TOP SPOTS DUBAI TERMS AND CONDITIONS

Revised December 2021

1.INTRODUCTION

A1.1 Our website Topspotsdubai.com (“Website”) is provided solely to assist you in gathering travel, event and tourism-related information and determining the availability of such goods and services. On our Website you can make bookings or otherwise transact business with travel, event and tourism suppliers.
1.2 The terms “we”, “us”, “our” and “Top Spots Dubai” refer to TOP SPOTS - FZE, a free zone company registered with the Dubai Silicon Oasis Authority under trade license number 6749, whose registered address at Office 140, Techno Hub Building 1-D, Silicon Oasis, Dubai, United Arab Emirates.
1.3 The terms "you", “user” and “customer” refer to the customer visiting our Website and/or booking a reservation through us on this Website, or through our customer support service.
1.4 This Website is offered to you on condition of your acceptance, without modification, of all the terms, conditions, and notices set forth below (collectively, the "Terms and Conditions”). By accessing or using our Website you agree that the Terms and Conditions then in force shall apply.
1.5 In addition, we advise you to read our Privacy and Cookie Statement which is incorporated into these Terms and Conditions and governs our use of your personal information.
1.6 We may amend the Terms and Conditions from time to time. We will note the date that amendments were last made at the top of these terms, and any amendments will take effect upon posting. Continued use of the Website will signify your acceptance of the revised Terms and Conditions.
1.7 References to this Website are deemed to include derivatives, including but not limited to linked websites and applications, whether accessed by mobile phone, tablet, or another device.

2.USE OF THE WEBSITE

2.1 Our Website assists you in gathering travel and tourism information with a view to determining the availability of such products and services, allowing you to book various touristic and event services including but not limited to hotels, tours, dining, entertainment, event tickets, and attraction tickets (“Top Spots Products”) provided by third party suppliers (“Suppliers”). We act as an authorised reseller of Top Spots Products and do not own or control any of the products and services accessible through our website.
2.2 We may provide customer support services for bookings made on our Website. These Terms and Conditions also apply to these services.
2.3 When you book a Top Spots Product, your booking is also subject to the relevant Supplier’s terms and conditions which form a separate legal agreement between you and the relevant Supplier. If there is any conflict or inconsistency between the Supplier’s terms and conditions and these terms, these Terms and Conditions shall prevail in respect of the relationship between Top Spots Dubai and its customer.
2.4 Different terms and conditions (such as cancellation and change rights) apply to different Top Spots Products, these will be made available to you during your booking process and form part of these Terms and Conditions.
2.5 By using our Website and/or completing a booking with us, you confirm that you accept these Terms and Conditions and any relevant Supplier’s terms and conditions, and that you agree to comply with them.

2.6 As a condition of your use of this Website, you warrant that:

• 2.6.1 you are at least 21 years of age;

• 2.6.2 you possess the legal authority to create a binding legal obligation;

• 2.6.3 you will use this Website in accordance with these Terms and Conditions;

• 2.6.4 you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;

• 2.6.5 you will inform such other persons about the Terms and Conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;

• 2.6.6 all information supplied by you on this Website is true, accurate, current, and complete; and

• 2.6.7 if you have a Topspotsdubai.com account, you will safeguard your account information and will be completely responsible for any use of your account by you and anyone other than you.

2.7 We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, violations of these Terms and Conditions.

3.CREATING AN ACCOUNT AND ACCOUNT SECURITY

3.1 By creating an account on the Website, you warrant that all account information supplied by you is true, accurate, current, and complete. You are also responsible for maintaining confidentiality of passwords and identification codes and agree that we will not be liable for any losses suffered by you as a result of you failing to treat such information as confidential.3.2 We have the right to disable any user identification code or password where you have failed, in any manner, to comply with the Terms and Conditions.
3.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us and, if you have saved your payment details to your account, you must also contact your payment account provider in order to mitigate any losses that may occur.

4.PROHIBITED ACTIVITIES

4.1 You may only use our Website for lawful purposes. You may not use our Website:

• 4.1.1 In any way that breaches any applicable local, national, or international law or regulation.

• 4.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

• 4.1.3 To harm attempt to harm minors in any way.

• 4.1.4 To knowingly send, receive, upload, download, use or re-use any material which does not comply with our Content Standards (see Clause 5).

• 4.1.5 To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

• 4.1.6 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.

4.2 You agree not to:

4.2.1 Reproduce, duplicate, copy or re-sell any part of our Website.

4.2.2 Access without authority, interfere with, damage, or disrupt:

• (A) any part of our Website;

• (B) any equipment or network on which our Website is stored;

• (C) any software used in the provision of our Website; or

• (D)any equipment or network or software owned or used by any third party.

4.2.3 Interfere or attempt to interfere with the normal operation of our Website or any activity that is conducted on our Website.
4.2.4 To take any action that would result in an unreasonably large data load on our Website’s network.

5.CONTENT STANDARDS FOR CUSTOMER POSTS AND REVIEWS

5.1 We apply strict content standards to all materials you post on our Website whether via reviews, discussion boards, comments, photographs, or any other interactive means (“Posts”). We are under no obligation to publish your Posts, and we reserve all rights to select the Posts that we publish on our Website.
5.2 Posts on our Website do not represent the views or values of Top Spots Dubai. We expressly exclude liability for any loss or damage arising from your reliance on any Posts published on the Website.
5.3 We will determine, at our discretion, whether a Post breaches the Content Standards set out in the following provisions.

5.4 A Post must:
5.4.1 Be relevant to your own travel (accommodation, restaurant, transportation, location, or general travel experiences).
5.4.2 Be accurate (where it states facts).
5.4.3 Be genuinely held (where it states opinions).
5.4.4 Comply with the law applicable in any country from which it is posted.

5.5 A Post must not:
5.5.1 Be defamatory of any person.
5.5.2 Be obscene, offensive, hateful, or inflammatory.
5.5.3 Promote sexually explicit material.
5.5.4 Promote violence.
5.5.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
5.5.6 Infringe any copyright, database right, trademark or any other intellectual property right of any other person.
5.5.7 Be likely to deceive any person.
5.5.8 Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
5.5.9 Breach any applicable minor protection laws and regulations.
5.5.10 Promote any illegal activity.
5.5.11 Be in contempt of court.
5.5.12 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
5.5.13 Be likely to harass, upset, embarrass, alarm, or annoy any other person.
5.5.14 Impersonate any person or misrepresent your identity or affiliation with any person.
5.5.15 Give the impression that the Post emanates from us if this is not the case.
5.5.16 Advocate, promote, incite any party to commit, or assist any unlawful or criminal act including but not limited to copyright infringement or computer misuse.
5.5.17 Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
5.5.18 Contain any advertising or promote any services or web links to other sites.
5.5.19 Endanger national security or leak state secrets.

6.OUR USE OF POSTS

6.1 When you upload or post anything to our Website or share Posts with us via any other platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, and display such Posts in connection with the services provided by the Website and across different media, including the use of such content to promote the Website and/or the services.
6.2 You also grant us the right to take legal action against any infringement of your or our rights in the content. To the extent possible, you expressly waive all “moral rights” (including rights of attribution or integrity) that may subsist in your content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your content by us.

7. WEBSITE SUSPENSION OR WITHDRAWAL

7.1 We do not guarantee that this Website will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the Website for business and operational reasons. We will endeavour to provide reasonable notice of any suspension or withdrawal.
7.2 We will not be liable for any losses suffered because of our Website not being available due to events, circumstances or causes beyond our reasonable control, including but not limited to internet, system or device instability, computer viruses and hacker attacks.

8.PROTECTION FROM VIRUSES AND UNAUTHORIZED ACCESS

9.LINKS TO THIRD-PARTY WEBSITES

9.1 The Website may contain hyperlinks to websites operated by parties other than Top Spots Dubai ("Third-Party Sites"). Such hyperlinks are provided for your reference only. Their presence on the Website does not signify any endorsement by Top Spots Dubai of the material on such Third-Party Sites nor any association with their operators.
9.2 We do not control Third Party Sites and are not responsible for their contents, or the privacy or other practices of those that own and operate them. It is your responsibility to ensure that any hyperlinks you select and/or software you download (whether from the Website or Third-Party Sites) does not contain any viruses.

10.LINKING TO OUR WEBSITE

10.1 You may publish links to our home page on your own website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
10.2 You must not establish a link to our Website in any website that is not owned by you.
10.3 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. 10.4 We reserve the right to withdraw linking permission without notice.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Without prejudice to any provisions of these Terms and Conditions, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website, whether registered or unregistered, are the exclusive property of Top Spots Dubai or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
11.2 All trademarks and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website, whether registered or unregistered, are, and remain, the exclusive property of Top Spots Dubai or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
11.3 You acquire no rights to the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website and may download extracts of any pages of the Website for your personal use only. You may not incorporate the Website into other websites, and may not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

12. BOOKING PROCESS

12.1 This Website is a platform through which you can enter a contract with a third-party Supplier of a Top Spot Product. We are not a supplier of any of the Top Spot Products, and your contract for supply of any Top Spot Product you book will be directly between you and the respective Supplier. In respect of each booking, we act as a reseller on behalf of the Supplier, meaning that a Top Spot Product listing represents an invitation to you to make an offer to a Supplier, and that we are free to accept or reject such offer on behalf of that Supplier.
12.2 When a booking for a particular Top Spot Product is complete, you will receive a confirmation email from us with a unique booking reference number. It is your responsibility to verify the accuracy of details in the booking confirmation and you must contact us immediately if any of the details are incorrect.
12.3 If you are booking Top Spot Products for a number of individuals, the first name you provide will be responsible for (i) providing accurate information on the other individuals, (ii) accepting these terms on their behalf and ensuring that they comply with them, (iii) checking the details in the booking confirmation and contacting us immediately if any of the details are incorrect, and (iv) paying the full price of the booking and any additional charges in relation to the booking.

12.4 When using our booking services, you must not:

12.4.1 Use an invalid bank card or account, or a bank card or account that you are not authorized to use.
12.4.2 Impersonate any person or misrepresent your identity or affiliation with any person.
12.4.3 Violate any laws and regulations or regulatory requirements.

12.5 All bookings for Top Spot Products are subject to availability at the time of booking. We work to ensure that information on our Website is current however, we cannot guarantee the availability of specific Top Spot Products at the time of booking. We will inform you as soon as possible if the Top Spot Product you have booked is not available.

13. PERSONAL DETAILS

13.1 You confirm that all details provided by you when making your booking (such as name, identity details, contact details, payment details and dates) are accurate and complete. If you notify us of any incorrect details provided by you in error, we will endeavour to assist to amend the details on the booking however, we cannot guarantee that the Supplier will permit this, in particular where a change could amount to a change in identity.

14. PRICE OF TOP SPOT PRODUCTS

14.1 We endeavour to ensure that the advertised price of Top Spot Products is accurate. In the event of an inaccuracy in pricing, we reserve the right to cancel the booking or, with your consent, update your booking to reflect the correct price.

15. PAYMENT AND CURRENCY

15.1 When you book a Top Spot Product, the terms of payment will be made clear to you during the booking process. Some bookings require you to prepay online, some require you to pay at the time of using the Top Spot Product. If any sum is not paid in full in accordance with the terms of your booking, we may cancel your booking immediately.
15.2 Exchange rates are calculated in real time. When you prepay online, you will pay the exact amount shown on the payment page. However, if you are paying in a different currency, the provider of the account you pay with may use an alternative currency rate which you are responsible for confirming. Your account provider may also charge you a fee for international payments. You acknowledge that when you pay at the time of using the Top Spot Product the exchange rate may have changed between the time of booking and the time of payment.
15.3 If you encounter a problem when submitting your payment through the Website, please do not submit the payment again. You may first confirm whether your booking was successfully made by contacting us.
15.4 Any refunds will be paid back to the original payment method unless otherwise agreed by us in writing. The date that any refund will be paid into your account is subject to the provider of your account.

16. CUSTOMER PREPARATIONS

16.1 It is your responsibility to ensure that you have appropriate insurance and the required travel documents for the enjoyment of your Top Spots Product. This includes but is not limited to your passport/national identity card, visas, and medical documents (such as proof of vaccinations), and any other information or documentation the Supplier requires.
16.2 By offering Top Spot Products in Dubai, we are not advising or confirming that you can travel to and/or around without risk. You are responsible for checking any travel warnings or restrictions before you make any bookings.
16.3 It is your responsibility to ensure that you obtain any vaccinations or other medical checks, and to follow any medical advice you have received.

17. SERVICE GUARANTEE

17.1 Please visit https://www.topspotsdubai.com/customer-service for information on our Service Guarantee.

18. BOOKINGS, AMENDMENTS AND CANCELLATIONS

18.1 Top Spots Products are also subject to the relevant Supplier’s terms and conditions. We may provide you with a link to these terms and conditions at the checkout stage of your booking process.
18.2 Otherwise, to the extent there is any conflict or inconsistency between the Supplier’s terms and conditions and these terms, these Terms and Conditions shall prevail in respect of the relationship between Top Spots Dubai and its customer.
18.3 We shall endeavour to issue your booking confirmations within a reasonable time frame of completion of the checkout stage of your booking process.
18.4 We will have provided you with information on your rights to change or cancel your bookings (and any associated fees) during your booking process. This information forms part of these Terms and Conditions and should be read carefully before finalizing your booking. If you are unsure whether your booking permits changes and/or refunds for cancellation, please contact us for clarity.
18.5 If your booking is changed or cancelled by the Supplier, that Supplier’s terms and conditions will apply.
18.6 Top Spots Product rankings on the Website are intended to give you an indication of the Top Spots Product standard to assist you in selecting a Top Spots Product. You acknowledge and agree however, that our rankings are subjective assessments only and that you are responsible for independently verifying the Top Spots Products before booking.

19. LIABILITY DISCLAIMER

19.1 Information relating to Top Spots Products featured on the Website are generally provided by the relevant Suppliers and/or users of our Website who have provided reviews of Top Spots Products. We endeavour to ensure that such information is accurate and complete, however to the extent permitted by law, we shall not be liable for any loss or damage incurred by you as a result of any inaccuracy or incompleteness of the information.
19.2 No representations, warranties or conditions are given by us in respect of any information on our Website and any such representations, warranties or conditions are excluded, save to the extent that such exclusion is prohibited by law.

19.3 To the extent permitted by law, we shall not be liable for any loss or damage incurred by you as a result of:

19.3.1 Incorrect details (such as name, identity details, nationality, contact details, payment details, dates and times) submitted by you when making your booking. This includes, but is not limited to, loss or damage as a result of:


(A) Not being able to contact you with important information about your booking, where you have provided incorrect contact details.

(B) You being unable to use a Top Spots Product due to the identity details provided by you during your booking not matching those on your identity document.

19.3.5 Any bookings, including duplicate bookings, made by you in error.
19.3.6 Any fees charged by your account provider for international payments, alternative exchange rates used by your account provider when paying in a different currency or any changes in the exchange rate between the time of booking and the time of payment.
19.3.7 Any direct communications between you and the relevant Supplier.
19.3.8 Any inaccurate customer or third party rating of Top Spots Products.
19.3.9 False, inaccurate, outdated, or incomplete payment information provided by you.
19.3.10 The use of any interactive area by a user of our website in contravention of our Content Standards set out in these terms.
19.3.11 You visiting or travelling to and/or around an area with a travel warning or travel restrictions in place.
19.3.12 Acts, errors, omissions, representations, warranties, breaches, or negligence of any Suppliers or for any personal injuries, death, property damage or loss, or other damages or expenses resulting therefrom.
19.3.13 A Supplier’s delay, rescheduling, cancellation, overbooking, or closure of facilities.
19.3.14 Any personal injuries, death, property damage or loss, or other damages or expenses resulting from your booking of or use of Top Spots Products.

19.3.15 Events outside of our control, including but not limited to:

(A) Acts of god, flood, drought, earthquake, or other natural disaster;

(B) Epidemic or pandemic;

(C) Terrorist attack, war, commotion or riots, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

(D) Nuclear, chemical or biological contamination or sonic boom;

(E) Any law or any action taken by a government or public authority; and

(F) Internet, system or device instability, computer viruses and hacker attacks.

19.4 Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.5 If, despite the limitations above, Top Spots Dubai is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then our liability will in no event exceed the greater of (a) the service fees you paid to us in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

20. USERS BREACH OF THE TERMS AND CONDITIONS

20.1 You are responsible for any losses suffered by Top Spots Dubai as a result of your breach of these Terms and Conditions whether by your use of our Website and/or booking services.

20.2 Failure to comply with these Terms and Conditions may result in Top Spots Dubai taking all or any of the following actions:

20.2.1 Immediate, temporary, or permanent withdrawal of your right to use our Website and/or our booking services.

20.2.2 Immediate, temporary, or permanent removal of any Post uploaded by you to our Website.

(20.2.3 Issue of a warning to you.

20.2.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

20.2.5 Further legal action against you.

20.2.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

21. GENERAL

21.1 You agree that no joint venture, agency, partnership, or employment relationship exists between you and Top Spot Dubai as a result of these Terms and Conditions or use of the Website.
21.2 Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
21.3 If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms and Conditions shall continue in effect.
21.4 These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between you and Top Spot Dubai with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Top Spot Dubai with respect to our services and Top Spots Products. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21.5 Any rights not expressly granted herein are reserved.

22. JURISDICTION AND GOVERNING LAW

22.1 The Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United Arab Emirates as applicable in the Emirate of Dubai.
22.2 Any dispute arising out of or in connection with the Terms and Conditions, including any question regarding its existence, validity or termination, shall to the extent possible be settled amicably by negotiation and discussion between the parties.
22.3 If the parties are unable to settle such dispute amicably within fourteen (14) days, or such other period as the parties shall agree in writing, it shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the Dubai International Financial Centre. The language to be used in the arbitration shall be English.

23. CONTACT US

23.1 To contact us for assistance or complaints, please find our details at https://www.topspotsdubai.com/help or alternatively, you may use our service chat facility on the Website.