Terms Of Use
Thank you for visiting our website www.nwtn.ae (“NWTN Website”). Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered or information displayed by NWTN. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.nwtn.ae, and the services owned and operated by NWTN on the Website
By accessing and browsing the NWTN web site or by using and/or downloading any content from the same, you agree and accept the Terms of Use as set forth below. Do not continue to use www.nwtn.ae if you do not agree to take all of the terms and conditions stated on this page "The Company" refers to NWTN, including its affiliates (also referred to as “we”, “us”, or “our”). (NWTN, associates and affiliates shall be collectively referred to as “NWTN Group Companies”). (This Terms of Use shall be referred and read together with Privacy Policy and Disclaimer of the NWTN Website.
ACCEPTANCE
Your use or viewing the NWTN Website is subject to your acceptance of all of the terms and conditions contained in these Terms of Use, and all other policies, and procedures that may be published from time to time on the NWTN Website by the Company, which are incorporated by reference.
These Terms of Use apply to every user of the NWTN Website. In addition, some services offered through the NWTN Website may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
We reserve the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the NWTN Website. It is your responsibility to check the Terms of Use periodically for any changes. Your continued use of the NWTN Website following the posting of any changes to the Terms of Use constitutes automatic acceptance of those changes
We reserve the right to change, suspend, or discontinue the NWTN Website (including, but not limited to, the availability of any feature, database, services or content) or any part thereof, at any time for any reason. We may also impose limits on certain features and services or restrict your access to parts or all of the services of NWTN Website without notice or liability
NWTN Website and its contents are available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that any personal information you may submit will be accurate and truthful. We reserve the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. We may, in its sole discretion, refuse to offer the NWTN Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the NWTN Website is revoked in those jurisdictions.
COOKIES
We employ the use of cookies. By accessing www.nwtn.ae, you agreed to use cookies in agreement with the NWTN’s Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies
RULES OF CONDUCT
By using this NWTN Website, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of this NWTN Website, we expect users of the Website to follow these few basic guidelines (which form part of the terms and conditions for access and use of the NWTN Website) as are acceptable for a user policy.
Unless with our prior permission, no part of the NWTN Website may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service
You have a limited permission to display, print or download extracts from these pages of the NWTN Website for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialise any such material or contents on the NWTN Website in any way. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorisation is prohibited. Framing this site or using our proprietary marks as meta tags by you or any person acting on your behalf, without our written consent is impermissible. Use of contact information provided on the site for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the site or to intercept any information from the site is prohibited.
You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the NWTN Website without our prior written consent save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the NWTN Website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use. You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the NWTN Website or use any of the materials for public performance or otherwise make commercial use of the NWTN Website or any materials located on it without our prior written consent.
You cannot upload on the NWTN Website or submit any content or otherwise distribute or publish through the NWTN Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another's privacy or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the user and at our discretion to remove any such content from our server immediately
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the NWTN Website, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the NWTN Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
You shall not, and shall not permit any third party using your account to, take any action, or submit any content, that: infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; you know is false, misleading, or inaccurate; constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of NWTN or any third party; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or impersonates any person or entity, including any employee or representative of the Company.
You shall not: (i) take any action that imposes or may impose (as determined by NWTN in its sole discretion) an unreasonable or disproportionately large load on NWTN’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of NWTN Website or any activities conducted on the same; (iii) bypass any measures NWTN may use to prevent or restrict access to the NWTN Website (or other accounts, computer systems, or networks connected to the same); (iv) run mail list, listserv, or any form of auto-responder or "spam" on the NWTN Website; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the NWTN Website
No user shall post any message to the NWTN Website which is in violation of the acceptable use policies in respect of the NWTN Website. We reserve the right to delete and remove all such postings.
NWTN Website cannot under any circumstances be used for commercial purposes by any user.
You grant us a royalty free irrevocable permission to reproduce, download and print your user submissions in any of the sections on the NWTN Website. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) the Services, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Submissions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. The foregoing license granted to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
We reserve and retain the right or ability to remove the availability or ability of participants to post comments in the event of any breach of these acceptable use provisions.
We will enforce appropriate sanctions against any of the users of the NWTN Website who are responsible for abuse of the NWTN Website. Such sanctions may include but are not limited to (a) a formal warning, (b) suspension of access through the NWTN Website or machines, (c) suspension of access to the NWTN Website, (d) termination of any registration of the user with NWTN Website or services.
COMMENTS AND INFORMATION
The Company does not assume any obligation to monitor the information that you may post on its website.
You warrant that any and all information, projects, files or other attachments sent to us (‘Content’) or comments other than personal data, that you may transmit to the Company through the website does not infringe intellectual property rights or any other applicable law. Such Content or comments will be treated as non-confidential and non-proprietary. By submitting any information or Content, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such Content or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such Content and/or comments in any way it chooses.
We collect information from a variety of sources, directly and indirectly [to specify the sources]. The term “Personal Data” means information relating to an identified or identifiable individual (i.e., a natural person). All of the information we collect about you is used to monitor the use of the site and develop world-class products and services of superior quality. Such use does not result in any personally identifiable information being collected or stored. By submitting your Personal Data through this website, you shall be consenting to it being handled in accordance with the site's online Privacy Policy. You agree to provide true and complete information about yourself by registering on this site and you are solely responsible for protecting your password and all acts by way of use of your password. If you have submitted Personal Data through this website and wish us to cease using it for the purposes submitted, please contact us.
RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions
INTELLECTUAL PROPERTY
NWTN Website is the exclusive Property of NWTN. All information, contents documents, database included on the NWTN Website, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software is owned, controlled or licensed by or to NWTN and/or NWTN Group Companies and may be protected as copyright, database rights, trade mark, intellectual property law and other proprietary rights.
The marks ‘NWTN,’ “Muse”,“Nwone”, ‘the Corporate Logo’, indicated on each page are the trademarks owned by NWTN, which also includes any all-other graphics, logos, page headers, taglines, button icons, scripts and service names.
All other trademarks not owned by NWTN or NWTN Group Companies that appear on the NWTN Website, are the property of their respective owners, who may or may not be affiliated with or connected to NWTN and we do not claim any right, interest or affiliation with such parties.
Nothing on the NWTN Website or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of NWTN or NWTN Group Companies, or any third party, whether implied or otherwise, save as expressly provided.
Any software, including codes or other materials that are made available to download from the NWTN Website, is the copyrighted work of NWTN and/or its suppliers and affiliates. If you download software from the NWTN Website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of NWTN in the case of codes or other downloadable materials.
SEVERABILITY
These Terms of Use are governed by the Federal Laws of United Arab Emirates. The courts in Dubai have exclusive jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use
If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and the remaining provisions shall remain in full force and effect.
MODIFICATIONS
The Company reserves the right to change the Terms of Use under which this web site is offered at any time and without notice. You will be automatically bound by these modifications when you use this site, and should periodically read the Terms of Use
After having read and understood the disclaimer and copyright notice, I hereby agree to accept and abide by all the terms and conditions as mentioned therein at my sole responsibility
LIABILITY
Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.
Nothing in these Terms of Use is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.
INDEMNIFICATIONS
You agree to defend, indemnify, and hold harmless NWTN, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse or an unlawful or negligent act or omission of, or access to, the NWTN Website and content, or otherwise from your user submissions; violation of the Terms of Use; or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with NWTN in asserting any available defences.
INTERNATIONAL
Accessing NWTN Website is prohibited from territories where the content is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws
ELECTRONIC DELIVERY, NOTICE POLICY and CONSENT
By using NWTN Website, you consent to receive from NWTN all communications including notices, agreements, legally required disclosures, or other information in connection with the NWTN Website (collectively, "Contract Notices") electronically. NWTN may provide the electronic Contract Notices by posting them on the NWTN Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the NWTN Website
ENTIRE AGREEMENT
These Terms of Use and other referenced material are the entire agreement between you and NWTN with respect to the NWTN Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and NWTN with respect to NWTN Website and govern the future relationship
The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
LANGUAGE
Terms of Use are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.
DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website.
Nothing in this disclaimer:
- will limit or exclude our or your liability for death or personal injury
- limit or exclude our or your liability for fraud or fraudulent misrepresentation
- limit any of our or your liabilities in any way that is not permitted under applicable law
- exclude any of our or your liabilities that may not be exclude under applicable law exclude any of our or your liabilities that may not be excluded
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature