Terms of Use

Guidelines and Agreements for Using On My Way's Services

General

These terms set out the terms of use on which you may make use of our mobile application (our "Application") or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Application or our Service. By accessing our Application or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not access our Application or use our Service.

1. Information about US

The mobile application is operated in the United Arab Emirates by Caterpillar Club Trading, a free zone company incorporated in the United Arab Emirates under license n°50111 (“we” “us” or, “OMW”).

2. Accessing Our Service or Our Services

Access to our Application and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Application or our Service without notice (see below). We will not be liable if, for any reason, our Application or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Application or our Service, or our entire Application or Service to users who have registered with us. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact admin@omwnow.com to let us know. We can deactivate your account at any time.

3. Acceptable Use

You may use our Service only for lawful purposes. You may not use our Application or our Service in any way that breaches any applicable local, national or international law or regulation, or our terms of service or these terms or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Application or our Service or any network or creative assets or equipment used in the provision of our Service.

4. Interactive Features of Our Application

We may from time to time provide certain features which allow you to interact through our Application or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6.

5. Content Standards

These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the United Arab Emirates. Contributions must not:

● contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

● infringe any copyright, database right or trademark of any other person;

● be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;

● be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

● be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

● advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

6. Suspension and Termination

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

● immediate, temporary or permanent withdrawal of your right to use our Service;

● immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;

● issuing of a warning to you;

● legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

● disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

7. Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Application and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Application in any way except for your own personal, non-commercial use (including any post on social media).

OMW grants you permission (which may be revoked at any time for any reason or no reason) to view the Platform and to download, email, share via social networking or print individual pages from the Platform in accordance with these Terms and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.

You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Platform, except as specifically noted above. Except as specifically authorized by OMW, you may not deep-link to the Platform for any purpose or access the Platform manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Platform or any information, content, or material on the Platform. OMW reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Platform or any content contained therein, whether in whole or in part, without prior written consent from OMW.

8. Reliance on Information Posted

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

9. Our Application and Our Service Change Regularly

We aim to update our Application and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Application and our Service, or close them indefinitely. Any of the material on our Application or our Service may be out of date at any given time, and we are under no obligation to update such material.

10. Our Liability

We have taken every care in the preparation of our Application and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Application or our Service. If we are informed of any inaccuracies on our Application or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Application, our Service, and any website linked to our Application and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11. Information about You and Your Visits To Our Application and Use of Our Service

We collect and process your personal data in accordance with our Privacy Policy.

12. Uploading Material to Our Application and Our Service

Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

13. Links From Our Application

Where our Application contains links to other sites and resources provided by third parties, these links are provided for your information only. 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.

14. Jurisdiction and Applicable Law

The courts in the Dubai International Financial Centre, Dubai, United Arab Emirates (the "DIFC") will have jurisdiction over any claim arising from, or related to, a visit to our Application or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the DIFC.

15. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

16. Your Concerns

If you have any concerns about material which appears on our Service, please contact

customer@omwnow.com

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