled under the Arbitration Regulations of the ADGM in force at the date of the reference. The number of arbitrators shall be one. The seat of the arbitration shall be the ADGM, Abu Dhabi, United Arab Emirates and the language of the arbitration shall be English. The arbitration shall be conducted under the rules of the International Chamber of Commerce.
- These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.
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CONTACT
legal@professional.me
NOTICES
Any correspondence (including notices) to be given under these Terms shall be in writing and sent by electronic mail and/or registered post to the following address / e-mail address:
ADGM Cloud Spaces D38, Abu Dhabi, Abu Dhabi, UAE legal@professional.me.