Welcome to BEST OF BEST AWARDS, our company Golden Tree Events Organizing & Managing registered office is based in Al Arabia 4U Business Centre,. These Terms of Service regulate the use and access of https://internationaltravelawards.org or, https://internationalspaawards.com or,
https://awardsportal.org or, https://internationaldiningawards.com or, https://worldlifestyleawards.com or, https://arabianawards.com or, https://itechnologyawards.com or, https://europeawards.nets or, https://internationalgmawards.com, or any other Awards program, media form, media channel, mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the "Platform"). For the sake of convenience, the term "Services" shall be included in the term "Platform" wherever used throughout this document unless specified otherwise.
THESE T&CS CONTAIN A COMPULSORY ARBITRATION PROVISION THAT AIMS TO RESOLVE ANY DISPUTES THAT MIGHT ARISE BETWEEN YOU AND US AS A RESULT OF USING OUR PLATFORM. YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
By clicking "Accept" when prompted or nominating your company in the award program or signing up as a jury member, making an Account, or using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, and the class action waiver, you must stop using the Platform.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Golden Tree Events Organizing & Managing (hereinafter referred to as "Golden Tree", "we", "us", or "our") and you, who may include without limits, Company (all type) (hereinafter referred to as ("you", "your", "user") (each a "Party" to the contract and collectively, the "Parties").
"Awards" refers to any of our award programs organized by Golden Tree Events Organizing & Managing (International Travel Awards or International Spa Awards or International Dining Awards International GM Awards or Arabian Best of Best Awards or Europe Best of Best Awards or World Lifestyle Awards or International technology awards or Any other award program).
"Nominee" means the business(s) or personnel nominated as participants in our Awards.
"Nominations" includes the complimentary or premium nominations as specified in these Terms and our Platform.
"Winner" means the company or individual who is selected as a winner for the Winner title by us and who is eligible to order a winner package.
"Winner Package" means the paid package which contains the rights of the Winner as described in more detail herein, to which you become entitled to purchase when you participate and become a Winner in an Awards program. The Winner package contains the right to use the Winner certificate, Winner badge and trophy.
BESIDES THE DEFINITIONS CONTAINED IN THIS SECTION, THESE TERMS AND CONDITIONS CONTAIN DEFINITIONS THROUGHOUT THE DOCUMENT
3). THE SERVICE
The Platform allows users to nominate their business and personnel for our Awards program. Users may also sign up with us to become jury members in line with our Jury Terms and Conditions and other additional terms and conditions applicable and published by us from time to time. The voting process for Winner selection is done in accordance with our Voting Terms and Conditions. Post the voting process, the winner is obliged to order a Winner Package in accordance with our Winner Package Terms and Conditions using the Winner Package Order Form.
4.1 To use our Platform, you must:
4.1.1 Be at least of age the age of majority and not disqualified from entering into contracts under any law;
4.1.2 complete the registration process;
4.1.3 agree to our Terms; and
4.1.4 provide true, complete, and up-to-date legal and contact information
4.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
4.1.6 By using Platform, you represent and warrant that you will use Platform only for non-commercial purposes.
4.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you will not use Platform in a way that violates any laws or regulations. Golden Tree may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
4.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
5). PERSONAL DATA
The Term begins as soon as you access the Platform and continues as long as you use the Service. By clicking the "login" button and entering your username, credentials and signing into your Account means that you’ve officially "signed" these Terms.
7). ACCOUNT REGISTRATION
7.1 To access the Platform, you need to register for a user account on the Platform ("Account"). For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
7.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
7.3 You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act which promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
7.4 You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform.
7.5 You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
8 NOMINATIONS AND FEES
8.1 Complimentary Nominations:
8.1.1 Complimentary nominations can be made free of cost ("FOC Nominations" or, "Complimentary Nominations").
8.1.2 FOC Nominations shall not be applicable to Attractions, Yachts, Airlines, Cruise Companies, Theme Parks, Tourism Boards, Restaurant Suppliers, Beauty Products, or Salon/Beauty Suppliers. We reserve the rights to change FOC nominations at any time without prior notice.
8.2 The user shall not be entitled to announce their Winner status without acquiring the rights to use our Intellectual Property by purchasing our Winner Package.
8.3 In the event you have opted for our free plan(s) and are declared a winner by Golden Tree, you are obliged to order any winner package offerings available on our Platform or as may be conveyed to you otherwise. In the event that you do not buy any winner package within 10 days from the Internal winner announcement then We reserve the right to cancel the winning title & assign the title to the next standing nominee. In such cases, You are liable to pay USD 499 towards the service charge of the nomination process ( such as Nomination Account Creation & Maintenance, Voting badge & banner Design, Exclusive voting page design & hosting on our website, Jury & Management evaluation process, Votes analysis and processing) within 10days. This service fee does not include RIGHTS to use Award logo, award name, winning title, listing on award website, nominee badge & etc.
8.3 Premium Nomination Plan:
8.3.1 "Premium Nominations" or "Paid Nominations can be purchased by users who need to make more than one Nominations, or Nominations in additional categories, or require benefits more than the ones specified in the FOC Nominations.
8.3.2 Purchasing Premium Nominations do not guarantee that the user will be declared a Winner. The Paid Nominations packages solely offer more benefits as compared to the FOC Nominations.
8.3.3 Any discounts on winner package or gala ceremony tickets shall not be exchangeable, encashable, and refundable under any and all circumstances.
8.3.4 If you purchase Paid Nominations, Golden Tree may assist you to garner more votes by highlighting on the Platform and through our own internal marketing activities on our Platform, as may be applicable.
8.3.5 All amounts paid are non-refundable. Please refer to our Refund Policy for more details.
9 PARTICIPATION TERMS
9.1 All voting results shall be kept confidential and will not be shared with any participants or audience who vote or partners or anyone
9.2 You have no rights to claim whatsoever from us, the organizers, or partners towards promoting award program brands to your clients.
9.3 You do not possess the right to request any data with respect to the voting process, audience information and other connected information.
9.4 If there are any information changes on the side of the participating company or property, the same should be resolved by you or your authorized personnel. In the event that any information changes (e.g. Contacts, name changes, category changes) are not communicated to us, we will not be held responsible for any errors in this circumstance.
9.5 As part of the Award procedure, the usage of the Award logo, name and Award brand is restricted until the Winner announcement. Once the Winner is announced, You should purchase the Winner Package to gain the right to use our award logo, brand name and winner announcement. The Winner Package vests the rights to use the Award brand name, logo & promotional materials.
9.6 All the nominations are on a self-nomination basis or by the Golden Tree Awards team. You agree that the information provided to us is 100% accurate. We shall not be responsible in the event of any information discrepancy made by you due to no fault of ours.
9.7 Nominating more categories will increase the chances of winning the award, but only a maximum of 2 winning categories per user is permissible and no refund is applicable for the non-winning categories.
9.8 The Winner must purchase the Winner Package to use the winner certificate, winner badge and trophy and other specified ancillary rights ("Winner Rights"). The Winner can purchase the digital Winner Package without any physical materials and/or the Winner Package containing physical goods. The Winner shall not utilize the winner certificate or badges, or any marketing materials designed by themselves or others. Shipping charges are solely applicable on the Winner Package containing physical goods and not the digital Winner Package.
9.9 At the Gala event, a sample trophy/plaque shall be provided at the event for the photo shoot purpose. The actual trophy/plaque and/or any other materials you are entitled to in line with your Winner Package shall be shipped or delivered to the address you provide to Golden Tree. Please refer to the Winner Package Terms and Conditions for more information.
9.10 Golden Tree reserves the right to modify/cancel any award category at any point in time without prior notice. Our Awards team / jury members reserve the rights to change the winning category / title as per the award selection process without prior notice in the event that internal parameters set by Golden Tree are not satisfied in the sole discretion of Golden Tree.
9.11 The winner announcement email sent to all the Winners by us is for internal use only and the Winners may announce their status publicly in accordance with this section. Winners are strictly forbidden to announce their Winner status to their clients or the public before our scheduled public winner announcement date under any circumstances. The permissible announcement date shall be mentioned on our Winner Package proposal. Please contact us for the exact date of the Winner announcement. Violation of the terms of this section shall be construed as a material breach of obligations of the Winner/user and we reserve the right to cancel/withdraw the award of the Winner/user.
9.12 The Participant agrees that any and all marketing of Golden Tree done by them is done at your own discretion and you shall not have the right to claim, set off, or otherwise waive any amounts that may be due or become subsequently due to Golden Tree including without limits, any service fees, Premium Nominations, Winner Package Fees, and other amounts. If you do not agree with the terms of this Section, please do not use our services.
9.13 Participants do not have any rights to damages, claims, etc, with respect to the promotions or activities carried out as part of the award program from Golden Tree / Golden Tree’s partner/ organizer(s).
9.14 Participation in any of our Awards program does not guarantee any including without limits sales or bookings or revenue any return on your investments, profits, or other similar gains.
9.15 In the event that you are not declared as a Winner, you shall not have any rights to claim the details about other winners or participants. All decisions made by Golden Tree, jury members and the Awards team are final and non-appealable.
10 PARNTERSHIP OPPORTUNITY
10.1 You may have the opportunity to enter into a partnership agreement with Golden Tree for advertisements, sponsorship, and other similar reasons. You, including the Winners, participants, and other individuals and entities shall be required to sign a Partnership Agreement with the award program or organizer as per the Federal Laws of UAE to receive the rights to use the award logo, brand name and organizers’ details to represent or market or to promote or refer or invite any company or individual to any of our award programs. Any WhatsApp or Verbal communications are not considered as any form of rights delegation, and you do not have the right to act as a partner or agent or promoting agency or advertising company or similar without entering into the Service Contract or Agreement.
11 WINNER TERMS
11.1 Notwithstanding anything contained in the Terms, the Winner is chosen in accordance with our process in place and as per our management teams whose decision shall be sole and final without the right to appeal.
11.2 In the event that as a result of a Nomination, the user is announced a Winner, the Winner shall be required to order our Winner Package to possess the right to the limited utilization of our Intellectual Property which includes our Award Logo, Name and Winner announcement ONLY for their promotional activities by highlighting the recognition through the award program. Please refer to our Winner Package Terms and Conditions for more details.
11.3 Winners do not have any rights to use the intellectual property of Golden Tree which is not expressly permitted to be utilized in writing for any reason. The Winners do not have any rights to use other participants' intellectual property including without limits, their brand name, company name, etc.
11.4 The Winner announcement email sent to all the Winners is solely an intimation and is not a Winner Package or implied vesting of any rights.
11.5 Digital Winner Materials Validity: All materials provided to Winners of digital nature such as digital certificates, digital badges, etc. shall be valid for a limited period ("Digital Materials"). The Digital Materials is valid only for 3 year. If you wish to continue using the rights granted to you in the subsequent year, you are required to purchase a Digital Materials for the corresponding years to utilize our limited intellectual property rights you are entitled to use in accordance with our Terms. Golden Tree shall utilize the user information and details provided to it for continuing their Winner term in the subsequent year unless the Winner provides updated details within not more than 7 days from the expiration of their 3-year Winner Package term as mentioned herein.
11.6 Physical Winner Package Materials: All physical Winner Package materials such as trophies, medal, etc, may be utilized and showcased for as long as required in perpetuity in the discretion of the Winner ("Physical Winner Package Materials"). The restrictions and terms mentioned in section 11.5 are not applicable to the Physical Winner Package Materials in this Section.
11.7 Display of Winner on Platform: Golden Tree reserves the right to advertise and display the Winner’s names, brand, logos, and other intellectual property on the Platform in perpetuity. The Winner hereby through this reference permits Golden Tree to utilize their intellectual property in the manner specified herein.
11.8 To forego the cost of the Winner Package, Golden Tree solely reserves the rights to offer an option to issue vouchers to your hotels, resorts and other establishments amounting to equivalent to or more than the prevailing cost of the Winner Package. Such vouchers shall be usable by any person or entity without exception. Such vouchers if approved by Golden Tree will remove the Winner Package cost effective upon the date of receipt of such voucher by Golden Tree and written communication of the receipt of the same thereof. Golden Tree reserves the absolute right to sale of the vouchers issued to Golden Tree in accordance with this Section.
11.9 In the event that we find that the Winner or user violates our Terms, we retain the rights to claim the damages in accordance with our Terms and to the maximum extent permitted by applicable laws. In the event that and terminate the Winner’s title without prior notice of any kind and the Winner whose title of Winner is withdrawn by Golden Tree shall not be permitted to utilize the Digital Materials henceforth and all such Digital Materials shall be removed by such defaulting Winner.
11.10 The participant and the Winner’s rights are as specified herein, and no other rights are applicable unless such rights are by the operation of applicable laws.
11.11 Golden Tree lists the Winners on our Platform free of cost for not more than 7 days from the Winner announcement date and we reserve the right to retain /remove if Winners do not purchase the Winner Package post the above-mentioned 7 days free period.
11.12 In the event, you do not want us to list you, or your company on our Winner list on our Platform, you may send a "Request to remove listing" email to firstname.lastname@example.org and return all award-related materials immediately to initiate the removal process as may be mandated by us and requested via communications to you. We will process your removal request within 30 working/business days.
11.13 Golden Tree reserves the right to collect the fees for the Winner Package or any fee in any of the currencies and we shall not be responsible for bearing currency conversion or bank charges, transaction charges, shipping charges, applicable country custom duty charges, taxes, and other similar charges.
No cancellation or refund will be applicable once entries have been successfully submitted.
The Nomination Fee & Winner Package fee are non-refundable. No refund is applicable once you have paid for the Winner Package order.
12 The gala ceremony entry ticket charges are not included as a part of the free and paid nomination plan , winner package . The Entry tickets are chargeable at additional cost . Golden tree reserves the RIGHT to restrict the admission of users for the award gala ceremony if the winners are found to be in violation of these terms or if internal parameters of Golden tree are not met in the sole discretion of Golden tree
To the extent you access our Platform, your wireless service carrier's standard charges, data rates and other fees may apply. By using the Platform, you acknowledge and agree that we may communicate with you by SMS, Phone Calls, WhatsApp call or message, MMS, text message or other electronic means to your device and that certain information about your usage of the Platform may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number.
14 HOTEL OR RESORT INSPECTION
14.1 RESORT INSPECTION IS AN OPTION FOR THE PARTICIPANTS. FOR HOTELS, 3 NIGHTS ALL-INCLUSIVE COMPLIMENTARY STAY VOUCHER IS REQUIRED FOR THE HOTEL INSPECTION BY OUR TEAM. INSPECTION REQUIREMENTS WILL BE AT OUR SOLE DISCRETION. INSPECTION WILL INCREASE THE CHANCES OF WINNING THE AWARDS. 3 NIGHTS STAY VOUCHER IS APPLICABLE FOR 3 ADULTS TO ENABLE THE INSPECTION.
14.2 IN THE EVENT THAT THE RESORT IS NOT INSPECTED BY OUR TEAM BEFORE THE WINNER ANNOUNCEMENT, WE MAY INSPECT THE RESORT ANYTIME WITHIN 1-YEAR COMMENCING FROM THE WINNER ANNOUNCEMENT TO INSPECT THE QUALITY STANDARDS. WE RESERVE THE RIGHT TO CANCEL THE AWARD IN CASE OF ANY ISSUES OR QUALITY COMPLIANCE ISSUES FOUND DURING THE POST-INSPECTION.
14.3 BY CONDUCTING AN INSPECTION, WE DO NOT GUARANTEE THAT YOU OR YOUR ESTABLISHMENT WILL BE DECLARED A WINNER OR WILL BE PROVIDED ANY COMPLIMENTARY WINNER PACKAGE.
14.4 THE INSPECTION VOUCHER CAN BE UTILIZED BY OUR MANAGEMENT TEAM OR MANAGEMENT TEAM’S FAMILY MEMBERS OR JURY TEAM OR JURY MEMBER’S FAMILY OR EMPLOYEES OR PROFESSIONALS ASSOCIATED WITH OUR AWARD PROGRAM.
15 PROHIBITED ACTIVITIES
15.1 As a user of the Platform, you agree not to:
15.1.1 systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
15.1.2 make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretenses.
15.1.3 use a buying agent or purchasing agent to make purchases on the Platform.
15.1.4 use the Platform for advertising or offering to sell goods and services.
15.1.5 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content or Content contained therein.
15.1.6 engage in unauthorized framing of or linking to the Platform.
15.1.7 trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords;
15.1.8 make improper use of our support services or submit false reports of abuse or misconduct.
15.1.9 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
15.1.10 interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
15.1.11 attempt to impersonate another user or person or use the username of another user.
15.1.12 sell or otherwise transfer your profile.
15.1.13 use any information obtained from the Platform in order to harass, abuse, or harm another person.
15.1.14 use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavor or commercial enterprise.
15.1.15 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
15.1.16 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
15.1.17 delete the copyright or other proprietary rights notice from any Platform Content.
15.1.19 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
15.1.20 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
15.1.21 except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
15.1.22 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
15.1.23 use the Platform in a manner inconsistent with any applicable laws or regulations.
16.1 Subject to the Terms, Golden Tree gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without prior express permission from Golden Tree to use, reproduce, modify, distribute, or store any content for purposes other than using the Platform consistent with these Terms.
17 OUR RIGHTS AND DUTIES
17.1 We retain the right to disqualify entries or Winners at any point in time without prior notice.
17.2 All decisions made by the Golden Tree management and Jury are final without the right to appeal.
17.3 We reserve the rights to modify/cancel/change any of the programs including but not limited to award categories, winning title, winning category, subcategories, price, award logo, award program name, award schedule, number of winners in each category, Gala ceremony event and venue, without prior notice to you.
17.4 We reserve the right to qualify or disqualify any user and if such user does adhere to our Terms.
17.5 We possess the right to change /cancel/remove any deliverables for the winner or nominee without prior notice.
18 RIGHTS AND OBLIGATIONS OF USERS
18.1 You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by us unless you have been specifically allowed to do so in a separate agreement.
18.2 You agree that you are solely responsible for (and that we are not responsible to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
18.3 You agree that you will not use another person's Account, to misrepresent yourself, Your identity or qualifications or transactions.
18.4 You agree that you will not violate any national, local, state, national or international law, or any rule, regulation, tariff, or duty, including customs laws or regulations that may apply to you.
18.5 You agree that will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
18.6 You agree that you will not violate any of our policies that govern or relate to your use of the Platform and interactions with you and third parties.
18.7 You agree that you will not take any action that may undermine the efficacy or accuracy of reviews or rating systems maintained by us.
18.8 You agree that you will not register for more than one (1) Account or register for an Account on behalf of an individual other than yourself or transfer or purport to transfer your Account to any other person.
18.9 You agree that will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
18.10 You agree that you will not promote our award product to anyone or collect any monetary items on our behalf.
18.11 You agree that you will not represent you or your company as Golden Tree or it’s partners or it’s programs sales / marketing representations without written permission from Golden tree
19 INTELLECTUAL PROPERTY RIGHTS
19.1 The Platform contains the Intellectual Property of Golden Tree in the form of content, graphics, videos, audio, text, and any other digital content ("Platform Content"). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms of Service.
19.2 You acknowledge and agree that the Platform, the names and logos and all related products and names, design marks and slogans, and all other material comprising the Platform, are the property of Golden Tree or its affiliates (collectively, the "Marks"). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Golden Tree. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Golden Tree or its third-party suppliers, as the case may be.
19.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platform ("Content"). You grant us a non-exclusive, worldwide, royalty-free and fully-paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you. By participating in any of our Award programs, You agree the award program and Golden Tree have full rights to use your company name, brand, logo, and images from your website as part of the award process on any of our promotional materials including but not limited to the award website, marketing materials, email newsletters, nominee list, & winner list perpetually.
By signing up in our Awards programs, the user agrees to participate officially in the Awards for one year, and you agree that we can use/ provide/ display all media materials including your company logo, photo, representative testimonials including their details to all our customers or website visitors or anywhere on appropriate places on the internet for Golden Tree product promotions perpetually. Images and information that you send us /update in your login will be used by us for any purpose, it will not be subject to confidential treatment and may be disclosed by us without further consent from participants.
19.4 You acknowledge and agree that any comments, ideas and/or reports provided to us ("Feedback") shall be the property of Golden Tree and you hereby irrevocably transfer and assign to Golden Tree such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
19.5 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account without prior notice and Golden Tree reserves the rights to ban you from participating in all our award programs in the future. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 30.
20 THIRD-PARTY SERVICES
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third-party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
We reserve the right to terminate your access to all or any part of the Platform of awards at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform or by sending email to email@example.com . Any such termination shall immediately revoke the license granted under Section 15, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
To the maximum extent permissible by applicable law, you hereby absolutely release Golden Tree and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
23 WARRANTY DISCLAIMER.
THE PLATFORM IS PROVIDED "AS IS", AND "AS AVAILABLE" BASIS. THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. GOLDEN TREE, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
25 LIMITATION OF LIABILITY
THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
26 GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the United Arab Emirates and by the local laws applicable in the Emirate of Dubai applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a "Dispute") will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within Thirty (30) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
27 LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM OR THE TRANSACTIONS PERFORMED BY USE OF THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
28 CLASS ACTION WAIVER
You hereby expressly waive their right to bring or participate in a class action lawsuit. The Parties agree that each may bring claims to the fullest extent legally permissible against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
30.1 Ownership and Management: The International Travel Awards, International Spa & Beauty Awards, International Dining Awards and International GM Awards program/event/ceremony and all other award-related activities are wholly owned /managed /organized by Golden Tree. All award programs organized by us are not related to any state or central government or Tourism ministry in Dubai - UAE. The purpose of our Award programs (organized by Golden Tree Events Organizing & Managing) is to find & Reward excellent performers in Tourism, Spa & Wellness, food, and other industries and help them to promote their business.
30.2 Primary contact: Authorized user representatives who submit entries will be our primary point of contact unless we are otherwise notified. We have the right to contact them at any point in time.
30.3 Computerized Evaluations: A portion of or entirety of our user evaluation process may be done via our computer systems. Thus, Golden Tree makes no guarantees with respect to errors which may occur during the selection process and we hereby through this reference disclaim all liabilities in this regard to the maximum extent permitted by applicable laws.
30.4 Duplicate Entries: You shall not be part of any Awards program by entering or participating using frivolous means including without limits, duplicate entries. Golden Tree reserves the right to disqualify users who violate these Terms promulgated herein this section. If you have accidentally input duplicate entries, it is your sole responsibility to remove the same or inform us regarding the same promptly. In the event that multiple nominations for a single company are qualified by our system, it will be construed to be solely one company’s participation irrespective of multiple payments for the same user.
30.5 Intellectual Property Usage: The user agrees to use the Winner Package rights, our limited connected intellectual property provided by us from time to time and change/ remove them promptly in the event of any change, notification by Golden Tree, by Email / Website / any other communication.
30.6 Administrative Disclaimer: All operational, marketing, sales & other activities are handled from our Dubai - UAE office. All emails and written communications should be delivered to our Dubai - UAE office only. Communications sent to our other offices shall not be considered as received for any reason to the maximum extent permissible by the applicable laws.
30.7 Non-circumvention and Non-disparagement: The users shall not communicate/ do business with/ establish any kind of relationship (such as partnership, employer-employee relationship) including without limits our affiliates, partners, customers, other users without our express written permission or unless permitted by us otherwise.
The user shall refrain from making any false, negative, critical, or disparaging statements/ reviews, implied or expressed, concerning Golden Tree, including, but not limited to, management style, methods of doing business, the quality of services, role in the community, Golden Tree’s clients, award selection procedure, jury team or treatment of employees. The user further agrees to do nothing that would damage Golden Tree’s reputation or goodwill; provided, however, that nothing in these Terms shall prohibit disclosure of information that is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.
30.8 In the event that we discover any violation of this section, Golden Tree reserves the right to claim damages in the amount if not less than GBP 10,000 or to the maximum extent permitted by law, whichever is higher.
30.9 Conflict of Interests: Golden Tree reserves the right to disclose possible conflicts of interests in all circumstances if mandated by applicable laws such as information about any users who may have any relationship with Golden Tree our affiliates/ sponsors, Jury, competitors etc.
30.10 No cancellations: No cancellations will be entertained once entries have been successfully submitted. When you submit your entries via our Platform or the submission method as may be requested by us from time to time, you shall have officially submitted your request to be a participant in the Awards. Golden Tree reserves the right to use all the details submitted by the users for future references and materials.
30.11 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
30.12 Relationship of the parties. You and Golden Tree are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.
30.13 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
30.14 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
30.15 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms and Conditions. Notices to us shall be sent by email to firstname.lastname@example.org. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
30.16 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
30.17 Interpretation. The headers are provided only to make this agreement easier to read and understand.
You may get in touch with us through our Platform or by email to email@example.com