Terms of Use

EcoCentric LTD and its affiliates (“EcoCentric,” “ecocentric.eco”, Ecocentric “we,” “our,” or “us”) own and operate a website Ecocentric.eco and associated webpages (“Sites”) and applications. These Terms of Use (the “Agreement”) constitute a contract between you and us that governs your access and use of EcoCentric platform. By accessing and/or using EcoCentric platform or our services through EcoCentric platform, you agree to all the terms and conditions of this Agreement. If you do not agree, do not use EcoCentric platform. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Sites.

Important: please review the “dispute resolution” section set forth below carefully, as it will require you to resolve all disputes with EcoCentric through binding individual arbitration. you acknowledge and agree that you and EcoCentric are each waiving the right to a trial by jury. you further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding against EcoCentric. by entering this agreement, you expressly acknowledge that you have read and understood, and agree to be bound by, all of the terms and conditions of this agreement and have taken time to consider the consequences of this important decision.

EcoCentric connects diners/customers with local takeout restaurants, Grocery stores & eco-friendly merchandise. You may order food through the EcoCentric app to be delivered or picked up from particular restaurants. Sellers on EcoCentric are collectively referred to as “vendors”.

Category: Restaurants, bakery, coffee shops

EcoCentric is not a restaurant or food preparation entity. The restaurants available on our Sites (collectively, the “restaurants”) operate independently of EcoCentric. The restaurants are required to comply with UAE laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. EcoCentric is not liable or responsible for the restaurants’ food preparation or safety and does not verify their compliance with all applicable laws. EcoCentric provides restaurants with food grade certified containers in which they may serve food. It is up to the restaurants to use the food containers in a manner consistent with applicable law. In addition, EcoCentric does not guarantee the quality of what the restaurants or other food purveyors sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third party delivery service. EcoCentric does not independently verify, and is not liable for, representations made by restaurants regarding their food, including, without limitation, any menu- or restaurant-level descriptors or disclosures.

You may only create and hold one account on the EcoCentric platform for your personal use (an “Account”). You may have another account if you are using EcoCentric platform as part of a corporate account created for business purposes pursuant to a separate agreement with EcoCentric. In consideration of the use of EcoCentric platform and the services contained therein, you agree that you are able to create a binding legal obligation with EcoCentric, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.

EcoCentric platform may permit you to make purchases without an Account or without logging in to your Account. If you make a purchase in this manner, we may create an Account for you based on the information provide to us in connection with the transaction (e.g., your name, phone number, email address, and other transaction information). If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use EcoCentric platform, and your parent or legal guardian must read and agree to this Agreement prior to your using EcoCentric platform. Notwithstanding the foregoing, you are not authorized to use EcoCentric platform if you are under the age of 13. If you are using EcoCentric platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.

If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if EcoCentric has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, EcoCentric has the right to block your current or future use of EcoCentric platform (or any portion thereof) and/or terminate this Agreement with you. If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits or promotional offers and any other forms of unredeemed value in or associated with your Account without prior notice to you.

You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third party login. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify EcoCentric of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. EcoCentric will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.

Certain features of EcoCentric platform, including, without limitation, the placing of orders, may require you to make certain payments. When paid by you, these payments are final and non-refundable, unless otherwise determined by EcoCentric, such as refundable deposits for the use of EcoCentric containers. EcoCentric, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.

When you order through EcoCentric, you may receive a reusable container or containers. You must return such container(s) to EcoCentric, within specified days of your receipt of the container(s). If you do not return them, you will be charged, and you grant EcoCentric the right to charge, your credit card or other authorized method of payment of pre-agreed amount for each unreturned container.

EcoCentric will charge, and you authorize EcoCentric to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, EcoCentric may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In the event EcoCentric advances payment for any of your orders placed via EcoCentric platform (e.g., if you sign up for a corporate account), EcoCentric may separately send you invoices for payment of those advanced amounts. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the “Payment Due Date”), you grant EcoCentric the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law.

EcoCentric reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the services at any time. EcoCentric may also, in its sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.

  1. User Conduct

By accessing EcoCentric platform, you agree:

  • to comply with all applicable laws in connection with your use of The EcoCentric platform, including, without limitation, laws regarding online conduct and submission of acceptable User Content;
  • not to use the EcoCentric platform or the services or submit content to the EcoCentric platform if you are under the age of 13;
  • not to access EcoCentric platform or services using a third party’s account/registration without the express consent of the account – holder and not to attempt to impersonate another user or person;
  • not to attempt, through any means, to gain unauthorized access to any part of the EcoCentric platform and/or any service, other account, computer system, and/or network connected to any EcoCentric server and not to otherwise use EcoCentric platform or services in any manner that could damage, disable, overburden, and/or impair any EcoCentric server, or the network(s) connected to any EcoCentric server, and/or interfere with any other party’s use and enjoyment of EcoCentric platform;
  • not to advertise to, or solicit, any user, restaurant, or other business to buy or sell any products or services, or use any information obtained from the EcoCentric platform or the EcoCentric services in order to contact, solicit, or advertise or sell to any user, restaurant, or other business, in each case, unless specifically authorized in writing by EcoCentric;
  • not to deep-link or frame to the EcoCentric platform and/or access the EcoCentric platform manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the EcoCentric platform and/or any Materials and/or other content on EcoCentric platform, unless specifically authorized in writing by EcoCentric;
  • not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from EcoCentric platform;
  • not to create or compile, directly or indirectly, any collection, compilation, database, or directory from EcoCentric platform or Materials;
  • not to create vendor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of EcoCentric platform;
  • not to copy, publish, or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
  • not to harass, annoy, intimidate, or threaten any EcoCentric employees, contractors, or agents engaged in providing any portion of EcoCentric ‘s services;
  • not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming (including, without limitation, by email or instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any User Content (as defined below) or from any portion of EcoCentric platform or EcoCentric’s services;
  • not to disrupt, interfere with, or otherwise harm or violate the security of EcoCentric platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through EcoCentric platform or affiliated or linked sites (including, without limitation, those of our restaurant partners); and
  • not to use EcoCentric platform for any illegal purposes or in any way otherwise inconsistent with any and all applicable laws, rules, and regulations.

You agree to comply with the above user conduct, and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of User Content or Materials from EcoCentric platform or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that EcoCentric will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.

  1. Content You Provide

EcoCentric may provide you with interactive opportunities (i) on the EcoCentric platform, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked vendors, user profiles and pictures, as well as (ii) through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (collectively, “Interactive Areas”). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to EcoCentric through EcoCentric platform or otherwise in connection with your use of our services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (“User Content”). User Content includes, without limitation, textual, visual, or audio content and information, whether transmitted via EcoCentric platform, SMS or MMS message, or otherwise.

III. Use of Your Content

You grant EcoCentric an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use User Content in connection with EcoCentric’s or its partners’ or affiliates’ business and in all forms of media now known or hereafter invented (collectively, the “Uses”) without notification to and/or approval by you. You further grant EcoCentric a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been an EcoCentric diner, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. Further, if you provide any suggestions, input, or other feedback relating to EcoCentric platform or the services we provide (collectively, the “Feedback”), EcoCentric shall have the right to freely and fully exercise and exploit the Feedback in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you. Accordingly, you hereby grant EcoCentric a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to all rights necessary to incorporate and use the Feedback for any purpose.

User Content transmitted to certain parts of EcoCentric platform, including, without limitation, vendor pages and certain Interactive Areas, may be posted in public areas on our platform, including, without limitation, in a compilation format, and as such will be publicly visible and accessible. You further understand and agree that you may be exposed to third party User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. EcoCentric and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your User Content, or for any damages you allege to incur as a result of or relating to any third party User Content.

  1. Conduct within Interactive Areas

By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on EcoCentric platform. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:

  • is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; has a commercial, political, or religious purpose;
  • is false, misleading, and/or not written in good faith;
  • infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
  • is illegal and/or promotes illegal activity;
  • contains unauthorized advertising and/or solicits users to a business other than those on the EcoCentric platform; and/or
  • is intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Materials on the EcoCentric platform or other websites.

We do our best to encourage civility and discourage disruptive communication on the EcoCentric platform. We also do our best to discourage communications that incite others to violate our standards. EcoCentric may monitor any and all use of EcoCentric platform, including, without limitation, interactions between our users; however, we are under no obligation to do so. We may manage EcoCentric platform in a manner intended to protect our property and rights and to facilitate the proper functioning of EcoCentric platform. If any User Content or conduct on our Sites violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples’ enjoyment of the Materials or our Sites; or is inappropriate in our judgment; we reserve the right, in our sole discretion, to change, delete or remove, in part or in full, any such User Content or Materials, and we further reserve the right to terminate or suspend access to any Interactive Areas or any Sites. EcoCentric will cooperate with the UAE authorities to the extent required by applicable law in connection with User Content.

  1. Ratings and Reviews

The EcoCentric platform and other Interactive Areas may allow you to rate (“Ratings”) and post reviews (“Reviews”) of restaurants and other businesses. Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and EcoCentric platform’ standards of conduct. Ratings and Reviews are not endorsed by EcoCentric, and do not represent the views of EcoCentric or of any affiliate or partner of EcoCentric. EcoCentric does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the vendor within the 7-day period prior to your review; (2) you may not have a proprietary or other affiliation with either the vendor or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants’ products, services, or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or EcoCentric platform may be removed or excluded by us without notice.

By voluntarily providing your cell phone number to EcoCentric, you agree that EcoCentric may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such messages may be sent using an automatic telephone dialing system. You may unsubscribe from receiving text messages from EcoCentric at any time. To revoke your consent to receiving SMS or MMS messages from EcoCentric, please follow the unsubscribe procedures described on our platform.

Customers placing orders through EcoCentric platform may receive two or more order status messages from EcoCentric about each order. To unsubscribe from order-related messages, just reply “STOP” to the number sending the message. To resubscribe, text “START” to the same number from the phone number associated with your account. If you need assistance, text “HELP”. Please note that unsubscribing from one Site will not automatically unsubscribe you from another Site. For example, if you unsubscribe from EcoCentric order-related messages, you may still receive order-related messages when you place an order through Seamless, unless you also unsubscribe from Seamless order-related messages.

Additionally, customers may receive messages from EcoCentric following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback messages by replying “STOP” to the number sending the feedback messages. To resubscribe, text “START” to the number sending the feedback messages using the phone number associated with your account. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from EcoCentric, the vendor, or your delivery person regarding your order or its delivery unless you also text “STOP” to the number sending the order-related messages, and even in such event, you may still receive individual texts from the restaurant or your delivery person to enable successful delivery of your order.

You may also receive text messages in response to certain Customer Care requests. To unsubscribe from Customer Care messages, just reply to the message by texting “STOP” to the number sending the message.

If you unsubscribe from receiving text messages from EcoCentric through the process described above, you may continue to receive text messages for a short period while EcoCentric processes your request(s). If you change or deactivate the phone number you provided to EcoCentric, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive EcoCentric’s standard SMS or MMS messages unless you also unsubscribe via the above procedures.

Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (Du etisalat, etc.) is not liable for delayed or undelivered messages.

Limitation of liability

To the fullest extent permissible by applicable law, in no event shall EcoEentric be liable to you for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss or damages whatsoever (including personal injury, loss of data, revenue, profits, reputation, use, or other economic advantage), even if EcoCentric has been previously advised of the possibility of such damages, arising out of a warranty, contract, or negligence action that in any manner arises out of or in connection with the use, inability to use, performance of, or services provided on or through EcoCentric platform. EcoCentric assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from EcoCentric platform. EcoCentric assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through EcoCentric platform, as well as any third party website pages or additional websites linked to this site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein, or harm to person or property caused thereby. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event shall EcoCentric’s total liability to you for all damages, losses and causes of action, whether in warranty, contract, or tort exceed (a) the amount paid by you to EcoCentric or a EcoCentric restaurant partner, if any, or (b) $1,000 (whichever is less). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

You and EcoCentric agree that the warranty disclaimers and limitations of liability in this agreement are material, bargained-for bases of this agreement, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and EcoCentric agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable. If you are dissatisfied with EcoCentric platform or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using EcoCentric platform, except as may be otherwise provided for in this section.

The EcoCentric platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). EcoCentric does not review, monitor, operate and/or control the Third Party Websites and EcoCentric makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, EcoCentric is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third Party Websites, including, without limitation, providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. EcoCentric reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

Your use of EcoCentric platform is subject to any and all additional terms, policies, rules, or guidelines applicable to EcoCentric’s services or certain features of EcoCentric platform that we may post or link to on EcoCentric platform (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on EcoCentric platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located athttps://maps.google.com/help/terms_maps.htmland the Google Privacy Policy located athttps://www.google.com/intl/ALL/policies/privacy/index.htmlAll such Additional Terms are hereby incorporated into this Agreement by reference.

EcoCentric respects the intellectual property of others, and we ask all of our users to do the same.

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on EcoCentric platform;
  4. Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  5. A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement. Further, EcoCentric reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, EcoCentric platform and/or services offered on or through EcoCentric platform (or any part thereof), including but not limited to EcoCentric platform’ features, look and feel, and functional elements and related services. We will have no liability whatsoever on account of any change to EcoCentric platform or any suspension or termination of your access to or use of EcoCentric platform. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of EcoCentric platform and services provided herein.

Upon termination of this Agreement for any reason or no reason: (i) your access rights will terminate and you must immediately cease all use of EcoCentric platform; and (ii) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) “Your Content and Conduct;” (ii) “Disclaimer;” (iii) “Limitation of Liability;” (iv) “Important Note to New Jersey Consumers;” (v) “Termination and Violations of this Agreement;” (vi) “Dispute Resolution;” and (vii) “Waiver and Severability.”

EcoCentric reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to EcoCentric platform from a particular account, device and/or IP address.

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.

We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the “Terms of Use” link available on our Sites (“Updated Terms”). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use EcoCentric platform after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using EcoCentric platform. Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute.

You acknowledge and agree that your access to and/or use of EcoCentric platform, the Materials, and other content on EcoCentric platform is subject to all applicable international, and UAE laws and regulations. The terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the UAE, without regard to its conflict of laws principles.

  1. Arbitration and Class Action Waiver.

You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of EcoCentric platform, the Materials, and/or other content on EcoCentric platform, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and EcoCentric are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and EcoCentric otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use. You further acknowledge that any claim arising under this Agreement must be brought within one year of its accrual or it will be waived.

  1. Arbitration Rules

The arbitration will be administered in accordance with the UAE Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

III. Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the UAE Law.

Arbitration Location and Procedure

Unless you and EcoCentric otherwise agree, the arbitration will be conducted in the Emirate where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and EcoCentric submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the UAE Rules. Subject to the UAE Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

  1. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the UAE Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide the relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. EcoCentric will not seek, and hereby waives, all rights EcoCentric may have under applicable law to recover attorneys’ fees and expenses if EcoCentric prevails in arbitration.

  1. Fees

Your responsibility to pay any arbitration filing, administrative and arbitrator fees will be solely as set forth in the UAE Rules. However, if your claim for damages does not exceed $25,000, EcoCentric will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.

VII. Changes

EcoCentric reserves the right to change this “Dispute Resolution” section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, if EcoCentric changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of EcoCentric platform after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing EcoCentric written notice of such rejection by the email address associated with your account to: info@ecocentric.eco, within 30 days of the date such change became effective, as indicated in the “Effective” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and EcoCentric in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).

Any waiver by EcoCentric of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.

This Agreement, together with any amendments and any additional agreements you may enter into with EcoCentric in connection with EcoCentric platform and the services hereunder, shall constitute the entire agreement between you and EcoCentric concerning EcoCentric platform and the services hereunder.

If you have any questions regarding this Agreement, please visit our “Contact Us” page for answers and our contact information.

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