Agreement between you and StarLink
Thank you for visiting starlinkmarketplace.com (the "Website"). Please read these terms and conditions carefully before you start to use the Website. By accessing and using this Website, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the 'Agreement'). If you do not agree to these terms and conditions, please refrain from using our Website and exit immediately.
The Website is owned and operated by StarLink, whose principal office Office 4301, Mazaya Business Avenue - BB2 JLT, Dubai, United Arab Emirates P.O. Box 99580.
By entering this website, you agree that you are old enough to enter legally binding contracts ,and you know you will be responsible for all payments due to us for bookings made by you or by anyone using your login information
StarLink may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.
If StarLink determines, in its sole and absolute discretion, that You may have violated this Agreement, StarLink may in its discretion temporarily or permanently prevent You from using the Site and Services, cancel the Services without a refund and, if appropriate, pursue legal action against you. In addition, you may be subject to civil or criminal penalties and/or injunctive relief.
" refers to StarLink DMCC with its principal place of business located at P.O.Box: 99580, Sheikh Zayed Road, 4301, Mazaya BB2, DMCC, Dubai, United Arab Emirates.
" refers to the two categories of Services available on the Site: (a) Services that are offered to end users by StarLink ("StarLink Services"); and (b) Services that are developed and licensed to end users by a third party vendor (such vendors are referred to in this Agreement as a "Third Party Vendor" and their Services are referred to as "Third Party Vendor Services").
" refers to the terms of this Agreement as well as the additional terms, conditions and policies related to the Services posted online on our website www.starlinkme.net or a third party vendor's website.
" or "customer” refers to end users of the Services who purchase such Services through a Reseller.
The terms :"You" and "Your" in this Agreement refers to any individual or entity who accepts this Agreement, has access to Your account, uses the Services or the Site, or orders the Services, and includes both end users of the Services as well as Resellers (defined below).
If You are an authorized reseller customer of StarLink or one of StarLink affiliates ("Reseller"), and unless otherwise agreed to in a separate written agreement between us in respect of Services, You agree that StarLink sales terms and conditions set forth at www.starlinkmarketplace.com, as modified by this Agreement, govern Your purchase of Services for resale to Your customers.
As a Reseller, You acknowledge that you are responsible for the acts or omissions of Your customers that use the Site or the Services and confirm that You have disclosed and that Your customers have agreed to their responsibilities and obligations under this Agreement. If You become aware that any customer is violating its obligations under this Agreement, You will immediately notify StarLink. You agree that the financial arrangement between You and StarLink is NOT a "paid when paid" arrangement. Accordingly, failure of Your customers to pay for Services purchased will not relieve You of Your obligation to timely pay StarLink for the Services ordered by or through you. You are responsible for providing Service support to Your customers.
The Site and the Services are only available to users who are authorized to form legally binding contracts under applicable laws in the jurisdictions in which the Services are offered.
4. USE, FEES, PAYMENT TERMS AND TAXES
USE OF SERVICE(S). StarLink or the third party vendor will specify the term of authorized use of the Service(s), the fees and other charges for the Service(s), any special payment terms, the scope of use, and the numbers, types and identifiers of permitted users, applications, servers, devices, capacity and locations at or through which You are permitted to use the Service(s) in Your order. You may not use or otherwise access the Service(s) in a manner that exceeds Your authorized use. If You exceed Your authorized use of the Service(s), then, You will promptly notify StarLink and immediately: (i) disable or correct impermissible use; or (ii) purchase additional Service(s) to correspond to actual use. You agree that StarLink or third party vendor may review Your use of the Service(s), and You will provide any reasonable assistance to verify Your compliance with this Agreement. StarLink or the third party vendor may suspend or terminate Your use of the Service(s) immediately upon written notice of non-compliance identified in such review, in addition to exercising any other rights or remedies StarLink may have.
- FEES AND PAYMENT TERMS.
Resellers: If You are a Reseller, You agree to the following terms set forth in this section. Payment may be accepted by methods made available by StarLink from time to time, including credit card or the available credit limit option. You agree to pay the fees and charges for the Services as outlined in the registration process and that appear on the Site, as may be amended from time to time. You acknowledge that fees and charges for Services You purchase may, as a result of foreign currency exchange fluctuation, be adjusted during the term of Your subscription, at StarLink sole discretion. Therefore, the amount You pay for the Licenses or Services may vary from time to time during the term of your Subscription, even though You may purchase Services in advance for a fixed term. Fees and charges for Services are non-refundable.
You must pay in advance or as per your agreed payment terms for Your or Your customers' use of the Services, unless otherwise agreed to StarLink. You authorize StarLink to charge any amounts payable by You, in connection with Your customer's use of the Licenses or Services, automatically using the payment method you selected during the registration process or such payment information that You provide thereafter, regardless of the status of Your account with StarLink and subject only to the terms and conditions of the agreement between You and Your payment processing provider.
If at any time Your fees are more than ninety (90) days in arrears, StarLink, in its sole and absolute discretion, may deem that You have abandoned Your customers and StarLink reserves the right to terminate Your customer accounts with cause and assume ownership of Your customers directly, without any financial consideration or relief whatsoever to the Reseller. StarLink may assume the billing and support relationship with Resellers' customers directly. StarLink may also to establish such a direct relationship with Your customers in the event You or StarLink terminates Your Reseller account.
Quoted prices, including discount structure, are subject to change without notice.
5. GRANT OF USE RIGHTS; OWNERSHIP; CUSTOMER RESTRICTIONS
StarLink hereby grants to You, conditioned upon payment of applicable fees, a non-exclusive, non-assignable, non-transferable, worldwide right during the term of the subscription to access and use StarLink Services that StarLink represents to You as being licensable by StarLink to You under this Agreement.
MARKETPLACE. StarLink hereby grants to you, conditioned upon payment of applicable fees, a non-exclusive, non-assignable, non-transferable, worldwide right during the term of Your subscription to access and use the StarLink Marketplace in furtherance of its access and use of the offerings. StarLink Marketplace will include any and all third party licenses in furtherance of the creation and maintenance of the Marketplace.
DOCUMENTATION. StarLink hereby grants to You a non-exclusive, non-assignable, non¬ transferable, worldwide right during the term of Your subscription to access and use, if any, user documentation relating to the operation and use of the StarLink Service(s) that may be provided by StarLink to you, as updated by StarLink from time to time ("Documentation").
CUSTOMER DATA. You hereby grant StarLink and applicable Third Party Vendors a non-exclusive, non-transferable, royalty-free, worldwide right to use the electronic data specifically pertaining to You and/or Your users that is processed using the Service(s) (collectively "Customer Data") strictly for the limited purpose of providing the Service(s) to You or an end user.
OWNERSHIP. If you use the StarLink marketplace Site, you are responsible for maintaining the confidentiality of your StarLink marketplace account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. StarLink reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
RESTRICTIONS. Any software that may be purchased from this Web Site (”Software”) is the copyrighted work of Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (”License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the unauthorized copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with these Terms or the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, STARLINK HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
CUSTOMER CONDUCT. You agree that You are responsible for, without limitation, the following: (i) Your implementation of the Service(s); (ii) protecting the names and passwords of the users of the Service(s) and Site and preventing and notifying StarLink of unauthorized use of the Service(s) or Site; (iii) appointing key designated support contacts for purposes of contacting StarLink with regard to support questions and/or technical issues and ensuring that such contact information is current with StarLink; (iv) the lawfulness of each user's acts and omissions; (v) using the Service(s) and Site encryption feature, if and when made available to You, for any of Your data containing sensitive information; (vi) using the Service(s) and Site within the permitted scope and only in accordance with the numbers, types and identifiers of permitted users, applications, servers, devices, capacity and locations at or through which You are permitted to use the Service(s) and Site as set forth in the Terms; and (vii) using the Service(s) and Site only in accordance with applicable documentation.
THIRD PARTY SERVICES. Notwithstanding anything to the contrary in this Agreement, Your license to use any Third Party Vendor Services is provided by the Third Party Vendor and not StarLink, and is subject to any terms and conditions of services as made available by the Third Party Vendor, including, but not limited to, warranties (if any), ownership of intellectual property and permitted uses.
In scenario where StarLink determines that any support request falls outside the scope, StarLink may provide custom support services for a fee, or on a per service basis, which we will be quoted to You before providing the service. StarLink may require that You pay for the Services prior to the commencement of any work being performed and You agree that such fees are non-¬refundable.
StarLink Services team may request certain information as a pre-requisite from You and may request that You follow certain processes prior to providing You with support for the Services. If You decline to provide required information, You will be solely responsible for the failure the customer might suffer including, without limitation, data loss or a privacy breach, and StarLink shall not be liable therefore.
6. SERVICE LEVEL AGREEMENTS
Service Level Agreements may apply to certain Services. StarLink may change, discontinue or add Service Level Agreements from time to time.
7. INTELLECTUAL PROPERTY
The Web Site and Materials are protected by trade dress, trademark, copyright and other laws and may not be transmitted, reproduced, repurposed, copied or imitated in whole or in part unless expressly permitted by StarLink.
StarLink and the StarLink Marketplace logo, referenced in the Materials and on the Website are trademarks of StarLink DMCC and/or one of its subsidiaries, and may be registered in other countries. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.
8. WARRANTY DISCLAIMER
THE STARLINK MARKETPLACE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY STARLINK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. STARLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STARLINK MARKETPLACE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STARLINK MARKETPLACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STARLINK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STARLINK MARKETPLACE SITE; ITS SERVERS; OR E-MAIL SENT FROM STARLINK MARKETPLACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STARLINK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE STARLINK SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STARLINK SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless StarLink, its affiliates, and their respective directors, officers, shareholders, employees, agents, licensors and advisors ("Indemnified Parties"), from and against any claim, demand, liability, damage, losses, judgments, suit, action, or cause of action, costs and expenses (including, without limitation, reasonable legal fees) arising directly or indirectly out of Your use of the Services or the Site, including, but not limited to: (a) Your breach or violation of any provision of the Terms, including reasonable attorneys and associated advisor fees and costs; (b) Your use of any Service or the Site, including Your publication or use of Content that infringes the intellectual property rights of any third party, including, but not limited to, patent, copyright, and trade secret rights; (c) any action taken by StarLink in investigating a suspected violation of the Terms or as result or finding that a violation has occurred; (d) Your activities and use of the Services that attract taxes and fees from government regulations including, without limitation, federal and/or state telecommunications regulations; and (e) costs associated with document production, depositions, interrogatories and related demands arising out of private third party, governmental or regulatory claims in connection with the Services or Site to the extent StarLink is not a target. For purposes of this indemnity provision, if You are a Reseller, references to "your" includes You and Your customer(s).
10. LIMITATION OF LIABILITY
To the extent permitted by law, starlinkmarketplace.com, it’s management, employees, agents, affiliates and manufactures shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not starlinkmarketplace.com has been advised of the possibility of such losses or damages). If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to starlinkmarketplace.com and starlinkmarketplace.com shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
- TERM AND TERMINATION
TERM AND TERMINATION. This Agreement shall commence upon Your initial visit to the Site and will remain in force until Your use of the Site and all of Your subscription to Services end (i.e. terminate or expire). The initial term of any subscription for Services will be the term specified during the registration process for such Service with StarLink through the Site.
EFFECT OF TERMINATION OF SERVICE. Upon expiration or other termination of the Service(s) for any reason as permitted in this Agreement, You must stop using, and StarLink will stop providing, the terminated Service(s). In the event of such termination, StarLink will not refund any prepaid fees for such Service and You will be responsible for all subscription fees until the end of the subscribed to term. StarLink may terminate this Agreement and any Service subscription at any time for any reason, or no reason, without providing any advance notice to You
SURVIVAL. Upon termination of Service(s) for any reason, You agree that You will immediately pay all amounts owed to StarLink for Service(s). Any provision required by its construction or required for rights and obligations enforcement, shall survive termination, including, but not limited to, the indemnity provisions, limitations of liability and the survival terms and this Section 13 (Term and Termination).
12. If You are a Reseller, You agree that You have received proper consent from Your customers to provide their information to StarLink for use in connection with Services.
13. GENERAL PROVISIONS
14. ASSIGNMENT. If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Souq.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
Right to object: You have the legal right to object, on grounds relating to your particular personal situation, at any time to processing of your personal data. Furthermore, you have the right to object at any time to our processing of your personal data for direct marketing purposes or to profiling. You can do this by either (i) opting out by using the option we provide in the relevant direct marketing message (e.g. an email newsletter), or (ii) updating your preferences on your profile on the www.starlinkme.net website, or (iii) by sending an email to [email protected] or (iv) writing to: Customer Service Team StarLink Europe Venture House 2 Arlington Square Bracknell RG12 1WA United Kingdom
FORCE MAJEURE. StarLink will not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, and will be excused from performance in the event of any failure or delay in fulfilling or performing any term of this Agreement or its performance of the Services, when and to the extent such failure or delay is caused by or results from acts beyond StarLink’s reasonable control, including without limitation: domain name server or instant messaging issues, strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), trespassing, sabotage, theft or other criminal acts, by requirement of law, regulation, order or other governmental action, failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, explosions, collapse of building structures, fires, floods, storms, earthquakes, epidemics or similar events, natural disasters or extreme adverse weather conditions.
NO WAIVER AND AMENDMENT: StarLink will not be considered to have waived any of its rights or remedies described in the Terms unless such waiver is in writing and signed by an authorized representative of StarLink. No delay or omission by StarLink in exercising StarLink rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy by StarLink will not preclude further exercise of any other right or remedy. StarLink failure to enforce the strict performance of any provision of the terms and conditions in the Terms will not constitute a waiver of StarLink right to subsequently enforce such terms and conditions.
RELATIONSHIP OF THE PARTIES. You and StarLink are independent contractors to each other. Nothing in the Agreement will be interpreted to create a partnership, joint venture, agency, fiduciary or trustee relationship. You will not have any right or authority to assume or create any obligation of any kind expressed or implied in the name of or on behalf of StarLink.
- GOVERNING LAW: This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
CONSTRUCTION. The Services shall be provided in the English language unless agreed otherwise. The parties confirm that they have requested that the Terms and all related documents be drafted in English at the express wishes of the parties. Section headings are for convenience only and are not to be used in interpreting the Terms.
ENTIRETY. These terms and conditions and any other legal notices, policies and guidelines of StarLink linked to these terms and conditions constitute the entire agreement between you and StarLink relating to your use of this Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the terms and conditions may not be amended or modified except by making such amendments or modifications available on this Website.