Terms of Use
Last Update:
08 August 2020
SIRC Digital Waste Management Platform
INTRODUCTION
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These Terms and Conditions constitute a legally binding agreement
made between you, whether personally or on behalf of an entity
("you") on the one part and Construction and Demolition Services
for Waste Recycling Company LLC ("SIRC") and Base Alpha Ltd ("BA",
and with SIRC each and/or together "we," "us" or "our"),
concerning your access to and use of the Saudi Investment
Recycling Company Digital Waste Management Platform (the
"Platform"). BA host and maintain the Platform on behalf of SIRC.
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You agree that by accessing the Platform, you have read,
understood, and agree to be bound by all of these Terms and
Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND
CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
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Supplemental terms and conditions or documents that may be posted
on the Platform 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 Terms
and Conditions at any time and for any reason. We will alert you
about any changes by updating the "Last updated" date of these
Terms and Conditions and you waive any right to receive specific
notice of each such change. It is your responsibility to
periodically review these Terms and Conditions to stay informed of
updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised
Terms and Conditions by your continued use of the Platform after
the date such revised Terms are posted.
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Use of the Platform may form part of separate contractual
obligation you hold with SIRC in order to carry out work or
services with, for or on behalf of SIRC. Failure to agree to or
abide by these Terms and Conditions may therefore impact your
ability to meet any such contractual obligations.
AUTHORISED USERS OF THE PLATFORM
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The Platform is provided to enable and assist SIRC with certain
professional activities and services they undertake. Successful
registration on the Platform will involve an approval process
administered by SIRC and over which BA exercise no control nor
influence. SIRC is solely responsible for determining, authorising
and managing which users have an appropriate business
justification for access to and use of the Platform. Users granted
access to the Platform by SIRC will be referred to as Authorised
Users.
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The Platform is intended for users who are at least 18 years old.
Persons under the age of 18 are not permitted to register for the
Platform.
USER REPRESENTATIONS
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By using the Platform, you represent and warrant that:
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all registration information you submit will be true,
accurate, current, and complete;
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your name, a valid email address or telephone number, and any
other information reasonably requested will be provided to
register on the Platform.
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you will maintain the accuracy of such information and
promptly update such registration information as necessary.
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your login may only be used by the individual to whom it has
been assigned.
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you are responsible for maintaining the security of your
account and password. The sharing or divulging of account
passwords to third parties is strictly prohibited. We cannot
and will not be liable for any loss or damage from your
failure to ensure the security of your account.
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You shall notify SIRC immediately in the event a User ID or
password is lost, stolen or you believe your credentials have
been otherwise compromised. In such circumstances, the User
shall also endeavour to change the password at the first
available opportunity.
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you have the legal capacity and you agree to comply with these
Terms of Use.
- you are not under the age of 18.
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you will not access the Platform through automated or
non-human means, whether through a bot, script or otherwise.
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you will not use the Platform for any illegal or unauthorized
purpose; and
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your use of the Platform will not violate any applicable law
or regulation.
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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 and all current or future use of the
Platform(or any portion thereof).
PROHIBITED ACTIVITES
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As a user of the Platform, you agree not to:
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use the Services for any illegal or unauthorised purpose.
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in the use of the Services, violate any laws where SIRC
operates its activities or uses the Platform or Services
(including but not limited to copyright or trademark laws).
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modify, adapt or hack the Services or modify another website
so as to falsely imply that it is associated with the
Services, BA, or any other BA service.
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reproduce, duplicate, copy, sell, resell or exploit any
portion of the Platform elements, Services, use of the
Services, or access to the Services without the express
written permission by us.
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use the Platform for the purposes of (i) advocating hatred
based on race, religion, nationality, ethnicity, sex, gender
identity, sexual preference, disability; (ii) promoting war;
and/or (iii) planning or promoting the commission of a crime.
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upload, post, host, or transmit unsolicited email, SMSs,
"spam" messages or any material that is offensive,
threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable.
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transmit any worms or viruses or any code of a destructive
nature.
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carry out any activity that might render the Platform and/or
the SIRC network target of attacks.
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carry out any act disrupting and/or resulting in a
disproportionate interference with the operation of the
Services, Platform or SIRC network and/or that causes an
excessive use of resources.
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carry out any act resulting in the infringement of
intellectual property rights, including downloading,
uploading, sharing, copying or using copyright-protected
materials without being expressly authorised by the owner of
such materials.
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carry out any act resulting in the publication of confidential
without being expressly authorised by the owner of such
information.
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While BA and SIRC prohibits offensive conduct and content posted
on the Services, neither SIRC or BA can be responsible for any
content or data inputted on the Services and you may be exposed to
such materials. You agree to use the Services at your own risk
with respect to the content and data on the Platform.
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SIRC and/or BA may, but have no obligation to, remove content and
accounts containing content that it determines in its sole
discretion infringes the conditions under these or any of the
terms under the Master Licence.
INTELLECTUAL PROPERTY RIGHTS
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Unless otherwise indicated, the Platform is BA’s proprietary
property. Platform components include, but are not limited to the
following: Platform file structures and encumbrances; data
architecture and databases; identity Management System;
Application Programming Interfaces (APIs) to manage
certifications, to manage and transfer assets and to expose
Platform functionality to its web and mobile apps; frontend
interface integrations; AI and machine learning algorithms and
integrations. Platform components are owned or controlled by BA or
licensed to BA, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair
competition laws of the United Arab Emirates, foreign
jurisdictions, and international conventions.
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The Platform’s end-user facing interfaces (the "Product") consists
of various web and mobile applications, including the Driver
mobile application and Vendor web application, to which these
Terms of Use apply. Product components include but are not limited
to the source code, interface and graphical design for these web
and mobile applications as well as anydesigns, audio, video, text,
photographs, and graphics, and the trademarks, service marks, and
logos contained therein (the "Marks"). The Product and the Marks
are SIRC’s proprietary property. Except as expressly provided in
these Terms of Use, no part of the Platform may be copied,
reproduced, reverse engineered, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
purpose whatsoever, without our express prior written permission
of the relevant party.
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Provided that you are eligible to use the Platform, you are
granted a limited license to access and use the Platform. We
reserve all rights not expressly granted to you in and to the
Platform.
USER GENERATED CONTRIBUTIONS
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The Platform may invite you to contribute to, or participate in
functionalities that provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us, SIRC or on the Platform,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). All
such Contributions will be invited exclusively in the course of
your professional activities with, for or on behalf of SIRC.
Contributions may be viewable by other users of the Platform. All
Contributions will become and remain the property of SIRC.
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When you create or make available any Contributions, you thereby
represent and warrant that:
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
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Your Contributions do not advocate the violent overthrow of
any government or incite, encourage, or threaten physical harm
against another.
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Your Contributions do not violate any applicable law,
regulation, or rule.
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Your Contributions do not violate the privacy or publicity
rights of any third party.
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Any use of the Platform in violation of the foregoing violates
these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Platform.
PLATFORM MANAGEMENT
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We reserve the right, but not the obligation, to:
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monitor the Platform for violations of these Terms of Use.
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take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement
authorities.
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in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to
the extent technologically feasible) any of your Contributions
or any portion thereof.
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in our sole discretion and without limitation, notice, or
liability, to remove from the Platform or otherwise disable
all files and content that are excessive in size or are in any
way burdensome to our systems.
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otherwise manage the Platform in a manner designed to protect
the rights and property of BA and SIRC and to facilitate the
proper functioning of the Platform.
PRIVACY POLICY
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We care about data privacy and security. Please review our Privacy
Policy. By using the Platform, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use.
TERM AND TERMINATION
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These Terms of Use shall remain in full force and effect while you
use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, BA AND SIRC RESERVE THE RIGHT TO, IN EITHER OF OUR
SOLE DISCRETIONS AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
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If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if 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 without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
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We reserve the right to change, modify, or remove the contents of
the Platform at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Platform. We also reserve the right to modify
or discontinue all or part of the Platform without notice at any
time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Platform.
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We cannot guarantee the Platform will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Platform, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Platform at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the
Platform during any downtime or discontinuance of the Platform.
Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Platform or to supply any corrections,
updates, or releases in connection therewith.
GOVERNING LAW
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These Terms of Use and your use of the Platform are governed by
and construed in accordance with the laws of the Abu Dhabi Global
Markets (ADGM).
DISCLAIMER
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THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE PLATFORM SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THIS PLATFORM AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
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ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
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PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM
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ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN
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ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
PLATFORM
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ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY,
AND/OR
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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 VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE PLATFORM
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.