TERMS & CONDITIONS

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern visitors relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The terms and conditions below ("Terms and Conditions") govern the services Vidclia Advertising -FZCO, a company registered in the UAE under company number 14764 (the "Company", "we" or "us") provide to you ("Services") and the use of vidclia.com (the Site). Please read these Terms and Conditions carefully before ordering any Services or using the Site.

Throughout these Terms and Conditions where we refer to 'user', 'you' or 'your' we mean each user of the Services.

WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT AND WHY?

The types of personal information collects includes but is not limited to; name, contact details, identification information, household details, records of your interactions with us, and details/history of preferences, interests and behaviour relating to activity with our digital services.

Indirect Collection

Vidclia Advertising FZCO may collect information about you via technology such as cookies from Vidclia Advertising FZCO websites when you visit. This information is added to any of the existing details about you we have collected and is used in conjunction that existing information for various purposes, including for the purpose of enhancing your experience whilst using Vidclia Advertising FZCO websites. Cookies are small pieces of computer code which remain on your computer and contain information which help Vidclia identify your browser and previous information viewed in relation to Vidclia websites or services. When you visit Vidclia websites the cookies record certain details including the date, time and advertising content of that site.

 

The information Vidclia collects in this way may include the following:

your Internet service provider’s address;

the date and time of your visit;

the pages you accessed; and

the type of browser you used.

You can elect to prevent Vidclia using cookies or be notified when they are being used when you visit Vidclia websites by changing your browser settings. If you do not allow cookies to be used, some or all of Vidclia websites might not be accessible to you.

Vidclia may collect information about you from third parties and Vidclia will take reasonable steps to ensure you are aware of the information collected and the circumstances of collection.

THIRD PARTY COOKIES

When you visit Vidclia websites, register or sign up to any Vidclia website, a third party cookie may be set or installed on your browser. Third party cookies allow advertisers to target or customise their online advertisements.

HOW WE USE AND DISCLOSE YOUR INFORMATION

We use your information to provide and market our services to you, to enhance and develop our relationship with you and to comply with certain laws and regulations. This may involve sending your personal information to these offices overseas. Vidclia may also disclose your information to service providers, agents and contractors from time to time to help us to provide and market our services to you or as otherwise required or authorised by law.

We handle personal information relying on the employee and related bodies corporate exemptions in the Privacy Act where those exemptions are relevant.

Vidclia is bound by professional obligations of confidentiality and legal professional privilege. We will continue to treat and protect information we receive (including any personal information) in accordance with these obligations.

Vidclia may disclose personal information to any person or authority where Vidclia is required to by law.

Other than set out in our Privacy Policy, Vidclia will not disclosure your personal information without your prior consent.

SECURITY OF YOUR PERSONAL INFORMATION

Vidclia is committed to ensuring security of personal information it holds.

Vidclia takes reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification and disclosure. This includes the use of access control via unique encrypted user passwords; however, each user is personally responsible for maintaining the security of his or her account. A user should not share account information such as their user- name, and is responsible for keeping it confidential.

Vidclia will destroy or de-identify personal information in circumstances where it is no longer required, unless Vidclia is otherwise required or authorised by law to retain the information.

Vidclia notes that it does not have control over information while in transit over the Internet and it cannot guarantee security of personal information during transmission over the Internet. As well, our web site may include web links to other websites. Vidclia are not responsible for and do not endorse the content of those other websites or their privacy practices.

Vidclia recommends you review the privacy policies of those websites.


OVERSEAS DISCLOSURE & THIRD PARTY WEBSITES

You should be aware that third parties including marketing partners and suppliers to whom your information may be disclosed might be based in countries outside the UAE whose laws provide for a different standard of protection for your personal data than that provided under UAE law.

Vidclia will take reasonable steps to ensure that the overseas recipient does not breach the UAE Privacy Principles in relation to your personal information.

This website may contain a number of links to other websites, including the websites of our commercial partners. If you use those links to access those websites, be sure to check their Privacy Policy their own opt-in statements as Vidclia is not responsible for privacy policies or practices of other websites.

To the fullest extent permitted by law, Vidclia disclaims all liability for the actions of any sponsors or other third parties to whom your personal information is disclosed. Vidclia makes no warranty that third parties to whom personal information is disclosed will comply with any applicable laws in relation to their handling, use and disclosure of personal information.

OPTING-OUT AND UPDATING PERSONAL INFORMATION

Vidclia works to ensure that all personal information about you that Vidclia collects uses or discloses is accurate, complete and up-to-date. Under the Privacy Act, you have a right to access and/or seek correction of your personal information that is collected and held by us.

If at any time you would like to access or correct the personal information that Vidclia hold about you or delete your personal information from our database, you may do so by contacting us in writing via one of the channels below. Vidclia will endeavour to resolve your query within 7 days.

Vidclia may charge a reasonable fee to cover our costs of responding to your information requests.

If you wish to opt out of receiving direct marketing communications from Vidclia, you may do so at any time by using the “Unsubscribe” hyperlink clearly labelled at the bottom of all Vidclia mailings or by contacting us via one of the channels below.

eileen@vidclia.com



The use of this website is subject to the following terms of use:

1. Privacy:

a. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

b. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information that may be stored by us is outlined in the Privacy Policy.

2. Intellectual Property:

a. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

b. All trademarks reproduced in this website which are not the property of, or licensed to, the operator, are acknowledged on the website

3. Use of the website:

a. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

b. You and any person, who you permit to use the Site or Services we provide to you, must only use the Site and/or Services for lawful purposes. You or any person who you permit to use the Site or Services must not use the Site or Services:

i. In any way that breaches any applicable local, national or international law or regulation;

ii. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

iii. For the purpose of harming or attempting to harm any person, business or entity in any way;

iv. In a manner which violates the privacy of others and does not comply with our privacy policy;

v. To undermine the Services we may provide to you;

vi. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

vii. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or

viii. Reverse engineer, decompile, dissemble, decipher or otherwise attempt to derive the source code for any underlying code used on our site.

c. You or any person you permit to use the Site or Services also agree:

i. Not to use the information contained on the Site or provided to you through the Services for any service which we consider to be competitive to our Services; and

ii. Not to reproduce, duplicate, copy, sub-licence, broadcast, distribute, sell, rebrand, or re-sell any part of our site or any contents or information on our Site or provided to you through the Services, in contravention of the provisions of these Terms and Conditions.

iii. Not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

d. In the event that you or any person you permit to use the Services we provide to you, do not use the Services in accordance with this clause 3 or you or any person you permit to use the Services we provide to you modifies the information provided to you through the Services, you will be responsible for any loss you suffer or suffered by third parties as a result of such changes on your website. We will not be liable for any loss suffered.

e. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

4. Our Liability

a. We warrant to you that any Services purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which Services of the kind are commonly supplied.

b. Our liability for losses you suffer as a result of a breach of this Agreement (including deliberate breaches) is strictly limited to the purchase price of the Subscription you purchased or total fees payable at the time of the breach (whichever the greater).

c. This does not include or limit in any way our liability:

i. For death or personal injury caused by our negligence;

ii. Under section 2(3) of the Consumer Protection Act 1987;

iii. For fraud or fraudulent misrepresentation; or

iv. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

d. Other than as expressly set out in these Terms and Conditions, we are not responsible for indirect losses which happen as a consequence of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:

i. loss of income or revenue;

ii. loss of business;

iii. loss of profits or contracts;

iv. loss of anticipated savings;

v. loss of data; or

vi. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

e. In providing the Services, we are not processing, transmitting or storing any payment card details. This is undertaken by third party payment gateways. We shall have no responsibility or liability whatsoever for the acts of omissions of such third parties. You must ensure you comply with all the applicable rules put in place by the third party payment gateway. Your attention is particularly drawn to the rules of the third party payment gateway (i.e. the rules applying to the taking of payments on cards such as Visa, MasterCard, Maestro and Stripe).

5. Written communications:

a. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site or our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information via messages on Slack, or will send you invoices via Stripe. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any

legal requirement that such communications be in writing. This condition does not affect your statutory rights.

6. Events Outside our Control

a. Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under this Agreement that is caused by events outside their reasonable control (Force Majeure Event).

b. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

i. Strikes, lock-outs or other industrial action;

ii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

iv. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

v. Impossibility of the use of public or private telecommunications networks; or

vi. The acts, decrees, legislation, regulations or restrictions of any government.

c. The party who is unable to perform their obligations under the Agreement's performance is deemed to be suspended for the period that the Force Majeure Event continues, and they will have an extension of time for performance for the duration of that period. That party will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

d. In the event that a party is unable to perform their obligations for a period of more than 4 weeks as a result of a Force Majeure Event, the other party has a right to terminate the Agreement immediately.

7. Entire Agreement

a. Any descriptions or illustrations contained in our brochures, catalogues or on our Site are issued and/or published for the sole purpose of giving an approximate idea of the Services described and shall not form part of the Agreement.

b. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Agreement. While we accept responsibility for statements and representations made by our duly authorised agents, these Terms and Conditions for the entire agreement, therefore please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.

8. Our Right to Vary These Terms and Conditions

a. We have the right to revise and amend these Terms and Conditions, from time to time as set out in these Terms and Conditions.

b. In addition to clause 8(a) we also reserve the right to vary the terms of the Terms and Conditions to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. Any such changes shall be notified in writing or posted on our website and shall not be implemented until 30 days has elapsed.

c. In the event that you do not agree to any variation we propose in accordance with clause 8(b), you shall have the right to terminate the Agreement immediately, within 30 days from the date we provide you notice of our variation in accordance with clause 8(b) and we will refund you any monies paid for Services not yet received.

d. Where you do not notify us within the 30-day period set out in clause 8(c), and continue to use the Services, your continued use of the Services shall constitute consent to such change.

9. Law and Jurisdiction

a. Agreements for the purchase of Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Agreements or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of The Unite Arab Emirates.

10. Complaints Procedure

a. The first step towards contacting us is to send an email detailing your enquiry or comments to

b. Your email will be assigned to a Customer Services Representative who will work with you to resolve any issues you may be having and to provide advice. In situations where the issue cannot be immediately resolved, your query will be passed to the relevant department. You will be notified of this and kept informed of their progress.

c. If you would rather contact us in writing please send any queries to:

d. moerasul@vidclia.com Vidclia Advertising-FZCO Dubai Digital Park, Dubai Silicon Oasis

e. DSO-IFZA

f. We will then email you to confirm receipt of your communication and to resolve your enquiry.