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1
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Agreement, Who we are and how to contact us
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1.1
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You
agree to these terms and conditions (TERMS) by accessing any website or
application (DIGITAL PLATFORM) operated by or on behalf of Abu Dhabi National
Oil Company or its companies, subsidiaries and/or affiliates (collectively
ADNOC). If you do not agree with the TERMS, you must not use the DIGITAL
PLATFORM. ADNOC is a company established under the laws of Abu Dhabi, United
Arab Emirates and our registered office is at PO Box 898, Abu Dhabi, United
Arab Emirates.
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1.2
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To
contact us, please use the CONTACT US section on our website.
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1.3
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These
TERMS are to be read in conjunction with ADNOC'S PRIVACY POLICY.
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2
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United Arab Emirates
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2.1
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The
DIGITAL PLATFORM is directed to people residing in the United Arab Emirates
(UAE). We do not represent that content available on or through the DIGITAL
PLATFORM is appropriate for use or available in other locations.
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3
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Copyright
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3.1
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The
copyright and any other intellectual property (IP) rights in the material
contained in the DIGITAL PLATFORM belong to ADNOC or third parties, all
rights reserved. Except solely for your own personal and non-commercial use
and provided you keep intact all and any copyright and proprietary notices,
no part of the DIGITAL PLATFORM may be copied, adapted, modified,
distributed, transmitted, displayed, performed, reproduced or published
without the prior written permission of ADNOC.
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4
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No Warranty
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4.1
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Where
the DIGITAL PLATFORM contains links to other sites and resources provided by
third parties, these links are provided for your information only. Such links
should not be interpreted as approval by us of those linked websites or
information you may obtain from them. ADNOC makes no representations about
the suitability of the information and services contained on the DIGITAL
PLATFORM for any purpose.
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4.2
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We
cannot accept any liability for any reliance placed by you on any statement
or representation in any DIGITAL PLATFORM whether made by us or a third
party.
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5
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User-generated Content
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5.1
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The
DIGITAL PLATFORM may include information and materials uploaded by other
users of the DIGITAL PLATFORM, including to bulletin boards and chat rooms
etc. This information and these materials have not been verified or approved
by us. The views expressed by other users on or via our DIGITAL PLATFORM do
not represent our views or values.
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5.2
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If
you wish to complain about information and materials uploaded by other users
please contact us via the CONTACT US section on our website.
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6
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Our responsibility for loss or damage
suffered by you
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6.1
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ADNOC
shall use reasonable care and skill in carrying out the services contained in
the DIGITAL PLATFORM. The DIGITAL PLATFORM is provided for general
information purposes only. Some information contained in the DIGITAL PLATFORM
contains projections, predictions or look-forward statements relating to our
future performance or the occurrence of future events. Please be aware that
these statements are only predictions and the actuality of these statements
may be materially different. As such you should place no reliance on these
statements and you release us from any liability arising from your reliance
on said statements or events.
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6.2
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Except
in relation to liability which cannot be limited under UAE law, ADNOC will
not be liable (whether for breach of contract, negligence or any other
liability arising under or in relation to your use of the DIGITAL PLATFORM)
for any actions by us or anyone who works for us. The liability of ADNOC for
any loss arising out of the use of the DIGITAL PLATFORM shall be limited to
AED 100 for any one event or series of related events.
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6.3
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Save
as aforesaid and to the extent permitted by UAE law, ADNOC shall not be
liable for (whether direct or indirect) any loss of profit, loss of
opportunity, loss of business, indirect, incidental, special, or
consequential loss arising out of or in any way connected with the use of any
information and services on the DIGITAL PLATFORM or otherwise arising out of
the use of the DIGITAL PLATFORM and all warranties, terms and conditions with
regard to such information and services, whether express or implied arising
under law or otherwise are hereby excluded. ADNOC cannot be responsible for
the security or privacy of the DIGITAL PLATFORM and any information provided
to the DIGITAL PLATFORM by you.
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6.4
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You
must bear the risk associated with the use of the DIGITAL PLATFORM. ADNOC
will not be responsible for any errors or omissions or for the results
obtained from the use of such information or for any technical problems you
may experience with the DIGITAL PLATFORM.
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6.5
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You
agree to indemnify and hold harmless and defend ADNOC as well as its
officers, directors and employees from any claim, demand, cause of action,
debt, loss, liability and lawyers' fees to the extent such action relates to
the TERMS.
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7
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Uploading content to the digital platform
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7.1
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Any
content you upload to the DIGITAL PLATFORM will be considered non-confidential
and non-proprietary. You grant us all of your ownership rights in your
content, including (but not limited to) the right to use, store and copy that
content, to publish it in a form we deem fit and to publish any personal
details provided in conjunction with the content and to distribute and make
it available to third parties at our discretion.
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7.2
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We
also have the right to disclose your identity to any third party who is
claiming that any content posted or uploaded by you constitutes a violation
of their IP rights, or of their right to privacy or is in violation of the
laws of the UAE.
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7.3
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We
have the right to remove any contribution you make at our discretion. You are
solely responsible for securing and backing up your content.
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8
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General prohibition under UAE law
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8.1
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Misuse
of the DIGITAL PLATFORM will be treated seriously and dealt with in
accordance with UAE law. In particular, viewing, accessing, transmitting,
posting, downloading or uploading any of the following materials, is likely to
amount to a crime (this list is not exhaustive):
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8.1.1
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Material
which is discriminatory and/or offensive;
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8.1.2
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Obscene,
derogatory or criminal material or material which is liable to cause
embarrassment to ADNOC and any of its staff or its customers or suppliers or
bring the reputation of ADNOC and any of its staff or its customers or
suppliers into disrepute;
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8.1.3
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Any
defamatory material about any person or organisation or material which
includes statements which are untrue or of a deceptive nature;
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8.1.4
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Any
material which, by intent or otherwise, harasses, harms, degrades,
dishonours, discredits or intimidates the recipient on the basis of (without
limitation) religion, gender, race, ethnicity, age, or disability;
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8.1.5
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Any
other statement which is designed to cause annoyance, inconvenience or
anxiety to anyone;
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8.1.6
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Any
material which violates the privacy of others or unfairly criticises or
misrepresents others;
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8.1.7
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Confidential
information about ADNOC and any of its staff, customers or suppliers;
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8.1.8
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Any
other statement which is likely to create any liability (whether criminal or
civil);
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8.1.9
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Material
in breach of copyright and/or other IP rights or if it violates the privacy
of others or criticises or misrepresents others;
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8.1.10
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Online
gambling or games of chance; or
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8.1.11
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Unsolicited
commercial or advertising material, chain letters or other junk materials of
any kind.
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8.2
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You
must not:
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8.2.1
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Seek
to gain access to restricted areas of any network;
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8.2.2
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Attempt
to compromise the integrity of the DIGITAL PLATFORM content or information
without proper authorization;
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8.2.3
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Perform
actions that may deny others access to our DIGITAL PLATFORM, or may otherwise
negatively affect DIGITAL PLATFORM’s availability;
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8.2.4
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Access
or try to access data which you know or ought to know is confidential;
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8.2.5
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Intentionally
or recklessly introduce any form of spyware, computer virus or other
potentially malicious software; nor
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8.2.6
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Carry
out any electronic hacking activities.
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8.3
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For
your information, breach of items 8.1 to 8.2 (inclusive) above, would not
only contravene the TERMS but could in some circumstances also amount to a
criminal offence under the laws of the UAE. If ADNOC has evidence of examples
of misuse of the DIGITAL PLAFORM it reserves the right to inform and
cooperate with the relevant law enforcement authorities, or to carry out a
more detailed investigation in accordance with its procedures.
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9
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Other Requirements
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9.1
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The
ways in which you can use the DIGITAL PLATFORM may also be controlled by
third party rules and policies (e.g. Apple Inc. or Alphabet Corporation). Use
of the DIGITAL PLATFORM may require a device with a sufficient amount of
memory and a compatible operating system. Material which is discriminatory
and/or offensive;
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9.2
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You
may not:
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9.2.1
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Download
or stream a copy of the ADNOC application for personal or business purposes
only; and
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9.2.2
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Receive
and use any free supplementary software code or update of the application incorporating
"patches" and corrections of errors as we may provide to you.
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9.3
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You
must be aged 18 or over to use the DIGITAL PLATFORM. By using the DIGITAL
PLATFORM, you confirm that you are over the age of 18.
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9.4
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From
time to time we may automatically update the DIGITAL PLATFORM to improve
performance, enhance functionality, reflect changes to the operating system
or address security issues. If you choose not to install such updates or if
you opt out of automatic updates you may not be able to continue using the
DIGITAL PLATFORM.
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9.5
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If
you use the DIGITAL PLATFROM on any device or computer not owned by you, you
must have the owner's permission to do so. You will be responsible for
complying with the TERMS, whether or not you own the device or computer.
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9.6
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By
using the DIGITAL PLATFORM, you agree to us collecting and using technical
information about the devices you use the DIGITAL PLATFORM on and related
software, hardware and peripherals to improve our products and to provide any
services to you.
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9.7
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Certain
services will make use of location data sent from your devices. If you use
these services, you consent to us transmitting, collecting, retaining,
maintaining, processing and using your location data and queries to provide
and improve location-based and road traffic-based products and services. You
may stop us collecting such data at any time by turning off the location
services settings on your device.
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9.8
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We
may collect and use any personal data we collect from you whether given to us
by you or collected from you, in any manner which we deem fit in accordance
with the law. By agreeing to these terms and conditions you consent to the
collection, use and storage of your personal information, please refer to
ADNOC's PRIVACY POLICY for further details.
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10
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We may end your rights to use the digital
platform if you break these terms
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10.1
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We
may end your rights to use the DIGITAL PLATFORM at any time in our
discretion.
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10.2
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If
we end your rights to use the DIGITAL PLATFORM:
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10.2.1
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You
must stop all activities authorised by these terms, including your use of the
DIGITAL PLATFORM. You must delete or remove the DIGITAL PLATFORM from all
devices in your possession and immediately destroy all copies of the App
which you have and confirm to us that you have done this; and
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10.2.2
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We
may implement measures to restrict or limit your ability to access or use the
DIGITAL PLATFORM or any of its components.
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11
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General
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11.1
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We
may transfer our rights and obligations under the TERMS to another
organisation.
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11.2
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You
may not transfer your rights or your obligations under the TERMS to another
person if we agree in writing.
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11.3
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This
agreement does not give rise to any rights to any third parties.
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11.4
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Each
of the paragraphs of the TERMS operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs
will remain in full force and effect.
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11.5
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Even
if we delay in enforcing this contract, we can still enforce it later. If we
do not insist immediately that you do anything you are required to do under
the TERMS, or if we delay in taking steps against you in respect of your
breaking this contract, that will not mean that you do not have to do those
things and it will not prevent us taking steps against you at a later date.
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12
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Rules about linking to our digital platform
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12.1
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You
may link to our home page, provided you do so in a way that is fair and legal
and does not damage or take advantage of our reputation or have a detrimental
effect on the performance or functioning of the DIGITAL PLATFORM.
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12.2
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You
must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists.
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12.3
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Our
website must not be framed on any other site, nor may you create a link to
any part of our website other than the home page.
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12.4
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We
reserve the right to withdraw linking permission without notice.
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12.5
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If
you wish to link to or make any use of content on our website other than that
set out above, please contact us via the CONTACT US section on our website.
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13
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Which country’s laws apply to any disputes?
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If you are a consumer or a business, please note that
the TERMS, their subject matter and their formation, are governed by the laws
of Abu Dhabi and the federal laws of the UAE. Courts of Abu Dhabi will have
exclusive jurisdiction.
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