Dreamport User Agreement (Effective From July 14, 2023)
Dreamport User Agreement (Effective From July 14, 2023)
Dreamport User Agreement (Effective From July 14, 2023)
Introduction
a. This User Agreement (“Agreement”) contains important information about your legal
rights and obligations, and is a legally binding agreement between you (“you” or “User”)
and Dreamport Management (DIFC) Ltd (“Dreamport”, “Company,” “we”, or “us”),
governing your use of the website (https://www.dreamport.me/) (“Site”) and Platform as
defined in Section 1.
b. If you want to collaborate with us by registering an account, you must first read and agree
to the Terms of Use. “Terms of Use” means every agreement linked herein and includes
this Agreement and any other policies and/or procedures which might be adopted in the
future regarding usage of the Platform and published on the Site. You should read all our
terms carefully because you are bound by these terms once accepted and you are
obliged not to break any agreements and/or policies in the Terms of Use.
c. If you don’t want to conclude the Terms of Use or don’t understand the Terms of Use or
you don’t agree to all of its terms and conditions, you may not use our Platform. If you do
not understand or agree to the Terms of Use, do not click to accept the Terms of Use,
“Sign Up”, “Create My Account”, or similar, and do not use our Platform otherwise. A few
notes regarding interpretation of this Agreement:
The reference to the “Section” means a section of this Agreement.
The term “including” as used herein means including without limitation.
1. PLATFORM DESCRIPTION
We developed a new solution, the online Dreamport Platform (“Platform”), that we are
going to further improve, extend and advance. The Platform shall offer a virtual
environment and ecosystem of tools and processes to cater to providing efficient
application, onboarding, training, examination, and, ultimately, operational performance
of Independent Travel Managers (“ITM”). Independent Travel Managers support
travelers in planning their trips by providing exceptional service in: booking flights or
accommodation, arranging cruises, renting cars, looking for resort stays, and managing
events.
ITMs provide their services based on separate independent freelance service
agreements and are engaged on a ‘business-to-business’ principle as independent
contractors. Nothing under this Agreement creates an employment, agency, or joint
venture relationship between Dreamport and any User or ITM. A user may be treated as
an ITM only in the case of due execution of a Service Agreement (as this term defined
under Section 7 (Service Agreement) below) as provided further.
User acknowledges and agrees that he or she, and not Dreamport, is solely responsible
for (a) evaluating and determining the suitability of the ITM role and rendering freelance
services; (b) assessing whether to enter into a Service Agreement; (c) deciding whether
to enter into a Service Agreement as well as the contract terms, and (d) negotiating,
agreeing to, and executing any terms or conditions of the contracts as ITMs and for
performing and monitoring performance under them.
Nothing in this Agreement is intended to or does prohibit or discourage any User from
engaging in any other business activities or providing any services through any other
channels they choose. Users are free at all times to engage in such other business
activities and services and are encouraged to do so.
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We are happy to invite you for your registration, first acquaintance and future cooperation.
3. DREAMPORT ACCOUNT
Note: To get the access to the training program you must register on the Platform. The
key steps for creating and operating your account on the Platform are briefly described
on the Site here: https://www.dreamport.me/how-to-join. Please note, however, that
reviewing the above Site section cannot release you from the necessity to read this
Agreement carefully.
3.1 Application
You must register for an account with us (“Account”) to access and use our Site and the
Platform. To register your Account, you need to fill in an application form. Please go to
https://apply.dreamport.me/registration and follow the prompts to create your Account.
You will be required to provide information on your name, location of residence, cell
phone number, email and other details as may be requested on the Site.
Please note that when creating your Account and filling out the application form you
should complete all the requested information accurately. All future changes to your
Account data will be subject to a separate request by you to us and will be approved only
for a valid reason.
Your Account application is subject to approval by the Company. We reserve the
right to decline your application and registration either to join the Platform or to
add an Account of any type, for any lawful reason, including supply and demand,
cost to maintain data, or other business and internal considerations.
The Company offers access to the Platform for your business purposes only and not for
personal or consumer use.
By registering for an Account or by using the Platform, you represent, agree and confirm
that: (a) you are an individual who reached the age of majority in your country, and that
you can form legally binding contracts; (b) you will only have one Dreamport Account
registered under your own name as a self-employed individual/sole proprietor and you
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will use the Platform for business purposes only; (c) will comply with any licensing,
registration, or other requirements with respect to providing services to us; (d) you are
not already restricted by Dreamport from using the Platform.
Creating an account on behalf of others is a violation of these Terms of Use.
3.3.2 Disclaimer. Although the Site is accessible worldwide, not all Platform features
discussed, referenced, provided, or offered through or on the Site are available to
all persons or in all geographic locations. We reserve the right to limit, in our sole
discretion, the provision and quantity of any feature, or access to the Platform to
any person or geographic area. Any offer for any feature made on the Site is void
where prohibited. If you choose to access the Site, you do so on your own initiative
and you are solely responsible for complying with applicable local laws.
3.4 Registration
If your Account application is successful, you will receive an email with further instructions
to proceed with your Account registration (‘registration email’). At this stage, we will ask
you to provide the following information:
(a) years of your professional experience;
(b) your professional skills and competence;
(c) education;
(d) which languages you know;
(e) other information as may be requested on the Site registration page.
The above information shall be submitted by you on the Site within the time limit indicated
in the registration email. If this time limit expires, you will have to apply for the Account
registration again as described under Section 3.1 (Application).
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investigative demand, or other similar process, or by any law, rule or regulation of any
governmental agency or regulatory authority.
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3.10 Data Protection Principles
Each User and/or ITM is a separate business project. Dreamport treats each User and/or
ITM as an independent contractor – legal persons. Data provided by Users and/or ITMs
means “personal data which concerns legal persons” (B2B relationships) and is
necessary to access the Platform. As a result, Dreamport uses best practices originated
from provisions of data protection laws and guides, at the same time, Dreamport as a
party in B2B relationships may derogate from those laws and guides.
When you create your Dreamport Account, you agree that we may contact you via email,
WhatsApp and other messengers, telephone calls and other means of communications
(“Communications”). Our Communications will mainly relate to the Dreamport and the
Platform. When contacting you, we assume that you are interested in collaboration with
us and in receiving those Communications. However, if you are not interested in
Dreamport anymore, you may opt out of the Platform and of receiving Communications
by terminating your Account according to the Section 14.1 (Termination) below.
4. DATA ACCURACY
4.1 Accuracy of your data
When creating and operating your Account on the Platform, you must provide accurate
and complete information on your profile and on all registration and other forms you
access while using our Platform or provide to us and you agree to keep that information
up to date. You agree not to provide any false or misleading information about your
identity or location, your business, your skills, and you agree to amend and keep up to
date any information that is or becomes false or misleading. We reserve the right to
suspend or terminate the Account, or access to our Platform, to anyone who provides
false, inaccurate, or incomplete information in creating or maintaining an Account.
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make to verify your identity. During verification, some Account features may be
temporarily limited but will be restored if verification is successfully completed.
6. TRAINING
6.1 Access to the Training
Upon successful completion of the Assessment, we will set up a training program for you
in order to reach the maximum effect from our collaboration (“Training”). The Training
includes various courses, trainings, sessions and tests. Please note that it may take some
time to design such a program. Once ready, your Training will be accessible via a special
button at your Personal Space.
The summary of the available courses and your progress together with prompts on the
training completion will be available at your Training space.
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6.2 Time is of the essence
We expect that you complete your Training within a reasonable period of time after you
receive access to the Training. If it takes too long, we may conclude that you are not
interested in further collaboration with us and terminate your Account without any prior
notice to you.
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training completion are awarded to you at the Training, there is no presumption that any
other institutions or employers will accept such certificates. You agree not to accept credit
for completing the training course. We, instructors, and the associated Content Providers
have no obligation to have the training program recognized by any educational institution
or accreditation organization. The training program is prepared solely for the purposes of
the success of our potential future collaboration.
6.7 Plagiarism
Plagiarism is the representation of another person’s language, thoughts, ideas, or
expressions as one's own original work. It also includes the practice of engaging or
allowing another person to modify or revise your work, and then submitting the work as
your own. All your submissions and test results must be original works done
independently by you. Plagiarism is unacceptable on the Platform, and is a serious
violation of this Agreement. If some or all of your assignment/test results is/are identified
as plagiarism, the following actions may be taken:
(a) You will be notified that your assignment/test results was/were found to be
plagiarized, and a report of the plagiarism case will be considered by us.
(b) You will fail the plagiarized assignment/test. If your assignment/test previously
received a passing score, the score will be reverted to zero %.
(c) If the failed assignment sufficiently reduces your training course score to a non-
passing grade, the certificate will be withheld or revoked.
(d) Removal from the training program and/or from the Platform, termination of your
Account without any prior notice to you.
You may not share your solutions to homework, quizzes, or tests with anyone else. This
includes anything written by you, as well as any official solutions provided by the training
course staff.
You may not engage in any other activities that will dishonestly improve your test results
or dishonestly improve or damage the results of others.
Nothing in this Agreement shall restrict the applicability to you of any policies established
by our content partners in connection with their content; such policies shall supplement
this Agreement and to the extent there is a conflict between such policies and this
Agreement, as between you and our content partners, our content partner’s policies shall
govern.
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Dreamport and/or Affiliate of Dreamport, we may immediately terminate this Agreement
with you, your right to use the Platform will be revoked, and your Account will be closed.
We also may initiate any legal or other proceedings or investigation that will be
appropriate against you or the respective competitor.
This Section 6.8 (Training on the Platform in the interest of competitors is prohibited)
applies in addition to Section 12 (Intellectual Property) and shall not limit its scope in any
part.
For the purposes of this Agreement “Affiliates” shall mean a person that directly, or
indirectly through one or more intermediaries, owns or controls, is owned or is controlled
by, or is under common ownership or control with, another person.
7. SERVICE AGREEMENT
Upon completion of your training program as provided under the Section 6 (Training)
above, we or our Affiliate that seeks to obtain the ITM’s services (we or the respective
Affiliate further referred to as a “Client”) and you may consider entering into a contract
governing the ITM’s services to be performed by the ITM for a Client (“Service
Agreement”).
Execution of a Service Agreement is a voluntary decision of each party. Each party is
solely responsible for deciding whether to enter into a Service Agreement. The Client may
refuse to enter into a Service Agreement without any explanation for any lawful reason,
including supply and demand, cost to maintain data, availability of projects for outsource
or other business and internal considerations.
If the parties decide to proceed with execution of the Service Agreement the parties may
consider using the standard Service Agreement (“Standard Agreement”) provided by
Dreamport.
Users are solely responsible for deciding whether to use the Standard Agreement, and
Dreamport does not assume any responsibility for any consequence of using the
Standard Agreement by Users. The Standard Agreement is not intended to and does not
(a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute
advertising or a solicitation of any type. You should seek professional advice regarding
the execution of the Standard Agreement for your particular needs.
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the User/ITM’s obligations under applicable laws and regulations with respect to invoicing
and reporting, collecting, or remitting any applicable taxes or charges; and (d) if outside
of the United Arab Emirates, determining if the Client is required by applicable law to
withhold any amount of the User/ITM’s fees and notifying the Client of any such
requirement and indemnifying the Client for any requirement to pay any withholding
amount to the appropriate authorities (including penalties and interest). In the event of an
audit of the Client, the User/ITM agrees to promptly cooperate with the Client and provide
copies of documents as may be reasonably requested for purposes of such an audit,
including but not limited to records showing the User/ITM is engaging in an independent
business as represented to the Client.
9. DREAMPORT FEES
Dreamport does not charge Users any fees for the training programs. The access to the
Platform and further access to the Training is provided by the Company on a free of
charge basis.
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The liability of Dreamport, our Affiliates, our licensors, and our third-party service
providers to any User for any claim arising out of or in connection with this Agreement or
the other Terms of Use will not exceed 500 US dollars.
These limitations will apply to any liability, arising from any cause of action whatsoever
arising out of or in connection with this Agreement or the other Terms of Use, whether in
contract, tort (including negligence), strict liability, or otherwise, even if Dreamport has
been advised of the possibility of such costs or damages and even if the limited remedies
provided herein fail of their essential purpose. Some jurisdictions do not allow for all of
the foregoing exclusions and limitations, so to that extent, some or all of these limitations
and exclusions may not apply to you.
13. INDEMNIFICATION
You will indemnify, defend, and hold harmless Dreamport, our Affiliates, and our
respective directors, officers, employees, representatives, and agents (each an
“Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified
Liabilities (defined below) relating to or arising out of: (a) your use of the Platform; (b) any
result of your services provided under a Service Agreement or your content related to
your use of the Platform; (c) your failure to comply with the Terms of Use; (d) your failure
to comply with applicable law; (e) negligence, willful misconduct, or fraud by you; and (f)
your violation of any third-party right, including without limitation any right of privacy
(unauthorized disclosure, alteration or blocking of personal data of others), publicity rights
or Intellectual Property Rights.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and
expenses (including attorneys’ fees) arising from or relating to any claim, suit, proceeding,
demand, or action brought by you or a third party or other user against an Indemnified
Party.
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“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and
expenses (including reasonable attorneys’ fees and all related costs and expenses)
arising from or relating to any claim, suit, proceeding, demand, or action brought by an
Indemnified Party against you or a third party or other user.
14.3 Survival
After this Agreement terminates, the terms of this Agreement and the other Terms of Use
that expressly or by their nature contemplate performance after this Agreement
terminates or expires will survive and continue in full force and effect. For example, the
provisions related to dispute resolution, intellectual property, indemnification, fees, and
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limitations of liability each contemplate performance or observance after this Agreement
terminates. The termination of this Agreement for any reason will not release you or
Dreamport from any obligations incurred prior to termination of this Agreement or other
parts of the Terms of Use or that may accrue in relation to any act or omission prior to
such termination.
16. GENERAL
16.1 Entire Agreement
This Agreement, together with the other Terms of Use, is the only agreement between
you and us regarding the use of the Platform and supersedes all prior agreements relating
to the Platform.
The exception to this is when parties enter into a Service Agreement, in which case these
Terms of Use are superseded to the extent stated in such Service Agreement.
16.3 Assignability
These Terms of Use and any rights or obligations hereunder may not be transferred or
assigned by you without prior written consent by Dreamport, which can be requested via
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email or letter at the above addresses. Any other attempted transfer or assignment will
be null and void.
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that if your country of residence or other circumstances change such that the above
representations are no longer accurate, that you will immediately cease using the Site
and/or Platform and your license to use the Site and/or the Platform will be immediately
revoked.
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