LEGAL TERMS

Last updated on September 02, 2023

ACCEPTANCE OF OUR LEGAL TERMS

We are TrekTender (“Company“, “we“, “us“, “our“), a company located at Level 15, Boulevard Plaza Tower One – Sheikh Mohammed bin Rashid Blvd – Downtown Dubai – Dubai – United Arab Emirates

We operate the https://trektender.com website (the “Site“) and any other related products and services that link to or refer to these legal terms (“Legal Terms”) (“Legal Terms“) (collectively, the “Services“).

TrekTender – Business Without Borders

You can contact us via WhatsApp https://wa.me/message/QRMR4FBMVKNSM1 or Telegram https://t.me/trekguider, email alex@trektender.com or mail Level 15, Boulevard Plaza Tower One – Sheikh Mohammed bin Rashid Blvd – Downtown Dubai – Dubai – United Arab Emirates

These Legal Terms constitute a legally binding agreement between you, personally or on behalf of an entity (“you“), and TrekTender regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS,  YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST STOP USING THEM IMMEDIATELY.

Additional terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you to any changes by updating the “Last Updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Legal Terms periodically to ensure that you are aware of updates. You will be subject to changes to any revised Legal Terms and will be deemed to have read and accepted them by continuing to use the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be under the direct supervision of their parents or guardians to use the Services. If you are a minor, you must ask your parent or guardian to read and agree to these Legal Terms before you start using the Services.

We recommend that you print a copy of these Legal Terms for your records.

CONTENT

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER STATEMENTS
  4. PURCHASES AND PAYMENT
  5. POLITICS
  6. PROHIBITED ACTIVITIES
  7. CONTRIBUTIONS CREATED BY USERS
  8. DEPOSIT LICENSE
  9. SERVICE MANAGEMENT
  10. PRIVACY POLICY
  11. TERM AND TERMINATION
  12. CHANGES AND INTERRUPTIONS
  13. GOVERNING LAW
  14. DISPUTE RESOLUTION
  15. FIXES
  16. DISCLAIMER
  17. LIMITATION OF LIABILITY
  18. DAMAGES
  19. USER DATA
  20. EMAILS, TRANSACTIONS, AND SIGNATURES
  21. MISCELLANEOUS
  22. CONTACT US

01 OUR SERVICES

The information provided through the use of the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us to any registration requirements in such jurisdiction or country. Accordingly, those individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent applicable.

02 INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics in the Services (collectively, “Content”), and the trademarks, service marks, and logos contained therein (“Marks”).

Our Content and Marks are protected by copyright and trademark laws (as well as various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided on or through the Services “AS IS” only for your personal, non-commercial use or internal business purposes.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content that you have properly accessed.

solely for your personal, non-commercial use or internal business purposes.

Except as set forth in this section or elsewhere in our Legal Terms, no part of the Services or Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to use the Services, Content or Marks in any way other than as set forth in this section or elsewhere in our Legal Terms, please send your request to: alex@trektender.com. If we ever give you permission to publish, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible when our Content is posted, reproduced, or displayed.

We reserve all rights not expressly granted to you with respect to the Services, Content, and Marks.

Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will cease immediately.

Your materials

Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand (a) the rights you grant us and (b) the obligations you have when you post or upload any content through the Services.

Submissions: By sending us directly any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You agree that we will own this Submission and will have the right to use and distribute it without restriction for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By submitting Content to us through any part of the Services, you:

  • confirm that you have read and agree to our “PROHIBITED ACTIVITIES” and will not post, submit, publish, upload or transmit through the Services any Material that is unlawful, abusive, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading;
  • to the extent permitted by applicable law, waive any and all moral rights to any such Submission;
  • warrant that any such Materials are original to you or that you have the necessary rights and licenses to submit such Materials, and that you have full authority to grant us the aforementioned rights in relation to your Materials; and
  • warrants and represents that your Submissions are non-confidential.

You are solely responsible for your Submissions and expressly agree to indemnify us for any losses we may incur due to your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.

03 USER STATEMENTS

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to be bound by these Legal Terms; (2) you are under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or, if you are a minor, you have obtained parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any part thereof).

04 PURCHASES AND PAYMENT

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price if we deem it necessary. We can change prices at any time. All payments are made in US dollars.

You agree to pay all fees at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your selected payment provider for any such amounts when you place your order. We reserve the right to correct any errors or errors in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that we believe are placed by dealers, resellers, or distributors.

05 POLITICS

All sales are final and no refunds will be given.

06 PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those for which we provide the Services. The Services may not be used in connection with any commercial endeavors other than those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically extract data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
  • Deceive, deceive, or mislead us and other users, especially in any attempt to find out sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or impose restrictions on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Misuse our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Participate in unauthorized framing or linking to the Services.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive capitalization and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to submit comments or messages, or using any data mining tools, robots, or similar data gathering and extraction tools.
  • Remove the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person, or use another user’s username.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Services to you.
  • Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services or any part of the Services.
  • Copy or adapt the software of the Services, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decrypt, decompile, disassemble, or reverse engineer any software that contains or in any way forms part of the Services.
  • Except as may result from the use of a standard search engine or internet browser, use, run, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or execute any unauthorized script or other software.
  • Use a purchasing agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting user names and/or email addresses by electronic or other means for the purpose of sending unsolicited email or creating user accounts through automated means or under false pretenses.
  • Use the Services as part of any efforts to compete with us, or otherwise use the Services and/or Content for any revenue-generating business or commercial enterprise.
  • Use the Services to advertise or offer to sell goods or services.

07 USER-CREATED CONTRIBUTIONS

The Services do not prompt users to submit or post content. We may provide you with the ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including, but not limited to, text, letters, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be handled in accordance with the Privacy Policy of the Services. When you create or make available any Contributions, you represent and warrant that:

  • Creating, distributing, transmitting, publicly displaying or performing, and accessing, downloading or copying your Contributions do not and will not infringe the proprietary rights, including, but not limited to, the copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
  • You are the creator and owner, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use the name or likeness of each such identifiable natural person to ensure that your Contributions are included and used in any manner contemplated by the Services and these Legal Terms.
  • Your submissions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your submissions are not obscene, obscene, lascivious, filthy, violent, abusive, libelous, libelous, or otherwise objectionable (as determined by us).
  • Your content does not ridicule, mock, humiliate, intimidate, or insult anyone.
  • Your Content is not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a particular person or group of people.
  • Your Contributions do not violate any applicable laws, regulations or rules.
  • Your submissions do not violate the privacy or publicity rights of any third party.
  • Your submissions do not violate any applicable laws regarding child pornography or are otherwise intended to protect the health or well-being of minors.
  • Your content does not contain offensive comments related to race, national origin, gender, sexual preference, or physical disability.
  • Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, the termination or suspension of your rights to use the Services.

08 DEPOSIT LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to indemnify us from any liability and refrain from any legal action against us with respect to your Contributions.

09 SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, but not limited to, reporting such user to law enforcement; (3) in our sole discretion and without limitation, refuse, restrict access to, restrict the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems; and (5) otherwise operate the Services in a manner that protects our rights and property and promotes the proper functioning of the Services.

010 PRIVACY POLICY

We care about data privacy and security. Please read our Privacy Policy: https://trektender.com/privacy-policy-2/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Russia. If you access the Services from any other region of the world with laws or other requirements governing the collection, use of the or the disclosure of personal data that differs from applicable law in Russia, then by continuing to use the Services, you transfer your data to Russia and expressly consent to the transfer and processing of your data in Russia.

011 TERM AND TERMINATION

These Legal Terms shall remain in full force and effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY, OR AGREEMENT CONTAINED IN THESE LEGAL TERMS,  OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR REMOVE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you will be prohibited from registering and creating a new account under your own name, a fictitious or borrowed name, or the name of any third party, even though you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive relief.

012 CHANGES AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the Services at any time or for any reason in our sole discretion without notice. However, we are under no obligation to update any information about our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or we may need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason without notice. You agree that we will not be liable in any way for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or termination of the Services. Nothing in these Legal Terms shall be construed to obligate us to endorse and support the Services or to provide any corrections, updates, or releases in connection therewith.

013 GOVERNING LAW

These Legal Terms are governed by and defined in accordance with the laws of the Philippines. TrekTender and you irrevocably agree that the courts of the Philippines will have exclusive jurisdiction to resolve any disputes that may arise in connection with these Legal Terms.

014 DISPUTE RESOLUTION

Informal negotiation

In order to expedite resolution and control the cost of any dispute, controversy or claim related to these Legal Terms (each, a “Dispute” and collectively, “Disputes”) initiated by you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to resolve any Dispute (other than those Disputes expressly set forth below) informally for at least thirty (30) days prior to the commencement of arbitration Proceedings. Such informal negotiations shall commence upon written notification by one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Conditions, including any questions concerning their existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court at the European Arbitration Chamber (146 Avenue Louise, Brussels, Belgium) in accordance with the Rules of this ICAC, which, by reference thereto, shall be deemed to be part of this paragraph. The number of arbitrators is 1 (one). The seat or place of business or arbitration shall be Cebu, Philippines. The language of the proceedings shall be English. The applicable law of these Legal Terms is the substantive law of the Philippines.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties on an individual basis. To the fullest extent permitted by law, (a) no arbitration may be joined with any other proceeding; (b) there is no right or authority to arbitrate any Dispute on a class action basis or to pursue class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions relating to informal negotiation, binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the Party’s intellectual property rights; (b) any Dispute relating to or arising out of allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will decide to arbitrate any Dispute falling within that part of this provision that is found to be illegal or unenforceable, and such Dispute will be resolved by a court of competent jurisdiction in the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

015 FIXES

The Services may contain information that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information about the Services at any time without notice.

016 DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY (1) ERRORS, ERRORS OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,  (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, ETC., WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND,  INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE COMMON SENSE AND EXERCISE CAUTION WHERE APPROPRIATE.

017 LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST PROFITS, LOSS OF DATA, OR OTHER DAMAGES, ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO $100.00. SOME U.S. AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

018 INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, incurred by any third party in connection with: (1) the use of the Services; (2) violation of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any manifestly harmful act towards any other user of the Services with whom you have contacted through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding that is subject to this indemnification as soon as we become aware of it.

019 USER DATA

We will retain certain data that you share with the Services for the purpose of managing the performance of the Services, as well as data related to your use of the Services. Although we regularly back up data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we will not be liable to you for any loss or damage to any such data, and you hereby waive any right of action against us arising out of any such loss or damage to such data.

020 ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending us emails, and filling out online forms constitute electronic communications. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email, and on the Services satisfy any legal requirement that such communication be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or claims under any laws, regulations, rules, ordinances, or other laws in any jurisdiction that require the original signature, delivery, or retention of non-electronic records, and payments or the provision of credits by any means other than electronic means.

021 MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on or in relation to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or omission caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is held to be unlawful, invalid or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship between you and us created as a result of these Legal Terms or the use of the Services. You agree that these Legal Terms will not be construed against us by virtue of the fact that they were drafted. You hereby waive any objections you may have based on the electronic form of these Legal Terms and the lack of a signature by the parties to enforce these Legal Terms.

022 CONTACT US

To resolve a complaint regarding the Services or for more information about your use of the Services, please contact us at:

TrekTender

Level 15, Boulevard Plaza Tower One – Sheikh Mohammed bin Rashid Blvd – Downtown Dubai – Dubai – United Arab Emirates

Contacts:

Telegram: https://t.me/trekguider

WhatsApp: https://wa.me/message/QRMR4FBMVKNSM1

alex@trektender.com