Terms and Conditions

Welcome to Foundous. These terms and conditions outline the rules and regulations for the usage of our website. Please read these carefully before proceeding.

We may amend this agreement from time to time and will update this page accordingly.  You may read this page each time you use our service, and your continued use of our service shall constitute the acceptance of any such amendments.

1.  Definitions

Throughout this agreement, we may use certain words or phrases. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these terms of service;

“Foundous” refers to our company, known as “Foundous Fze,” our site, our service, or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that we provide through our site, including our website design services and our site itself;

“Site” refers to our website, www.foundous.com;

“User” refers to anyone who uses our service, including general visitors to our site;

“You” refers to the person entering into this agreement with Foundous.

2.  Eligibility

To use our service, you must meet a number of conditions, including but not limited to:

• You must not violate any laws of the Emirate of Fujairah of the United Arab Emirates or other countries having jurisdiction over this agreement, Foundous, and yourself.
• You must be the minimum age required to enter into a contract in the area in which you reside and, in any event, must not be less than 18 years of age.
• You must not be signing up for a natural person other than yourself.
• If signing up on behalf of a person other than a natural person, you must be authorized to bind that person to this agreement. You hereby agree that you are doing so and that you and that person shall be held jointly and severally liable for any breaches of this agreement that either you or that person commit. 
• You must provide us with personal information, payment information, and other information necessary to provide you with our service.

3.  Disclaimer

Notwithstanding any other communications made by us to you, including on our site, directly or otherwise, you agree that our service is offered on an as-is, where-is basis and that Foundous is not responsible for any loss that you may incur as a result of your use of our service. 

We cannot guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice. Your use of our services is at your sole discretion. 

Foundous, its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components, or d) the results of using the service will meet your requirements.

4.  Limitations of Liability

In no event shall Foundous, nor its affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from 

1. Your access to or use of or inability to access or use the service
2. Any conduct or content of any third party on the service
3. Any content obtained from the service 
4. Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

5.  Rules of Use

You must not:

• Violate the laws of the United Arab Emirates or any foreign political entity having jurisdiction over this agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
• Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Foundous or its delegates.
• Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
• Compromise the security or integrity of the Foundous site, service, or its users’ computers.
• Do anything that brings Foundous into disrepute or violates the rights of any person.

6.  Our Copyright

By using our service, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our site or our site itself without our prior written permission.  This includes but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing the materials we provide, even if such materials are publicly available.  Such copying has the potential to affect certain copyrights that we may hold in the arrangement of our data and can also negatively impact our network capacity.

7.  Your Copyright

Foundous must be assured that it has the right to use the content that is posted to its site by its users.  Such content may include, but is not limited to, photographs, videos, text, audio, and other materials.  Whenever submitting content to our site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial, and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us.  You warrant to us that you have the right to grant us this right over the content, that you will indemnify us for any loss resulting from a breach of this warranty, and defend us against claims regarding the same.

8.  Trademarks

“Foundous Fze” is the trademark we use to identify our site, service, and business uniquely.  You agree not to use our trademark anywhere or copy the design of our site without our prior written consent. 

9.  Revocation of Consent

We may revoke our consent for your use of our intellectual property or any other permission granted to you under this agreement. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

10.  Copyright & Trademark Infringement

We fully comply with the United Arab Emirates’s federal law no. 7 of the year 2002 concerning copyrights and neighboring rights as well as federal law no. 37 of 1992 on trademarks, as amended.  Additionally, though we do not acknowledge being subject to the jurisdiction of any foreign laws or courts, we may voluntarily comply with foreign copyright legislation that is not inconsistent with the laws of the United Arab Emirates. Therefore, if you believe that your intellectual property rights have been infringed under Emirati law, send us a message which contains:

Your name. The name of the party whose rights have been infringed (if different from your name). The name and description of the work that is being infringed. The location on our website of the infringing copy (a URL or list of URLs is preferable). Your electronic signature.

Please send this to us at support@foundous.com 

11.  Defamation

Foundous complies with federal law no 3 of 1987 and any other Emirati laws regarding defamation.  If you believe that you have been defamed by us or a user, please notify us immediately by contacting support@foundous.com, and we will take action to remove the offending material.

12.  Representations & Warranties

We make no representations or warranties regarding the merchantability of our service or fitness for any particular purpose.  You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to if such a minimum exists.

You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.

You agree that we are not responsible for any failure by a payment processor, including your credit card company, to direct payments to the correct destination or any actions on their part in placing a hold on your funds.

You agree that we are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website, which prevents access to our website temporarily or permanently.

The provision of our service to you is contingent on your agreement with this and all other sections of this agreement.  Nothing in the provisions of this “representations & warranties” section shall be construed to limit the generality of the first paragraph of this section.

13.  Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party that may arise from or relate to this agreement or the provision of our service to you, including any damages caused by your use of our site or acceptance of the offers.  You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as the one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

14.  Choice of Law

This agreement shall be governed by the laws in force in the Emirate of Fujairah in the United Arab Emirates.  The offer and acceptance of this contract are deemed to have occurred in the Emirate of Fujairah. 

15.  Forum of Dispute

You agree that any dispute arising from or relating to this agreement will be heard solely by a court of competent jurisdiction in the Emirate of Fujairah.  Specifically, where the subject matter of a dispute is eligible, you agree that any disputes shall be heard solely before the lowest civil court of competent jurisdiction in the Emirate of Fujairah.

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the small claims court, you agree not to bring the other claims against us and to proceed instead within the small claims court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the small claims court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the small claims court.

You agree that if a dispute is eligible to be heard in small claims court, but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the small claims court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

16.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

17.  Severability

In the event that a provision of this agreement is found to be unlawful, conflicting with another provision of the agreement, or otherwise unenforceable, the agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this agreement are deemed to conflict with each other’s operation, Foundous shall have the sole right to elect which provision remains in force.

18.  Non-Waiver

Foundous reserves all rights afforded to us under this agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

19.  Termination & Cancellation

We may terminate your access to our site and service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services that have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our service to you, will we be liable for any losses related to the actions of other users.

20.  Assignment of Rights

Without our written consent, you may not assign your rights and/or obligations under this agreement to any other party.  We may assign our rights and/or obligations under this agreement to any other party at our discretion.