Terms And Conditions

These are the general terms and conditions govern your access and use of this Mobile Application (the “App”) so please read these carefully.

This policy should be read together with our Privacy Policy.

ACCEPTANCE OF THE USER TERMS

This App is owned, operated and maintained by CAPRI L.L.C (“Company”, “we” or “us”). The following terms and conditions, govern your access to and use of the Jebel Ali Racecourse Mobile Application (the “JARC Mobile App”), including any content, functionality and services offered on or through the App whether as a guest or a registered user.

By using or accessing our App you agree that (i) you are at least 18 years of age and the minimum age of digital consent in your country; (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms; (iii) if you are below the minimum age of digital consent in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms; and (iv) that you have read, understood, and accept to be bound by the User Terms.

By using the App, you accept and agree to be bound and abide by these User Terms, our Privacy Policy, incorporated herein by reference. If you do not want to agree to these User Terms or the the Privacy Policy you must not access or use the App.

USER TERMS AMENDMENTS

You agree that we may amend and update these User Terms from time to time, and in our sole discretion. Although we will use our best endeavors to notify you of any amendment to these User Terms, we will not be required to provide you with prior notification of such amendments or changes to these User Terms. Upon any amendment or change to these User Terms, we will publish the amended User Terms on the dedicated link available at our App. Your continued use of the App after the publication date of a revised version of these User Terms constitutes your acceptance of its terms. You agree and undertake to review our User Terms each time you visit our App and/or prior to your use of any services. If you do not agree to our User Terms, as updated from time to time, you undertake to cease using our App and/or services immediately.

APP AMENDMENTS

We reserve the right to withdraw or amend the App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to any user, including registered users.

You are responsible for arranging access to this App and ensuring that all persons who access the App through your internet connection are aware of these User Terms and comply with them.

You agree that all information you provide to register with this App or otherwise, including but not limited to through the use of any interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

CONFIDENTIALITY AND SECURITY

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat any such information as confidential, and you must not disclose it

to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You may only have one account with this App. If you received more than one username, password or activation code, please notify us immediately. Your use of more than one account will represent a breach of these User Terms.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these User Terms.

INTELLECTUAL PROPERTY RIGHTS

The App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United Arab Emirates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These User Terms permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App.

TRADEMARKS

The Company’s names, brand names, the Company’s logos and all related names, logos, product and service names, designs and slogans are trademarks owned by the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners.

PROHIBITED USES

You agree not to (and not to attempt to): (i) use the App for any use or purpose other than as expressly permitted by these User Terms; (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the services provided in the App, except as expressly permitted in these User Terms; (iii) use data mining, robots, spiders, or similar data gathering and extraction tools; (iv) use the App in any way that violates any applicable federal, local or international law or regulation. No licenses or rights are granted to you by implication or otherwise in respect of any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these User Terms.

RELIANCE ON INFORMATION POSTED

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

We reserve the absolute right, without any liability whatsoever, to amend vary or extend at any time the completion date of its projects inter alia the estimated/scheduled completion date(s) mentioned on or through the App.

UPDATE OF THE APP

We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material and accept no liability accordingly.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE APP

All information we collect on this App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

Additional terms and conditions may also apply to specific portions, services or features of the App. All such additional terms and conditions are hereby incorporated by this reference into these User Terms.

LINKS FROM THE APP

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Apps linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.

GEOGRAPHIC RESTRICTIONS

The owner of the App is based in the United Arab Emirates. We make no claims that the App or any of its content is accessible or appropriate outside of the United Arab Emirates. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United Arab Emirates, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or any services or items obtained through the App or to your downloading of any material posted on it, or on any App linked to it.

Your use of the App, its content and any services or items obtained through the App is at your own risk. The App, its content and any services or items obtained through the App are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the App. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the App, its content or any services or items obtained through the App will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of

viruses or other harmful components or that the App or any services will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of non-infringement.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

LIMITATION ON LIABILITY

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the App, any Apps linked to it, any content on the App or such other Apps or any services or items obtained through the App or such other Apps, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Notwithstanding the foregoing, in the event the Company is found to be liable for losses, the Company shall not be liable to you for more than the amount you have paid to us in accordance with these User Terms in the three (3) months immediately preceding the date on which you first assert a claim.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees, where permitted) arising out of or relating to your violation of these User Terms or your use of the App and, any use of the App’s content, services and products other than as expressly authorized in these User Terms or your use of any information obtained from the App.

LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these User Terms or the App must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

WAIVER AND SEVERABILITY

The failure of the Company to exercise or enforce any right or provision of these Terms of Usr shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any provision of these User Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Terms will continue in full force and effect.

ENTIRE AGREEMENT

The User Terms, our Privacy Policy, constitute the sole and entire agreement between you and the Company with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

GOVERNING LAW AND JURISDICTION

All matters relating to the App and these User Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai, United Arab Emirates without giving effect to any choice or conflict of law provision or rule (whether of the United Arab Emirates or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these User Terms or the App shall be instituted exclusively in the courts of Dubai, United Arab Emirates although we retain the right to bring any suit, action or proceeding against you for breach of these User Terms in your place or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

YOUR COMMENTS AND CONCERNS

This App is operated and owned by the Company.

In respect of requests for technical support and other communications relating to the App, you can contact us by using our App contact form, or by emailing us at support@jarc.ae

For feedback or suggestions, please contact us at info@jarc.ae

You understand and accept that by using this App in updating, changing or altering your personal information, address(es) or contact details, you are accepting that the Company or any of its affiliates may, at their discretion, use such information as an alternative information to send legal notices under these User Terms. It is your obligation to immediately inform the Company of any changes to such information.