MindYourFootPrint (the "Site") is a carbon footprint information and solution provider that aims to help protect and restore planet earth.
"Advertisement" means the notice to be published, or made known on the Site.
"Buyer" means the person placing the order to insert the Advertisement, whether such person is the Advertiser (Sponsor) of the product or service, the Advertiser (Sponsor)'s advertising agent or media buyer (the "Advertiser (Sponsor)).
Access to and use of the Site is subject to the following Terms of Use (the "Terms of Use"):
1. By using the Site you agree to be legally bound by these Terms of Use, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by these Terms of Use, you must not access or use the Site.
2. MindYourFootPrint may modify these Terms of Use at any time by the posting changes online. Please review these Terms of Use regularly to ensure you are aware of all changes made thereto. Your continued use of the Site after changes are posted means that you agree to be legally bound by these Terms of Use as updated or amended.
Use of the Site
3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Site content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from the Site content except for your own personal, non-commercial use. Any other use of the Site content requires the prior written permission of MindYourFootPrint. If MindYourFootPrint has granted a specific license to you, you may copy or reproduce Site content if such copying or reproduction is incidental or necessitated by your legitimate business needs, strictly subject to the requirement that all Site content is properly accredited to MindYourFootPrint.
4. You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of any other user or restrict or inhibit any other user's use and enjoyment of the Site. Prohibited behavior includes but is not limited to harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
5. In accessing the Site, you agree not to:
5.1. impersonate another person or use a false name or a name you are unauthorized to use to create a false identity or e-mail address or try to mislead others as to the identity or origins of any communications;
5.2. damage, interfere with or disrupt access to the Site or to anything which may interrupt or impair its functionality;
5.3. threaten, harass, stop, abuse, disrupt or otherwise violate the rights (including rights of privacy) of others;
5.4. make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software; or
5.5. post, upload, publish, reproduce, transmit or otherwise distribute or make available information or other material on the Site:
(i) that constitutes or encourages conduct that would give rise to a criminal offence or civil liability;
(ii) which is protected by copyright or other intellectual property right or derivative works thereof, without obtaining prior written permission of the intellectual property right holder; or
(iii) otherwise use the Site in a manner which is contrary to law or which may, in the opinion of MindYourFootPrint, adversely impact use of the Site or the internet.
MindYourFootPrint retains the absolute right to prevent you from accessing the Site, without prejudice to any of MindYourFootPrint's accrued rights, where it, in its absolute discretion, considers that you are contravening these Terms of Use and/or any other access policy relating to the Site that may be maintained by MindYourFootPrint.
6. MindYourFootPrint's Privacy Policy is a binding part of these Terms of Use.
Disclaimers and Limitation of Liability
7. The Site content, including the information, names, images, pictures, logos and icons regarding or relating to MindYourFootPrint, its products and/or services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations. MindYourFootPrint does not warrant that the functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software.
MindYourFootPrint assumes no responsibility to you or any third party for any errors or omissions of any kind in the Site content or deriving therefrom and disclaims all warranties and to any other matter relating to the Site and the Site content, including but not limited to, any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, non-infringement, compatibility, security and accuracy.
8. Under no circumstances will MindYourFootPrint be liable for any damages and/or losses and/or other claims (whether the same were foreseen, foreseeable, known or otherwise) arising out of or in connection with the use or performance of the Site
or the content available or referred to on the Site or on any other site that you may access through the Site, even if advised of the possibility of such damages, including without limitation:
8.1. loss of data;
8.2. loss of revenue or anticipated profits;
8.3. loss of business;
8.4. loss of opportunity;
8.5. loss of goodwill or injury to reputation/defamation;
8.6. losses suffered by third parties; or
8.7. any indirect, consequential, special, incidental or exemplary damages.
9. All material contained on the Site is published in good faith. MindYourFootPrint does not in any circumstance accept responsibility for the accuracy or otherwise of any Advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). MindYourFootPrint specifically disclaims all and any liability to the Buyer, Advertiser (Sponsor), readers and users of any kind for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of MindYourFootPrint or its employees or agents or any other person. Under no circumstances shall MindYourFootPrint be liable to the Buyer or the Advertiser (Sponsor) or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not MindYourFootPrint was advised of the possibility of such losses. In all other respects, MindYourFootPrint's liability shall be limited to the relevant fee paid by the Buyer.
10. MindYourFootPrint reserves the right to modify or suspend the Site at any time and for so long as MindYourFootPrint (at its sole discretion) may wish, as well as change or remove any Site content from the Site, in whole or in part, at its sole discretion, at any time without notice and without any liability whatsoever.
11. Links available on the Site will allow you to link to websites not maintained or controlled by MindYourFootPrint. MindYourFootPrint provides these links for your convenience and is not responsible for the contents of any linked websites. MindYourFootPrint cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links and makes no representation or endorsement whatsoever about any other website which you may access through the Site. It is your responsibility to ensure that any website you choose to use is free of potentially destructive items such as viruses.
Indemnity
12. You agree to defend, indemnify and hold harmless MindYourFootPrint from any and all liability, costs, claims, proceedings, demands, losses, damages, expenses, including without limitation, all attorneys' fees, which may be related to any violation of these Terms of Use by you or users of your account or in connection with the use of the Site or placement or transmission of any information or other materials on the Site by you or users of your account.
Intellectual Property
13. The names, images and logos identifying MindYourFootPrint or third parties and their products and services are subject to copyright, design rights and trademarks of MindYourFootPrint and/or third parties. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any trademark, patent, design right or copyright of MindYourFootPrint or any third party.
Contributions to the Site
14. Where you are invited to submit a contribution to the Site (including any text, photographs or graphics) you agree, by submitting your contribution, to grant MindYourFootPrint, to the extent possible, a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and other applicable rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant to MindYourFootPrint the rights set out above, you should not submit your contribution to the Site.
15. By submitting your contribution to the Site, you:
15.1. warrant that your contribution:
(i) is your own original work and that you have the right to make it available to MindYourFootPrint for all the purposes specified above;
(ii) is not defamatory;
(iii) will not cause incidental or consequential harm; and
(iv) does not infringe any law or regulation;
15.2. indemnify MindYourFootPrint against all legal fees, damages and other expenses that may be incurred by MindYourFootPrint as a result of your breach of the above warranty or otherwise; and
15.3. waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
The Buyer's general obligations:
16. The Buyer contracts with MindYourFootPrint as principal. Where the Buyer and the Advertiser (Sponsor) are different persons, the Buyer warrants that it is properly authorised to place the Advertisement on behalf of the Advertiser (Sponsor).
17. The Buyer warrants that in relation to an Advertisement as submitted or subsequently amended:
17.1. the reproduction and/or publication of such Advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other intellectual, personal or proprietary right of any person or render MindYourFootPrint liable to any proceedings whatsoever;
17.2. all advertising copies submitted to MindYourFootPrint are legal, decent, honest and truthful and comply with the laws of the UAE; and
17.3. in relation to any financial promotion the Advertiser (Sponsor) is, or the contents of the Advertisement have been, approved by the authorized Government Department as per the laws of the UAE.
18. To the extent possible, the copyright in all artwork, copies and other materials which MindYourFootPrint or its employees have originated or reworked shall vest in MindYourFootPrint. The Buyer grants MindYourFootPrint a license to reproduce on the Site all material not so vesting unless specifically agreed otherwise.
19. The Buyer agrees to check the correctness of the Advertisement. Any complaint, whether about the Advertisement (and of each individual Advertisement if part of a series) or the details contained in the invoice or email confirmation of booking (as the case may be), must be raised with MindYourFootPrint within 7 days of publication or receipt of invoice or email confirmation of booking (whichever is the earlier) and will not affect the liability for payment at the due time.
20. The Buyer will indemnify MindYourFootPrint and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by MindYourFootPrint arising directly or reasonably foreseeably as a result of any breach or non-performance by the Buyer of any of the representations, warranties or other Terms of Use contained herein or implied by law.
MindYourFootPrint's rights and obligations:
21. MindYourFootPrint will use reasonable efforts to reproduce and prepare colour and mono Advertisements as requested but cannot guarantee its quality. In any event, MindYourFootPrint shall have no liability where the Buyer has supplied material not in accordance with MindYourFootPrint's specifications as set out in the rate card or as available on request.
22. MindYourFootPrint may decline to publish, or omit, suspend, edit, change the position/location or require amendment of all or any part of an Advertisement accepted for inclusion on the Site. MindYourFootPrint is not obliged to publish, and shall not be held liable for any omission to do so, any Advertisement on a particular day or in a particular position and/or location.
23. MindYourFootPrint will not be liable for any loss of copies, artwork, photographs or other materials. The Buyer warrants that it has retained the originals and copies of the Advertisements.
General provisions
24. Cancellations shall only be entertained if requested in writing a minimum of seven (7) working days in advance.
25. Without prejudice to MindYourFootPrint's right to be paid, in the event of any error in the publishing of the Advertisement caused by the act or omission of MindYourFootPrint, MindYourFootPrint at its sole discretion may adjust the web surcharge cost accordingly. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the Advertisement.
26. There is no obligation on MindYourFootPrint to supply voucher copies, tearsheets or other alternatives, illustrating publication, and their omission shall not affect the Buyer's liability for payment.
27. To ensure the highest levels of customer service, telephone calls made to and from MindYourFootPrint may be recorded.
28. From time to time, MindYourFootPrint may contact a Buyer with details of products and services which may be of interest.
29. The placing of an order for an Advertisement amounts to an acceptance of these Terms of Use (including any additional Terms of Use set out in the rate card) to the exclusion of all other Terms of Use. These Terms of Use and all documents referenced herein constitute the entire agreement between the parties.
30. If there is any conflict between these Terms of Use and the Terms of Use appearing elsewhere on the Site, these Terms of Use shall prevail.
31. No modification shall be binding unless made in writing by MindYourFootPrint.
32. No waiver by MindYourFootPrint shall be effective except in relation to the matter in respect of which it was specifically given.
33. MindYourFootPrint's failure to insist upon or enforce strict performance of any provision contained herein shall not be construed as a waiver of any provision contained, or right granted, herein.
34. If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by a court of competent jurisdiction within any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that Term of Use, or part thereof, is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of any other provisions contained herein.
35. These terms shall be governed by and interpreted in accordance with the laws of the United Arab Emirates applicable in the Emirate of Dubai.
Changes to the Terms of Use
36. We reserve the right to change any of these Terms of Use (whether contained in these Terms of Use and/or in the Privacy Policy) at any time without notice. You acknowledge that by browsing the Site that you specifically, knowingly and expressly agree to these Terms of Use in their most current form.
Thank you for visiting and using the Site. We welcome your feedback and suggestions on all Site services. Please email us to feedback@MindYourFootPrint