eBen Platform Terms and Conditions

Introduction

These are the terms and conditions that will govern your access to and use of our website [HTTP://EBEN001.COM] and its related sites and services (the "Site"). Please read the following terms and conditions carefully before accessing or using the Site or any of the services provided by EBEN FZC (“eBen”) which includes a variety of resources, download areas, communication forums and product information (the “Services”), and consult your legal counsel if necessary. Any questions may be directed at our support team by sending an email to support@eben.work.  eBen is an Employee Benefits platform of content supplied by third parties and Users.  eBen is domiciled in Ajman, United Arab Emirates.  eBen is the sole owner of the Site.

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eBen shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. 

You are responsible for ensuring that all persons who access our Site through your internet connection are aware of all applicable terms and conditions, and that they comply with them.

Acceptance of terms

By accepting these terms and conditions, and by using the Site, you (whether you are a Partner, Supplier, Vendor, Affiliate Subscriber, Customer, Employee or any other person) (the “User”) agree to be legally bound by and comply with these terms and conditions with eBen effective from the date of your acceptance (the "User Agreement"). Please do not access or use the Site or the Services if you do not agree with this User Agreement. 

This User Agreement incorporates by reference other provisions applicable to use of the Site, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in the Site.

If you are registering on the Site as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to use of the Site.  If you are registering as a person, you represent that you are 18 years of age or above before you use the Site.

Membership Obligations, Password and Security

The right to use the Site is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's account (under any screen name or password) (“Account”) and for ensuring that all use of User's Account complies fully with the provisions of this User Agreement.

If any of the Services requires User to open an Account, User must complete the registration process by providing eBen with current, complete and accurate information as prompted by the applicable registration form. We reserve the right to suspend, limit or withdraw your access to the Site should you provide us with inaccurate or wrong information.  User is not allowed to register as a member of the Site more than once.

User will also choose a password. User is entirely responsible for maintaining the confidentiality of User’s password and Account. Furthermore, User is entirely responsible for any and all activities that occur under User’s Account. User agrees to notify eBen immediately of any unauthorized use of User’s Account or any other breach of security. eBen will not be liable for any loss that User may incur as a result of someone else using User’s password or Account, either with or without User’s knowledge. However, User could be held liable for losses incurred by eBen or another party due to someone else using User’s Account or password. User may not use anyone else's account at any time, without the permission of the account holder.

User agree to indemnify eBen against any improper, unauthorised or illegal use of your Account by you or by any person obtaining access to the Site, Services or otherwise by using your designated username and password, whether or not you authorised such access.

Changes in terms and service

Changes in terms

The most current version of the User Agreement can be accessed and reviewed on the Site. eBen shall have the right at any time to change or modify the terms and conditions applicable to User's use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

Change to Service

eBen maintains complete discretion regarding the design and other elements of the overall Site. However, your specific information that you or your employer have included on set up of your Account as approved by us will remain as approved throughout the term of your subscription to the Site. Your continued use of the Service following any programming changes will constitute your acceptance of such changes. Subscriptions are available in a variety of subscription plans. Any changes to subscription plans may be made pursuant to the terms of this User Agreement. You will not receive any rebates, refunds or credits for a change in subscription plan. If you wish to change your subscription plans, please contact us and we will advise you of the cost for the change of your plan.

Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Site and all charges related thereto.

User Conduct

A. User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without eBen's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in eBen's discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with eBen.

B. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United Arab Emirates’ copyright laws, and by extension worldwide under the Berne Convention for the Protection of Literary and Artistic Works. eBen owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of eBen and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, User automatically grants, or warrants that the owner of such material has expressly granted eBen the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants eBen the right to edit, copy, publish and distribute any material made available on the Site by User.

D. The foregoing provisions of the user conduct are for the benefit of eBen, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

3. Publish, post, upload, distribute or disseminate any false, fraudulent, inaccurate, misleading, libellous, inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information, or any content which may be considered as offensive, political, or content that is contrary to the public interest or that threatens national security.

4. Upload, or otherwise make available, files that contain images, photographs, videos, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.

5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.

6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

8. Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

9. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

10. Restrict or inhibit any other user from using and enjoying the Communication Services.

11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

12. Harvest or otherwise collect information about others, including email addresses.

13. Violate any applicable laws or regulations.

14. Create a false identity for the purpose of misleading others.

15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

eBen has no obligation to monitor the Communication Services. However, eBen reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. eBen reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. eBen reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in eBen's sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. eBen does not control or endorse the content, messages or information found in any Communication Services and, therefore, eBen specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. EBen’s administrative managers and hosts are not authorized eBen spokespersons, and their views do not necessarily reflect those of eBen.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of eBen and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

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 SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, EBEN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, EBEN MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. EBEN DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) a copyright notice approved by eBen appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

EBEN AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EBEN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL EBEN AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EBEN AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE

IN NO EVENT SHALL EBEN AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Material Provided to eBen or Posted at Any of Its Websites

eBen does not claim ownership of the materials User provides to eBen (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission, User is granting eBen, its affiliated companies and necessary sub-licensees permission to use User’s Submission in connection with the operation of their internet businesses (including, without limitation, all eBen Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. eBen is under no obligation to post or use any Submission a User may provide and eBen may remove any Submission at any time in its sole discretion. By Posting a Submission, User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in this User Agreement including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by this User Agreement and the Services, (b) User has the rights necessary to grant the licenses and sublicenses described in this User Agreement, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this User Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by this User Agreement, of any of the Services (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER EBEN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

B. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES, INJURY OR FATALITY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT EBEN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL EBEN, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE EBEN SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, EBEN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. eBen is not responsible or liable for any non-performance or breach of any contract entered into between Users and/or Users and Suppliers.  eBen is not responsible for unsatisfactory or delayed performance of Suppliers and Users UNDER ANY CIRCUMSTANCE WHATSOEVER. eBen shall not mediate or resolve any dispute or disagreement between Users and Suppliers. eBen does not provide any warranties and is not liable for any losses, damages or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.

G. THIS SITE DOES NOT CONTAIN INFORMATION REGARDING INVESTMENTS NOR INVESTMENT ADVICE NOR ADVICE AS TO WHICH SERVICE PROVIDERS TO USE. EBEN, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR ANY DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER EBEN, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

H. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

LINKS TO THIRD PARTY SITES

THE LINKS IN THE SITE WILL LET YOU LEAVE EBEN'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF EBEN AND EBEN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. EBEN IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. EBEN IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY EBEN OF THE SITE.

eBen is an Employee Benefits Marketplace (and not a publisher) of content supplied by third parties and Users. Accordingly, eBen has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the Site, are those of the respective author(s) or distributor(s) and not of eBen. Neither eBen nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, User, or other user not under contract with eBen. eBen neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized eBen employee spokespersons while acting in their official capacities.  Under no circumstances will eBen be liable for any loss or damage caused by a User's reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through eBen. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

UNSOLICITED IDEA SUBMISSION POLICY

EBEN AND EACH OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EBEN'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EBEN. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EBEN OR ANYONE AT EBEN. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EBEN MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

Monitoring

eBen shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by eBen and to satisfy any law, regulation or authorized government request. eBen shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, eBen shall have the right to remove any material that eBen, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Payment Method

Any payment related to the use of Site and Services can only be made through Visa or MasterCard or any other credit card in United Arab Emirates Dirhams.  User must retain a copy of transaction records and must maintain a record of all payments made through the Site.

Sanctioned Countries

The Site and Services are not available for countries that are on a sanctioned countries list published by the US Department of Treasury’s Office of Foreign Assets Control (OFAC).

Indemnification

User agrees to defend, indemnify and hold harmless eBen, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Site and Services by User or User's Account and User breach of this User Agreement.

Termination of Service

eBen may terminate this User Agreement at any time. Without limiting the foregoing, eBen shall have the right to immediately terminate User's Account in the event of any conduct by User which eBen, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this User Agreement.

Miscellaneous

This User Agreement and any operating rules, supplemental terms or other terms and conditions for the Site or Services established by eBen from time to time constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

This User Agreement shall be construed in accordance with the laws of the United Arab Emirates and the Emirate of Ajman. All disputes arising out of this User Agreement shall be submitted to the exclusive jurisdiction of Ajman Courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Copyright Notice

eBen and its logos are trademarks of eBen and no User is allowed to use these trademarks without prior permission from eBen.

Trademarks

The names of actual companies and products and services mentioned herein and on the Site may be the trademarks of their respective owners. The example companies, organizations, products, services, employee benefits, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

User Support and Contact Information

You may contact our support team by (1) calling the contact number listed on the Site, available from Sunday through Thursday from 8:00am to 6:00pm UAE time, except for public holidays in the UAE, (2) by creating a Service Request through the “Site” or (3) by sending an email to [support@eben.work].

Supplemental Terms

The below Supplemental Terms shall be applicable interchangeably and binding to all Users (Supplier, Customer and Employee).

Supplemental Terms for Supplier, Vendor, Partner and Affiliate Subscription Plan

• You are considered a supplier if you offer any products or services on the Site (“Benefits”) whether you are a company or an individual (“Supplier”).

• Supplier represents that it is duly licensed by the competent authorities to provide the services on the Site in the United Arab Emirates (“UAE”). The Supplier undertakes to maintain a valid license and to renew it on time.

• The Supplier must inform eBen in writing of the name of the designated person (and any changes thereof) that will be managing the Supplier Account on behalf of the Supplier (“Supplier Administrator”). The Supplier hereby agrees that it shall be responsible and liable for the use of Supplier Account and all actions taken by Supplier Administrator whether the Supplier authorised such use and  actions or not.

• To list a Benefit the Supplier must fill out a request containing all information related to the Benefit including pricing, discount, commissions, terms and conditions related to the Benefit, timeframe and expiry date of the Benefit, and any other information that is required by eBen to list this Benefit.  

• Supplier is responsible to provide the terms and condition of the Benefits. The Supplier undertakes to comply with the terms and conditions of the Benefits sold on the Site.

• Supplier agrees that eBen has the right up to its sole discretion to cancel the subscription and listing of the Supplier on the Site at any time for any reason and without notice. eBen has the right up to its sole discretion to accept, reject, cancel and change the Benefits offered by the Supplier on the Site.

• Supplier agrees that it will provide the Benefits up to promised standards at a level expected of a skilled provider of such services, in a professional manner, up to the customers’ satisfaction, and in accordance with the laws of the UAE.

• Supplier agrees that eBen may request a guarantee from Supplier in the form and manner determined by eBen, and the Supplier undertakes to provide such guarantee upon request.

• Supplier undertakes that they will offer and sell the Benefits on the Site at discounted prices exclusive to the Site users (“Discounted Prices”).

• Supplier agrees that the Discounted Prices are correct as per their offering or Posting of such offering on the Site even if the Discounted Prices are not publicly advertised on the Site.

• Supplier undertakes that the Discounted Prices they are offering on the Site are not offered elsewhere in the UAE. In case the Supplier offers the Benefits at prices lower than the Discounted Prices the Supplier agrees that eBen has the right to offer the Benefits at such lower prices.

• Supplier undertakes not to approach eBen Customers and their Employees to sell them directly same or similar Benefits that are offered on the Site.

• Supplier undertakes to pay eBen the sales commission and/or volume sales incentives that may be agreed between the parties at any time.

• Supplier commits that they will pay all charges and expenses eBen pays to complete the sales process of the Benefits.

• Supplier shall inform eBen if there are any changes in the Discounted Prices of the Benefits and eBen shall have the right to apply the new prices or not at its sole and absolute discretion.

• Supplier authorizes eBen to use their material and product information. Supplier agrees that eBen shall generate sales invoice on their behalf.

• Supplier agrees that eBen shall collect the payment from the Customers on behalf of the Suppliers or their affaliates, and that eBen shall deduct its commission, expenses, charges and taxes before transferring the payment to the Supplier.

• eBen commission is strictly non-refundable and shall not be refunded for any reason whatsoever.   

• Supplier must provide a valid purchasing invoice for every purchase made by the Users within ninety (90) days from the date of purchase in order for eBen to pay the Supplier. If the Supplier fails to provide invoice within the ninety (90) days period the Supplier agrees that the invoice amount and payment shall be forfeited in favour of eBen and shall not be refunded to Supplier.

• eBen will select the suitable payment method for paying the Supplier in agreed intervals. Any payment to Supplier is subject to fulfilment of the services by the Supplier in a manner satisfactory to the Customer and Employee.

• eBen shall have the right, exercisable at any time and with or without notice, to inspect the Supplier premises and all materials, products and services provided by the Supplier.  

• eBen has the right to request Customer and Employee feedback on the Benefits and services provided by the Supplier, and eBen shall have the right to take appropriate action in accordance with this User Agreement.  

• All expenses and taxes related to the sales of the Benefits on the Site shall be paid by the Supplier unless agreed otherwise.

• eBen shall not mediate or resolve any dispute or disagreement between the Supplier, Employee  and/or Customer.

• Supplier hereby expressly acknowledges that any breach of any of the terms and/or conditions set forth in this User Agreement will result in substantial, continuing and irreparable damages to eBen including loss of reputation and loss of business. Therefore, the Supplier hereby agrees that, in addition to any other remedy that may be available to eBen under law and this User Agreement, eBen shall be entitled to compensation for damages to its reputation and business, injunctive relief, specific performance and any other form of compensation or equitable relief to remedy any such breach or threatened breach. The Supplier agrees to pay all expenses, court costs and reasonable attorneys' fees incurred by eBen in connection with seeking compensation for damages, obtaining injunctive relief, and specific performance.

• The Supplier accepts to pay the subscription fee as per this agreement for a minimum duration of one year on either a monthly or yearly basis. 

• The Supplier hereby agrees to indemnify and hold harmless eBen and all of its employees from and against any and all loss, loss of reputation, loss of business, claim, damage, fines, penalties, liability and expense whatsoever, civil and criminal, as incurred, including, without limitation, the costs of any investigation, lawyers, legal and other fees, charges and expenses incurred in connection with, and any amounts paid in settlement of, any action, suit or proceeding (legal and/or administrative) or any claim asserted, to which eBen may become subject under any applicable law (whether in tort, contract or on any other basis) or otherwise, arising out of (directly and indirectly) or based upon or in relation to Supplier non-compliance or breach of this User Agreement.

Supplemental Terms for Customer Subscription Plan

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• You are considered a customer if you are a company (or representing a company) registered on the Site for the purpose of providing Benefits to your employees (“Customer”).

• Customer undertakes that it will offer the Benefits available on the Site to, any or all of, its Employees only.

• The Customer must inform eBen in writing of the name of the designated person (and any changes thereof) that will be managing the Customer Account on behalf of the Customer (“Customer Administrator”). The Customer hereby agrees that it shall be responsible and liable for the use of Customer Account and all actions taken by Customer Administrator whether the Customer authorised such use and  actions or not.

• Customer through Customer Administrator is responsible for registering its Employees and opening Accounts for them on the Site. The Customer undertakes to complete the Employees registration process by providing eBen with current, complete and accurate information as prompted by the applicable registration form.

• Customer acknowledges and agrees that eBen offers no guarantee or assurance in relation to the Suppliers’ performance, quality of Benefits or services. The Customer can provide feedback on the Suppliers service by sending an email to support@eben.work.

• Customer shall have one fund available on the Site which consists of money paid by the Customer to eBen to be used on the Site (“Employer Fund”). The Customer may top up the Employer Fund at any time.

• Customer may distribute any amount in the Employer Fund to any or all of its Employees’ wallet available on the Site to be used to purchase Benefits (“Employee Wallet”).  The Customer or the Employee may top up the Employee Wallet at any time.

• Customer undertakes to cancel the Employee’s Account and subscription to the Site and stop all of the Employee Benefits and services upon termination of the employment relationship with the Employee. 

• Customer acknowledges and agrees that the Suppliers are and shall remain the owners of any material they post on the Site. Customer may not copy or reproduce said materials without prior permission from the Suppliers.

• Customer (and each of its affiliates) undertakes not to approach eBen Suppliers to purchase directly the same or similar Benefits or services offered on the Site.

• Customer is responsible for all taxes and other government or third party fees and charges related to its use of the Site or purchase of Benefits. eBen will invoice the Customer for the applicable tax based on applicable law. The tax invoice will be sent via email to the address provided by the Customer or the Employee.

• Termination of Service by the Customer can be made by giving eBen written notification of at least 30 days. When a termination request is received, eBen will terminate the Services for the Customer all its affiliates and all of its Employees.

• All amounts in the Employer Fund, Employee Wallet, and any other credit held with eBen are strictly non-refundable and shall not be refunded for any reason. Any Customer Account cancellation request shall be deemed as a waiver of the credit in the Employer Fund and Employee Wallet.

• In case Customer cancels the Employee’s Account and subscription to the Site, all amounts in the Employee Wallet (whether paid by Customer or Employee) shall be forfeited in favour of eBen and shall not be refundable unless the Customer transfers these amounts back to the Employer Fund before cancellation.  

• Customer agrees that eBen has the right up to its sole and absolute discretion to cancel the Customer and its Employees’ Accounts on the Site at any time for any reason and without notice.

• The Customer authorises eBen to send on its behalf emails, newsletters, promotions and mobile messages to the Employees. eBen may use email alias of the Customer, and in this case the Customer undertakes to provide eBen with all required access and technical support to use the Customer email alias.  

• eBen shall not mediate or resolve any dispute or disagreement between the Customer, Supplier and/or Employee.

• The Customer hereby agrees to indemnify and hold harmless eBen and all of its employees from and against any and all loss, claim, damage, fines, penalties, liability and expense whatsoever, civil and criminal, as incurred, including, without limitation, the costs of any investigation, lawyers, legal and other fees, charges and expenses incurred in connection with, and any amounts paid in settlement of, any action, suit or proceeding (legal and/or administrative) or any claim asserted, to which eBen may become subject under any applicable law (whether in tort, contract or on any other basis) or otherwise, arising out of (directly and indirectly) or based upon or in relation to Customer non-compliance or breach of this User Agreement.

Supplemental Terms for Employee Subscription Plan

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• You are considered an employee if your employer opened an Account for you on the Site for the purpose of allowing you to access the Benefits offered on the Site (“Employee”).

• You acknowledge and agree that each of your employer and/or eBen has the right to cancel or modify Employee Account and access to Site at any time without notice.

• Employee acknowledges and agrees that eBen offers no guarantee or assurance in relation to the Suppliers’ performance, quality of Benefits or services. The Employee can provide feedback on the Suppliers service by sending an email to support@eben.work.

• Employee must read and accept all the terms and conditions of the Benefit before purchase. Employee undertakes to fulfil its obligations in relation to the availed Benefits. Employee undertakes to comply with the terms and conditions of the Benefits sold on the Site.

• If the Employee is availing Benefits for its family members, the Employee undertakes to provide eBen with current, complete and accurate information of the beneficiaries.

• Employee undertakes and covenants not to approach eBen Suppliers to purchase directly the same or similar Benefits offered on the Site as long as they are employees of the Customer.

• You represent that you are the owner of the credit card you use to purchase or subscribe to Benefits or top-up your Employee Wallet.

• Employee eligibility to subscribe to certain Benefits shall be determined by the employer. eBen is not responsible to keep track of or provide advice or reports on Employee eligibility for Benefits. 

• eBen will not provide Benefits subscription information to any third party. 

• All Benefits offered are non-refundable unless stated otherwise in the Benefit terms and conditions.

• All Benefits listed on the Site are voluntary Benefits unless stated otherwise by your employer.

• You understand that the Benefits offered on the Site are not part of your employment contract and that you cannot oblige your employer to provide you with any of these Benefits.

• Your subscription to the Site will terminate automatically when your employment relationship ends with your employer.

• The Employee Wallet is not part of your compensation or your employment contract.

• All amounts in the Employee Wallet whether paid by your employer or paid by you are strictly non-refundable and shall not be refunded for any reason.

• The internal approvals required to avail Benefits by the Employee are determined by the employer.

• Suppliers shall have the right to reject subscription in any Benefit for any reason.  

• Return or exchange of Benefit by Employee is not allowed unless stated otherwise and it will be subject to the terms and conditions of the Benefit.

• eBen shall not mediate or resolve any dispute or disagreement between the Employee,  Supplier and/or Customer/employer.

• The Employee hereby agrees to indemnify and hold harmless eBen and all of its employees from and against any and all loss, claim, damage, fines, penalties, liability and expense whatsoever, civil and criminal, as incurred, including, without limitation, the costs of any investigation, lawyers, legal and other fees, charges and expenses incurred in connection with, and any amounts paid in settlement of, any action, suit or proceeding (legal and/or administrative) or any claim asserted, to which eBen may become subject under any applicable law (whether in tort, contract or on any other basis) or otherwise, arising out of (directly and indirectly) or based upon or in relation to Employee non-compliance or breach of this User Agreement.

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