TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION. COMPANY MAINTAINS THE THEMYRIAD.COM WEBSITE ("SITE"). THE FOLLOWING ARE THE TERMS OF USE THAT GOVERN USE OF THE SITE ("TERMS OF USE"). BY USING THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY AND TO FOLLOW THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING USE OF THE SITE. THE COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE. PLEASE CHECK THIS PAGE OF THE SITE PERIODICALLY. WE WILL NOTE WHEN THERE ARE UPDATES TO THE TERMS OF USE AT THE BOTTOM OF THE TERMS OF USE. IF YOU VIOLATE THESE TERMS OF USE, COMPANY MAY TERMINATE AND/OR TAKE APPROPRIATE LEGAL ACTION AGAINST YOU.
- THE COMPANY : United Arab Emirates is our Country of Domicile. The Company controls this Site from the U.A.E. The Company makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
- SITE OPERATION : United Arab Emirates is our Country of Domicile. The Company controls this Site from the U.A.E. The Company makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
- REPRESENTATIONS BY YOU : By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Company through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The Customer using the website 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 without the supervision of the parent or a guardian. The Customer agree that the Minor /under the age of 18 students will meet local UAE legislation where relevant.
- PERMITTED USE : You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Company to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Company to do so. The content and software on this Site are the property of Company.
- ACCEPTANCE : You will be deemed to have read and accepted Terms and Conditions of booking when you confirm by making payment. Once we have accepted your payment there will be a binding lease contract between you and us on Terms and Conditions. No variation of Terms and Conditions will be effective without our agreement in writing.
- PAYMENTS : The Company accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective Merchant service providers. Please review respective Merchant service provider’s user agreement and privacy policy before entering any transaction. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of Company. All refunds will be made onto the original mode of payment. For all payments made through this Site the cardholder must retain a copy of transaction records and Merchant policies and rules.
- MULTI-CURRENCY PRICED TRANSACTION : the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
- DEPOSIT : In order to secure the booking, the student must complete a deposit payment at the time of room booking. The Rental/Deposit can be paid by "Dirhams" cash or credit card (VISA /MASTER) upon arrival. All rates are calculated in Dirhams.
- REGISTRATION FEE : The Registration Fee is paid along with the application for accommodation and is non-refundable.
- Booking is confirmed by the receipt of your deposit which is refundable subject to Terms and Conditions. We cannot accept persons into student housing accommodation who are not mentioned on the lease contract, this could lead to the immediate termination of the lease contract. In the event of withdrawal, the deposit paid will be refunded, without any interest to the student within 45 days of the ending/termination of the lease contract provided that there is no breach of any terms and conditions of the lease contract during the lease period. If Tenancy Agreement is terminated early by the student, before the start of the Tenancy Agreement and after 14 days of booking confirmation, cancellation charge will apply.
- PURPOSE OF THE DEPOSIT : The Deposit is taken for the following purposes: any damage, or compensation for damage, to the Room, Room Content, Property and Common & Shared Areas, its fixtures and fittings or for missing items for which the student may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the Tenancy and insured risks and repairs that are the responsibility of the Company; the reasonable costs incurred in compensating the Company for, or for rectifying or remedying any breach by the student of the resident’s obligations under Tenancy Agreement, including those relating to the cleaning of the Room, Property, Service Areas or its fixtures and fittings; any unpaid accounts for the services referred to in clause 2.5 of Terms and Conditions; any rent or other money due or payable by the student under Tenancy Agreement of which the resident has been made aware and which remains unpaid after the end of the Tenancy.
- PAYMENT CONFIRMATION POLICY : Once the payment is made, the confirmation notice will be sent to the Customer with a copy of transaction record via email within 24 hours.
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CANCELLATION AND REFUND
- The Company : The Company may terminate Tenancy Agreement at any time by issuing notice on the student if: the rent is unpaid for 30 days after becoming payable whether it has been formally demanded or not; the student has breached Tenancy Agreement; the resident ceases to be a [full time/part time] student University/College; fire or damage renders the Room or the Property unfit for the allowed; In the reasonable opinion of the Company the behaviour of the student constitutes a serious risk to others living in the Property. If the Company terminates pursuant to this clause, then the Tenancy shall immediately end, without prejudice to any right or remedy of the Company in respect of any breach of the terms of Tenancy Agreement by the student.
- Student : The student may only terminate Tenancy Agreement in accordance with this clause, and will remain liable for the clauses of Tenancy Agreement and its financial obligation until: the student may terminate Tenancy Agreement by giving 2 months’ notice in writing to the Company that he/she wishes to leave; and a replacement who is not already a resident enters into a Tenancy Agreement (the Company may assist the student in finding a replacement, but does not guarantee it will be able to find one); If Tenancy Agreement is terminated by the student within 14 days of the booking confirmation, the Tenancy Agreement cancellation charges won’t apply and full refund of the deposit will be returned. This does not apply if the booking was confirmed in less than 14 days prior to the Tenancy Agreement start date. Full terms and conditions will apply from the first day of the Tenancy. If Tenancy Agreement is terminated by the Company 14 days after the booking confirmation, cancellation charges will apply. Tenant will be charged 2 month’s rent. If Tenant fails to inform Landlord about late arrival date within 7 days of start of Tenancy Agreement it will be classified as no show and full terms and conditions of this Tenancy Agreement will apply, the Tenant will be charged 2 month’s rent. If the student’s University application is rejected by the University in the UAE, the student must provide the rejection letter within 7 days, or prove that the exam results don’t meet the requirements of the University, then cancellation process will take place and full refund will be returned. The student who has not been able to obtain their UAE residency or are facing travel restrictions will be exempt from any cancellation charges, evidence of such occurrences must to be provided within 7 days. Room swaps will not be treated as replacements and refunds of Rent will only be given where the void in the accommodation caused by the student’s early departure has been filled and there is no loss to the Company. The Company shall be entitled to fill any rooms which are already vacant before allocating people on its waiting list to the accommodation. If this Tenancy Agreement is terminated early by the student, before the end of the Tenancy Agreement, the booking fee is NOT REFUNDABLE. Any pre-paid rent will only be refunded for the remaining period of the Tenancy Agreement where the void in the accommodation caused by the student’s early departure has been filled and there is no loss to the Company. If Tenancy Agreement is terminated under clause 16.2, pre-paid Rent will only be refunded for the period for which a replacement has been found and entered into a Tenancy Agreement. The Company’s acceptance of the keys/access cards at any time shall not in itself be effective to terminate Tenancy Agreement while any part of the period of Tenancy remains unexpired. Please allow for up to 45 days for the refund transfer to be completed.
- LIABILITY : There is no insurance coverage for the damage or repair to the furniture, fixtures and electronic appliances. Students assume full responsibility and shall be charged for misuse of those items except for normal wear and depreciation of normal usage. Therefore, the student shall repair such broken items in a timely manner.
- OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES : The Company will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
- CONFIDENTIALITY : If you use Company Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. The Customer is responsible for maintaining the confidentiality of his account.
- NO COMMERCIAL USE : This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Company’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
- COPYRIGHT POLICY : Company may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
- INTELLECTUAL PROPERTY : Although Company is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through Company’s system. The materials available in the Site are Company’s intellectual property, and are protected by intellectual property laws. The materials may not be copied or redistributed either in whole or in part without prior written consent of Company, except as expressly and specifically permitted under these Terms of Use.
- VIOLATION OF TERMS OF USE : You understand and agree that in Company’s sole discretion, and without prior notice, Company may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Company believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Company, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Company for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Company may release user information about you if required by law or subpoena.
- ADVERTISING : The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Company is not responsible for the acts or omissions of any advertiser or sponsor.
- INDEMNITY : You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.
- SEVERABILITY :
- ENTIRE AGREEMENT : These terms and conditions, which have been fully incorporated into and referenced in the Booking/Credit Card Authorization Form constitute the entire agreement between the Company and Customer relating to the subject matter hereof, and supersedes any prior understandings regarding the subject matter.
- APPLICABLE LAW : The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.