These general delivery terms (the “Terms“) form an integral part of the Service provider Agreement (the “Service provider Agreement” and together with the Terms, “Agreement“) entered into between a service provider and Wurd.ae (each a “Party” and collectively the “Parties“).
In addition to the terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless the contrary intention appears:
“Wurd.ae Platform” means the website(s), apps, tools, platforms or other devices of Wurd.ae on which the Service is made available.
“Customer Service” means the customer service desk of Wurd.ae which can be reached at customer.service@Wurd.ae or such other address as set out in this Agreement.
“Data Controller” means a natural or legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
“Direct Debit” means the instruction given by the Service provider to its bank such that Wurd.ae is authorized to collect the relevant amount under this Agreement directly from the bank account or the credit card of the Service Provider.
“Extranet” means the online systems of Wurd.ae which can be accessed by the Service provider (after identification of the username and the password), for uploading, changes, verifying, updates and/or amendments of the Service provider Information (including prices, rates, availability, services) and reservations.
“Force Majeure Event” means any of the following events affecting multiple users and multiple service providers: act-of- God, volcanic eruptions, (natural) disaster, fire, (acts of) war, hostilities or any local or national emergency, invasion, compliance with any order or request of any national, provincial, port or other public authority, government regulation or intervention, military action, civil war or terrorism, (biological, chemical or nuclear) explosion, rebellion, riots, insurrection strikes, civil disorder (or the material or substantial threat or justified apprehension of any of the foregoing events), curtailment of transportation facilities, close down of airports or any other exceptional and catastrophic event, circumstance or emergency, making it impossible, illegal or prevents users from ordering or using the service(s).
“user/ customer” means the customer who viewed, inquired, ordered or booked the service.
“Intellectual Property Right” means any patent, copyright, inventions, database rights, design right, registered design, trademark, trade name, brand, logos, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (under whatever extension, e.g. .com, .ae, .jo, .sa, etc.) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property rights subsisting in any territory or jurisdiction in the world.
“Personal Data” means any information relating to an identified or identifiable natural person (including Customer Data and credit card data).
“Platforms” means the website(s), apps, tools, platforms and/or other devices of Wurd.ae and its affiliated companies and business partners on or through which the Service is (made) available.
“Service” means the online inquiry or service reservation system of Wurd.ae through which service providers can make their services available for booking or ordering, and through which users/ customers can make booking of such services or ordering such items, the Facilitated Payment, customer service and the Communication Service.
“System” means the (XML) system that Service Providers can access to use and utilize the services, functionalities and administration of their businesses on the Platform (including prices, booking policies, orderable items etc.).
- SERVICE PROVIDER OBLIGATIONS
2.1 Service provider Information
2.1.1 Information provided by the Service provider for inclusion on the Platforms shall include information relating to the Service provider (including pictures, photos and descriptions), its amenities and services available for booking, details of the prices (including all applicable taxes, levies, surcharges and fees) and availability, cancellation and other policies and restrictions (the “Service provider Information“) and shall comply with formats and standards provided by Wurd.ae. The Service provider Information shall not contain any telephone or fax numbers or email (including Skype) address or social media website/app/platform (including twitter and facebook), with direct references to the Service provider or its websites, apps, platform, tools or other devices, or to websites, apps, platform, tools or other devices of third parties unless stated or make it available by Wurd.ae. Wurd.ae reserves the right to edit or exclude any information on becoming aware that it is incorrect or incomplete or in violation of the terms and conditions of this Agreement. All newly created or edited services such as prices, photos names etc are subject to Wurd.ae admin’s approval.
2.1.2 The Service provider represents and covenants that the Service provider Information shall at all times be true, accurate and not misleading. The Service provider is at all times responsible for a correct and up-to-date statement of their services and Information, including additional availability of services for certain periods or any extraordinary (material adverse) events or situations (e.g. interruption of service). The Service provider shall update their Information on a daily basis (or such more frequent basis as may be required) and may –at any time– change via the Extranet (i) the rate of its available services bookable, and (ii) the number or type of available items.
2.1.3 The information provided by the Service provider for the Platforms shall remain the exclusive property of the shop. Information provided by the Service provider may be edited or modified by Wurd.ae and subsequently be translated into other languages, whereas the translations remain the exclusive property of Wurd.ae. The edited and translated content shall be for the exclusive use of Wurd.ae on the Platforms and shall not be used (in any way or form) by the Service provider for any other distribution or sales channel or purposes. Changes to or updates of the descriptive information of the Service provider are not allowed unless prior written approval has been obtained from Wurd.ae.
2.1.4 Unless Wurd.ae agrees otherwise, all changes, updates and/or amendments of the Service provider Information (including prices, availability, items) shall be made by the Service provider directly and on-line through the Extranet or such other ways as Wurd.ae may reasonably indicate. Updates and changes in respect of pictures, photos and descriptions will be as soon as reasonably possible processed and approved by Wurd.ae.
2.1.5 The restrictions and conditions (including the service rate) for services made available for booking on the Wurd.ae Platform shall at all times be at arm’s length and make sense for all parties involved (including consumers/users) (i.e., the Service provider shall not misuse the service and system of Wurd.ae by uploading or using excessive or extortionate prices or conditions).
2.2 Parity and services restrictions
2.2.1 The Service provider (Shop) shall show at Wurd.ae platforms rate and availability parity (“Parity”).
Rate Parity means the same or better prices for the same service, same service type, same dates, same items, same number of users/ customers (if applicable), same or better amenities and add-ons (e.g., free buffet, W-Fi, extra free booking hours), same or better restrictions and policies such as reservation changes, and cancellation policy as are available on the Service Provider’s websites, apps, or call centers (including the customer booking system), or directly at the Service Provider’s shop, with any competitor of Wurd.ae (which includes any online or offline or booking agency or intermediary) and / or with any other (online or offline) third party that is a business partner of or in any other way related with or connected to the Service Provider. Rate parity does not apply in respect of prices intended for a closed user group (“closed user group” means a group with defined limitations where membership is not automatic and where: (i) consumers actively opt in to become a member, (ii) any online or mobile interface used by closed user group members is password protected, (iii) closed user group members have completed a customer profile, and (iv) the consumer to which the rate is offered or made available already made at least one prior booking as a member of the closed user group) provided that such prices are not (directly or indirectly) publicly (made) available. In the event that a closed user group rate is (directly or indirectly) publicly (made) available (by the Service Provider, a (direct/indirect) competitor of Wurd.ae or on any third party (platform) (including any (meta) search engine or price comparison website), Wurd.ae is entitled to rate parity for such rate.
Availability Parity means that the Service provider shall provide Wurd.ae with such availability (i.e., service available for booking at the Platform) that are at least as favorable as those provided to any competitor of Wurd.ae (which includes any online or offline reservation or booking agency or intermediary) and / or with any other (online or offline) third party that is a business partner of or in any other way related with or connected to the Service Provider.
2.2.2 Wurd.ae shall be entitled to offer a discount or similar on any item or service at its own costs. In such case Wurd.ae pays part of the cost on behalf of the customer.
2.2.3 Within the spirit of this Agreement and subject at all times to Clause 2.2.1, the Service provider agrees to give, for each calendar date, (subject to availability) some availability for all venues and venue types and is encouraged to provide Wurd.ae with fair access to all venues and services (including various applicable policies and restrictions) and prices available during the term of the Agreement (during periods of low and high demand (including during fairs, congresses and special events).
2.3.4 The Service provider is responsible for informing Wurd.ae about applicable taxes, fees, charges and levies (and any changes thereof) which will be charged to the users/ customers by the Service provider upon reservation for prepaid or postpaid reservations. Unless agreed otherwise by Wurd.ae or permitted otherwise by applicable law, the rate shown to users on the Platforms shall be inclusive of sales tax, charges and all such other (national, governmental, provincial, state, municipal, or local) taxes, fees, charges, or levies.
2.3.5 In the event that pursuant to (amendment or entering into force of) the applicable law, rules, and legislation applicable to the service, the prices must be shown to users/ customers inclusive of sales tax and all such other (national, governmental, provincial, state, municipal, or local) taxes, fees, or levies, the Service provider shall adjust the prices and prices of their services through the Extranet.
When a reservation is made by a customer on the Platform, the Service provider shall receive a notification for every reservation made via Wurd, which confirmation shall include the date of event, the number of users/ customers, the service rate, the user’s name, address and credit card (if applicable) details (collectively “Customer Data“) and such other specific request(s) made by the customer. Wurd.ae is not responsible for the correctness and completeness of the information (including credit card details) and dates provided by users/ customers and Wurd.ae is not responsible for the payment obligations of the users/ customers relating to their (online) booking. For the avoidance of doubt, the Service provider shall on a regular basis (but at least on a daily basis) check and verify on the Extranet or their Wurd business application (the status of) the reservations or orders made. The Service provider acknowledges that credit card details are only kept by Wurd.ae for a limited period of time.
By making a booking or ordering any item through the Platforms a direct contract (and therefore legal relationship) is created solely between the Service provider and the customer.
The Service provider is bound to accept a customer as its contractual party, and to handle the online reservation in compliance with the Service provider Information (including rate) contained on the Platforms at the time the reservation was made and the reservation confirmation, including any supplementary information and/or wishes made known by the customer.
Other than the fees, extra’s and (sur-)charges as set out in the confirmed booking sent by Wurd.ae to the customer, the Service provider shall not charge the customer any transaction/administration fee or charge for the use of any payment method (e.g. credit card charge).
Complaints or claims in respect of (the products or service offered, rendered or provided by) the Service provider or specific requests made by users/ customers are to be dealt with by the Service Provider, without mediation by or interference of Wurd.ae. Wurd.ae is not responsible for and disclaims any liability in respect of such claims from the users/ customers. Wurd.ae may at all times and at its sole discretion (a) offer support to a user/ customer, (b) act as an intermediate between the Service provider and a user/ customer, (c) provide -at the costs and expenses of the Service Provider alternative service or item of equal or better standard in the event of no service or item delivery or complaints in respect of the Service Provider, or (d) otherwise assist a users/ customers in its communication with or actions against the Service Provider.
- Missing out and cancellation of a service or booking
3.1 The Service provider is not allowed to cancel any online reservation/ order or refuse the service of any customer based on religion, ethnicity, sex or social status. In the event of (alleged or suspected) fraudulent activities (e.g. in respect of reservations, credit card fraud, or money laundering), Wurd.ae reserves the right to cancel the relevant reservation(s) and (in the event of any facilitated payment) withhold, suspend or cancel the transfer of any relevant funds to the Accommodation, or charge back the relevant funds from the Service provider and shall inform the Service provider accordingly.
3.2 WURD MIDDLE EAST FZ LLC” maintains the https://wurd.ae/ Website (“Site”).
“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
‘’Visa or MasterCard debit and credit cards in AED will be accepted for payment’’
‘’We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE’’
‘’Customer using the website/App who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website’’
‘’Cardholder must retain a copy of transaction records and Merchant policies and rules’’
‘’User is responsible for maintaining the confidentiality of his account’’
Once the payment is made, the confirmation notice will be sent to the client via email or through the App as a push notification within 24 hours of receipt of payment. Customer can cancel their order before the Service Provider accepts it; Refunds will be done only through the Original Mode of Payment. Please allow for up to 30days for the refund transfer to be completed. If the Service Provider accepted the order, your order cannot be cancelled and the full amount will be deducted and cannot be refunded under any circumstance.