Terms and Conditions of Use


1. INTRODUCTION

Your use of this Site and its Service is as an acknowledgement that you have read, understood and accept these terms and conditions of use and our Privacy Statement.

This Site and the Service are operated and provided by B A Barry DMCC, trading as ®GEOHONEY, at Suite No: #105, Business Entrance, Blue Tower , Sheikh Zayed Road, Dubai-United Arab Emirates. Any references to "we", "us" or "GEOHONEY" in these terms and conditions refer to ®GEOHONEY, while any references to "you" means you personally or the company, or entity, on whose behalf you are accepting these terms and conditions.

If you have any questions regarding these terms and conditions or our Privacy Statement please contact us at support@babarry.com.

2. UPDATED TERMS AND CONDITIONS

GEOHONEY reserves the right to modify these terms and conditions and our Privacy Statement at our discretion. The most current version will always be available here. If the modifications are material we may notify you via the email address associated with your account that modifications have been made to these terms and conditions, however, failure to notify you will not affect the effectiveness of any modifications. By continuing to access or use the GEOHONEY Service after those modifications become effective, you agree to be bound by the modified terms and conditions and will be deemed to have accepted any modification.

3. TERRITORY

3.1 This website is controlled and operated by B A Barry DMCC from Dubai. B A Barry DMCC does not make any representation that this Site, its Content or the Service are appropriate or suitable for use in countries other than U.A.E, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Site, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Site, its Content or the Services or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Site, its Content or the Services or any part of them are not directed at you).

3.2 GEOHONEY will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

4. PRIVACY STATEMENT

Our Privacy Statement deals with how we may use the information you provide to us and information we collect during your use of the Site. Please carefully read our Privacy Statement as it, along with these terms and conditions will govern your use of this Site.

Any information that you provide to GEOHONEY is subject to our Privacy Statement, which governs our collection and use of such information. You understand that through your use of the Site you consent to the collection and use (as set forth in our Privacy Statement) of this information.

5. GENERAL TERMS AND CONDITIONS

You may use the GEOHONEY Service only in compliance with these terms and conditions and all applicable laws, regulations and industry codes of practice. If you violate any of these rules, then we may suspend or terminate your account.

5.1 Eligibility

To use this Site you must be at least eighteen years old and have the capacity to contract. GEOHONEY may refuse to service, and may close accounts of any users under the age of eighteen at any time. GEOHONEY may change these eligibility requirements at any time.

5.2 Your Contact Information

You must provide true, complete and up-to-date contact information.

5.3 Responsibility

You agree that you are solely responsible for your own conduct and any content that you send via the Service, and for any consequences thereof.

5.4 Impersonation

You cannot use the Service to impersonate any person or entity or to misrepresent your affiliation to any person or entity.

5.5 Copyright & Other Intellectual Property

You cannot use the Service to distribute or make available for download copyrighted material without the copyright owner's consent, or to infringe any third party Intellectual Property Rights.
Subject to these terms and conditions all Intellectual Property and other rights in the content of this Site and the Service are the property of GEOHONEY or its licensor. A number of trademarks appear on this Site which belong to GEOHONEY, or their respective owners. Nothing in the terms gives you a right to use the GEOHONEY name or any of the GEOHONEY trademarks, logos, domain names, and other distinctive brand features.

5.6 Compliance with Laws

You agree to use the Service only for purposes that are legal, proper and in accordance with any applicable laws, policies, guidelines and industry codes of practice. You must not use GEOHONEY in a way that violates any laws or regulations.

6. DATA PROTECTION

GEOHONEY is a data controller and you are a data subject, for the purposes of data protection law.

By providing GEOHONEY with information you consent to the transfer and processing of such information, including any Personal Data, by GEOHONEY and such third parties as required for GEOHONEY's business purposes.

In doing so you consent to:

(i) the transfer of such information and Personal Data to countries outside the United Arab Emirates. We shall seek to ensure that any such transfer provides a similar level of protection, as that which applies to Personal Data in the Emirates of Dubai by ensuring transfers are made to companies on the EU-US Safe Harbour List or through the use of EU Commission approved clauses in data transfer agreements.

(ii) the transfer of such information and Personal Data to third parties for the processing of payments (including the transfer of credit card details), reporting, providing the Services and compliance with regulatory and/or legal requirements.

7. REGISTRATION

7.1 Setting up your account

To avail of the Service you must register and set up an account with GEOHONEY. As part of this registration process you will be required to provide certain information. This information must be accurate and you accept responsibility for keeping this information up to date.

You warrant that all information provided is accurate and pertains to you or a company or entity on whose behalf you are registering and that you have been given express consent to provide this information to us. Furthermore you agree to indemnify us from any claim made against us or loss suffered by us resulting from the above warranty. Should you provide false information or fail to adequately update your information we retain the right to cancel your account.

7.2 Your Responsibility For Your Account

GEOHONEY bears no liability for any activity carried out through your account. You are solely responsible and liable for all use made of the Service through your account, whether authorised by you or not and you hereby indemnify GEOHONEY for any claims, made in respect of such use.

7.3 Multiple Accounts

Each person, company or entity is entitled to set up one (1) account. GEOHONEY reserves the right to cancel any accounts where we find that any person, company or entity has more than one (1) account.

7.4 Password/Username

You are responsible for safeguarding your GEOHONEY password and for any activities or actions under your password. We encourage you to use a "strong" password, to provide for greater security. GEOHONEY cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
GEOHONEY will provide you with a replacement password upon request, provided you meet the appropriate security checks. However, GEOHONEY will not be liable for any loss you suffer as a result of you forgetting your username and password.

GEOHONEY reserves the right to require you to change your password at any time, without cause.

Once you have registered, your email address shall serve as your username and shall be requested along with your password each time you attempt to log on to your account.

7.5 Service Messages

As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These messages are part of the Service and you may not be able to opt-out of them while using the Service. You consent to the use of your personal Contact Details by GEOHONEY, for these purposes.

7.6 Communication with GEOHONEY

To ensure that GEOHONEY provides a quality Service, communication between you and GEOHONEY (or parties acting on GEOHONEY's behalf) may be recorded. GEOHONEY will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with GEOHONEY or for any other business purposes require to fulfil the terms of this contract.

8. YOUR LICENCE TO USE GEOHONEY

GEOHONEY gives any account holder a personal, non-assignable and non-exclusive license to use the software that is provided to you by GEOHONEY for the sole purpose of allowing you to use the Service, in the manner permitted by these terms and conditions and all applicable laws.

9. AVAILABILITY OF THE SITE AND SERVICE

We aim to ensure that the Site and Service are available to you at your discretion. However, there may be occasions where we are forced to withdraw the Site or Service for a period of time. While we endeavour to limit any such period, GEOHONEY will not be liable for any loss suffered resulting from such disruption.

9.1 Suspending or Varying Site Content

From time to time we will update the Site in an effort to ensure we provide the most up to date and efficient Service possible. We may vary any Content or any of the technical specifications of the Site at any time. It may be necessary during such variations to suspend access to the Site or Service for a period of time. We reserve the right to suspend access to the Site or Service for such reasons and in addition for operational reasons such as repairs, maintenance, upgrading Content or functionality of the Service or for the introduction of new Services. We will endeavour to limit the frequency and duration of these disruptions.

9.2 Operations of the Site, Service and Content

We use all reasonable endeavours to provide you with the quality of service generally provided by a competent Site provider exercising reasonable skill and care. However, there may be occasion when there may be faults on the Site or the Site may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control. Due to the nature of the Service and the internet generally GEOHONEY gives no warranties that the Site and Service will be provided in a timely manner free from interruptions or errors.
GEOHONEY tries to protect the integrity of the Site, however, GEOHONEY gives no warranties that the Site will be secure, or that the Site or any part of it will be free from infection by viruses or anything else which has contaminating properties or which may cause damage.

9.3 Supply of the Service

While we endeavour to ensure uninterrupted and timely provision of the Service and to correct any faults which we become aware of within a reasonable period of time we cannot ensure this is always the case. The Service is provided without any warranty or guarantee (including those implied by law).

9.4 Changes to the GEOHONEY Services

The Services that GEOHONEY provides are always evolving and we may change the Services that GEOHONEY provides from time to time without prior notice to you. We may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice.

10. PAYMENT, SHIPPING AND REFUND POLICY

10.1 Charges

The Charges for the Service will be those displayed on the Site at the time of purchase or those notified to you before purchasing the products. All Charges are inclusive of VAT and other applicable taxes. Additional administrative charges may apply, depending on the method of payment.

GEOHONEY reserves the right to vary its Charges or to introduce new Charges for Services which were provided for free in the past or to vary or introduce new administrative fees at any time. Any variation to our payment terms shall be binding and final.

10.2 Payment Method

We accept payments online using Visa and MasterCard credit/debit card in AED.

All payments, unless otherwise agreed with GEOHONEY, must be made online via our payment processing service. Payment will not be accepted in any form other than those designated in our payment processing service. GEOHONEY accepts no responsibility for any loss resulting from failed payments.

You warrant that any information supplied as part of the payment process is accurate and pertains to you and any credit card, debit card or equivalent method of payment provided belongs to you or you are authorised to use such payment method. You agree to indemnify GEOHONEY against any loss we may suffer resulting from incorrect payment information provided or resulting from your use of a payment method which you were not authorised to use.

Multiple transactions may result in multiple postings to the cardholder's monthly statement.

10.3 Shipping

We deliver all across the Emirates except certain areas which are considered as out of service areas. Our courier company delivers orders during working hours from 9:00 am to 6:00 pm Saturday to Thursday.

Shipping fees depend on the total quantity of items, weight and shipping speed selected. Therefore, there are no flat shipping charges. The best way to find out the shipping charge applicable to your order is to try placing an order. The last page of the checkout process will provide you with the exact shipping cost. An additional amount of AED4 will be charged per shipment if you choose to pay using Cash on Delivery payment method for your order.

To determine the applicable shipping rate for items in your Shopping Cart:
1. Select Proceed to Checkout.
2. Select or add your shipping address.
3. Select a shipping speed and select Continue.
4. Select a payment method.
The total shipping cost & cash on delivery fees (if applicable) will be listed under the Order Summary displayed on the right-hand side of the page.

Note: For out of service areas, customers will be required to collect their orders from the courier's hub within the city.

10.4 Cancellation & Refund

You may request to cancel order for a full refund within 24 hours after your order is confirmed. Cancellation requests made after 24 hours of the class date/time may not receive a refund nor a transfer.

Refunds will be done only through the Original Mode of Payment.

10.5 Connection and Access Charges

You are responsible for any and all service fees, Charges and costs associated with the access to the Site and the use of the Service via the Site. This includes the responsibility for paying for the fixed internet connection necessary for connecting to the Site and using the Service.

11. CLOSING YOUR ACCOUNT

11.1 Closing your Account

You or GEOHONEY may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend the GEOHONEY Service to you at any time, with or without cause. These terms and conditions will continue to apply until terminated by either you or GEOHONEY as follows.
If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Message Credits. We won't refund or reimburse you if there's cause, like a violation of these terms and conditions. Once terminated, we may permanently delete your account and all the data associated with it, including your Contact database.

We also retain the right to immediately suspend the Service at any time without cause. During any such suspension of Service these terms and conditions and our privacy statement will continue to apply, until this Agreement is terminated by you or GEOHONEY.

12. LIABILITY

To the fullest extent permitted by law GEOHONEY nor any of its directors, employees, affiliates or other representatives will be liable for any loss or damage arising out of or in connection with:

  • your use of the Service;
  • your inability to access or use the Service;
  • loss of data;
  • claims of third parties;
  • failure to store or transmit data maintained by GEOHONEY;
  • any advice, whether oral or written, obtained from GEOHONEY;
  • your provision of incorrect Contact Details;
  • your device not supporting GEOHONEY;
  • our failure to correctly register you for the Service;
  • any Content provided by you;
  • your information, third party information or any other material on the internet which can be accessed using the Service or the Site and we are not responsible in any way for goods or services provided, advertised or otherwise made available by means of the Service or Site; or
  • any failure to do what we have promised because of something beyond our reasonable control such as technical failure, lightning, flooding, exceptionally severe weather, fire or explosion, civil disorder, war, military operations, industrial disputes of any kind (including those involving our employees), natural or local emergency, the acts or omissions of other providers of internet service or the failure of any mobile network or apparatus, anything done by the government or other competent authority.

Even if GEOHONEY has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. No advice or information, whether oral or written, obtained from GEOHONEY will create any warranty not expressly made herein.

We do not accept liability in these terms and conditions, tort (including negligence) or otherwise, for direct or indirect loss of profits, income, business or anticipated savings, nor for any indirect, incidental or consequential damages, including, without limitation, loss or destruction of data, or other information under any circumstances.

Your access to and use of the GEOHONEY Service is at your own risk. You understand and agree that the GEOHONEY Service is provided to you on an "AS IS" and "AS AVAILABLE" basis.

13. INDEMNITY

You agree to indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because the Site or Service is used by you in breach of the provisions of these terms and condition. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.

14. DISPUTES WITH THIRD PARTIES

You undertake to tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you in relation to your use of the Service. You warrant that at our request you will immediately stop the act complained of. Should we ask, you warrant to provide a written statement detailing any such claims or legal proceedings. You agree that should you fail to stop the acts complained of after requested to do so by us we may immediately suspend your account or terminate this Agreement.

15. DISCLAIMER

The GEOHONEY Site and Service may contain links to third-party websites or resources. We are not responsible or liable for the content availability or accuracy of these third parties. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

16. SEVERABILITY

If any section of this Agreement is found by a court of law not to be enforceable, then that section will be removed or edited as little as necessary, to ensure compliance, and the rest of these terms and conditions shall remain valid and applicable.

17. SURVIVABILITY

The following clauses of this Agreement shall continue to apply after termination of this Agreement, clause 10, 13.3, 14, 15, 16 along will all warranties, indemnities and undertakings given by you.

18. WAIVER

The failure of GEOHONEY to enforce any of the provisions of these terms and conditions, and the rights contained therein, will not be deemed to be a waiver of such provisions or rights.

19. GOVERNING LAW AND JURISDICTION

• Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
• United Arab of Emirates is our country of domicile.
• Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
• If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
• The cardholder must retain a copy of transaction records and Merchant policies and rules.

20. ENTIRE AGREEMENT

These terms and conditions and our Privacy Statement are the entire and exclusive Agreement between you and GEOHONEY. These terms and conditions supersede and replace any previous terms and conditions or prior Agreements between you and GEOHONEY, regarding the Site and the Service.

Save as provided for in the limitation of liability section, the parties do not intend that any of these terms and conditions will be enforceable by any person other than you, GEOHONEY and any GEOHONEY group members.

21. DEFINITIONS

The following terms shall have the following meanings in these terms and conditions:

  • Agreement means the entire agreement between you and GEOHONEY; this includes these terms and conditions and our Privacy Statement
  • Charges means all charges for the Service as notified to you prior to your purchase. These charges may be varied from time to time and it is the responsibility of the user to check the Charges prior to purchase. Charges may also include a reasonable administration fee
  • Contact or Contact Details means a mobile phone number and associated information like name, email, note stored in your GEOHONEY account
  • Content means any text, graphics, photos or other materials uploaded entered by you to the GEOHONEY Service
  • Intellectual Property Rights means copyright, trademarks, patents, registered and unregistered design rights, know how, confidential information and other relevant proprietary and intellectual property rights
  • Personal Data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller
  • Sensitive Personal Data means sensitive personal data as defined in the EU Data Protection Directive 1995
  • Site means website, mobile app or any other medium on which the Service can be accessed.

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