STANDARD TERMS AND CONDITIONS OF SALE
In these terms and conditions (“Conditions”) the following words have the following meanings:
“Agreement” means these Conditions and the Application
“Business Hours” means the hours on working days during which Vintage Vaults is open for general business, and excludes public holidays or any other days as Vintage Vaults may, at its sole discretion, decide.
“Customer” means any natural person or body corporate or other entity identified as the Customer in the Application
“Deposit” means a sum of money paid at the start of the Term, refundable as set out in these Conditions, the amount of which is set out in the Application.
“Fee” means the fee charged by Vintage Vaults for the Services and rental charges as set out in this Agreement and as amended by Vintage Vaults from time to time.
“Nominee” means a person nominated by the Customer to have access in accordance with condition 2.
“Notice” means a written communication by either Vintage Vaults or the Customer served in accordance with these Conditions.
“Records” means any data, recording, book, documentation, record or account maintained by Vintage Vaults in any form, whether originals or copies, including but not limited to printout, digital, electronic, audio or video in respect of a Customer, the Customer’s use of the Services (as defined below), and any dealings or correspondence with the Customer.
“Services” means the supply of Vault(s) provided by Vintage Vaults to the Customer under this Agreement including any additional services provided by Vintage Vaults as specified by Vintage Vaults from time to time.
“Start Date” means the start date as stated in the Application.
“SDB” means a safe deposit locker hired by a customer pursuant to this Agreement as identified in the Application.
“Term” means the initial period of three (3), six (6), twelve (12) or twenty-four (24) months signed up for (as applicable) unless specified otherwise commencing on the Start Date, as extended from time to time in accordance with this Agreement.
“Vintage Vaults” means Vintage Vaults Safety Deposit Vaults Renting LLC.
Terms used in these Conditions but not otherwise defined herein shall have the meaning
ascribed to such terms in the Application.
(A) These Conditions, together with the Application, the Agreement under which Vintage Vaults agrees to provide the Customer the use of the SDB for the Term.
(B) The formation of the Agreement is conditional on the Customer providing Vintage Vaults with such evidence of identity as Vintage Vaults may require, and Vintage Vaults’ acceptance of the information provided by the Customer in the Application and the payment by the Customer of the Deposit. The Customer may not open an account in the name of or on behalf of any third party.
(C) If there are any changes in the information provided by the Customer in the Application, the Customer must promptly notify Vintage Vaults within thirty (30) days enabling Vintage Vaults can update its records.
(D) Subject to Vintage Vaults being provided with any additional information as Vintage Vaults shall require, the Customer may nominate up to three nominees in case he is a premium member or one nominee if he is not, in the Application or, at a later date, by visiting Vintage Vaults’ premises with such person that the Customer wishes to nominate to complete the necessary processes. If the Nominee is nominated in the Application, he can come at a later stage and complete the necessary process. If he was not nominated in the application, then he must accompany the Customer to Vintage Vaults’ premises to complete the necessary processes. The Nominee shall be granted rights of access over the SDB so long as the Nominee is accompanied by a Vintage Vaults staff. The Nominee will not have any control rights and will be given an access card to be able to access the SDB.
(E) The Customer has to be physically present to be able to appoint the Nominee(s). He can do that at any time as agreed by Vintage Vaults and the Customer may remove such Nominee by informing Vintage Vaults in writing.
(F) The Customer hereby acknowledges and confirms that the Nominee will be subject to the same obligations and restrictions outlined in these Conditions as the Customer as applicable.
Vintage Vaults shall grant the Nominee(s) access to the Vault, provided the Nominee(s) is able to identify himself to Vintage Vaults’ satisfaction.
(A) The Deposit must be paid by the Customer on or before the Start Date. Subject to the provisions of these Conditions, the Deposit is refundable upon termination of the Agreement, provided the Customer takes possession of the contents of the SDB and returns to Vintage Vaults the access card, and both keys intact and undamaged, and the SDB is undamaged. Further, all monies (for example, outstanding rent, late payment fees or any other cost of services rendered) due to Vintage Vaults under this Agreement must have been paid in full, prior to the return of the Deposit.
(B) The Fees for the relevant Term shall be as set out on Vintage Vaults’ website. The charge for the first Term must be paid at the same time as the Deposit in cleared funds.
(C) All other charges that may be payable by the Customer at any time, whether in relation to additional services or any other charges which the Customer may from time to time incur, as notified by Vintage Vaults from time to time. Vintage Vaults reserves the right to amend the Fees from time to time.
(D) The Agreement will be automatically renewed for the same Term unless specified otherwise. The Fee for each additional renewed period will be the Fee as set out by Vintage Vaults. The Customer irrevocably and unconditionally authorizes the debit of the customer’s account for the rental charges and undertakes to pay such sum in case of non-availability of funds. If the Customer wants to terminate the Agreement, he must physically attend Vintage Vaults’ location to undergo all relevant Termination Procedures as set out in condition 10 of this Agreement, including returning the access card, both keys, and the SDB is undamaged).
(E) If the Customer does not undergo the Termination Procedures in accordance with condition 3(d) above and condition 10 and fails to pay any sums when due under the Agreement, the Customer will be in default, and Vintage Vaults may apply condition 12 as it deems necessary. Vintage Vaults reserves the right at its sole discretion to:
(I) suspend the Services (including allowing the Customer and/or any Nominee(s) access to the Vault); and/or
(ii) charge the relevant daily fee depending on the SDB size. Such daily fees are applicable each day the balance remains unpaid.
(iii) accept payment after the renewal date and reinstate the lease on its prior terms.
(F) If the Customer terminates the lease pursuant to the above and in accordance with condition 10 of this Agreement, the Customer acknowledges that if such termination occurred after renewal of the lease (whether automatically or otherwise), the relevant Fee is not refundable and will not be prorated.
4. Late payment, non-payment and administration fees
(A) Customer hereby authorizes Vintage Vaults to debit its account for all Fees and/or other payments due under the Agreement that are to be paid within the time required on Vintage Vaults’ website (“Due Date”).
(B) If the Customer fails to pay any sums due to Vintage Vaults at any time by the Due Date, or otherwise has insufficient funds in his account, daily fees shall be charged as Vintage Vaults deems appropriate. Vintage Vaults’ right to the daily fees is without prejudice to any other rights that Vintage Vaults might have in relation to late payment.
5. “AutoPay” feature
(A) Vintage Vaults is providing its client with the ability to pay their outstanding renewal invoice easily without worrying about missing any payments. This could be done through inputting his credit/debit card details on his online account or through the store and activating the “AutoPay” feature online. The credit card will be automatically debited in case their renewal invoice is due.
6. Fund My Account – V-Wallet
The Customer may fund their account (V-Wallet) using cash payment or card payment (Online or in-store).
The V-Wallet will be automatically debited in case the renewal amount is due, this is to avoid any late payment fees. The customer can also use his V-Wallet to pay for other services, charges or penalties.
In the event the Customer requests a refund of the V-wallet, the amount will be refunded as follows:
(A) The client requests a cash refund.
I. If the total amount is less than or equal to AED 5,000, the Customer may collect it from the store immediately.
ii. If the total amount is more than AED 5,000, the Customer must submit a request through their account online,
and the money will be available for collection from the store; three days from the request date.
(B) The customer may also request a bank transfer:
I. The Customer must provide the complete and correct bank details either through his online account or through.
ii. Vintage Vaults will not be responsible for any errors in the bank details provided by the Customer.
iii. The customer will receive his amount net of any bank fees or charges, and this includes but is not limited.
to credit card deposit fees and transfer fees.
iv. The amount should be wired within 2 weeks from the date of the request.
(C) Payment Methods Priority:
Vintage Vaults will always prioritize credit card payments over account payments, and this is to allow.
the maximum flexibility for the clients.
7. Contents of the Vault
(A) The Customer acknowledges that Vintage Vaults is not and will not be aware of the contents of the SDB and has no knowledge as to the purpose of the storage or the use to which the contents of the SDB may be put at any time. Vintage Vaults does not exercise supervision over the Vault, or over examination or removal of any of its contents. The Customer assumes all risks of injury, loss or damage of any kind (including but not limited to loss or damage due to non-compliance of any laws, or for any reasons as set out in clause (b) below of this Section robbery or burglary) and arising out of the deposit of anything in the Vault. Vintage Vaults may physically relocate the Vault, upon Notice and in accordance with all applicable laws, to another location within the same facility without any liability for doing so, including but not limited to, loss or damage of any items. If any provision of this Agreement is determined to limit Vintage Vaults’ liability in a way prohibited by applicable law, the provision will nevertheless be enforced to the fullest extent permitted under that law. The Parties will not be liable for indirect, special, consequential or emotional damages or attorney’s fees regardless of the form of action. The Customer acknowledges and agrees that Vintage Vaults’ maximum liability, if any, will be limited to the insurance coverage linked to the SDB, including any claim arising out of, or otherwise connected with, this Agreement, the SDB or items stored in the Vault. The insurance coverage per box is one million dirhams only (AED1,000,000). The Customer may secure separate insurance arrangements; or request an increase of the insurance coverage through Vintage Vaults. Note: any additional insurance requirements/costs will be paid by the client.
(B) The SDB is designed to store documents, valuables and other items of a similar nature for lawful purposes only. By entering into this Agreement, the Customer agrees that it will not store, allow any other person to store, or store on behalf of any other person, anything that is illegal, offensive, immoral, obscene, indecent, defamatory, slanderous, libelous, noxious, poisonous, corrosive, pressurized, hazardous, inflammable, explosive (such as but not limited to dynamite, fireworks, flares, tear gas and self-defense sprays), or unstable, nor any guns, knives, firearms, ammunition, chemicals, drugs, narcotics, plants or plant materials, nor any living organism or any other substance or material which may be the subject of any ban, embargo or import restriction, nor any proceeds of prostitution or drug trafficking or the proceeds of any other crime or illegal transaction, nor anything which is otherwise unlawful or which has or may be used in any act of terrorism or which will or may cause any harm whatsoever to any person, premises or place, including (without limitation) the SDB or Vintage Vaults’ premises, employees, agents, contractors, customers or visitors. The Customer shall not store anything in the Vault, the possession of which is prohibited or illegal under the laws and regulations of the United Arab Emirates. The Customer further agrees not to use the SDB for any dangerous or unlawful purpose or for anything that can be considered a nuisance.
(C) The Customer irrevocably and unconditionally undertakes to fully indemnify Vintage Vaults (which means that the Customer must fully compensate Vintage Vaults for) and pay Vintage Vaults for all costs, charges, expenses, claims or damages that Vintage Vaults incurs or which are made against Vintage Vaults in the event of any breach by the Customer of the Agreement in respect of any harm, damage or loss that Vintage Vaults or any of Vintage Vaults’ employees, agents, contractors, customers or visitors to Vintage Vaults’ premises may suffer (including legal costs and expenses).
(D) Vintage Vaults reserves the right to inspect/examine in the Customer’s presence the articles to be placed in the SDB in the event Vintage Vaults suspects any prohibited contents are stored in the SBD.
(E) The Customer agrees that Vintage Vaults may turn over to any law enforcement or any governmental agency or body for any reason that is directly or indirectly connected with any of the Customer’s objects which, Vintage Vaults believes, at its sole discretion, to be prohibited by these Conditions and Vintage Vaults will bear no liability for doing so. The Customer hereby forfeits all rights to any contents stored in the SDB that are not permitted by the Conditions and hold Vintage Vaults harmless of any loss or alleged loss or other liability for any actions taken by Vintage Vaults, at its discretion, with respect to such prohibited contents.
8. Emergency Contact
The Customer may provide an emergency contact who will not be authorized to access the vault on behalf of the Customer. The emergency contact's role is limited to being contacted in the event the Customer or their nominee is unreachable.
9. Suspension of the services
(A) In the event of non-payment by the Due Date of the Fee or any other charges, Vintage Vaults reserves the right to suspend the Services without further notice. This includes not granting the Customer or any Nominee(s) access to the Vault.
(B) All Vintage Vaults’ liabilities to the Customer in respect of any of the contents of the SDB shall cease until such time as all outstanding amounts are paid to Vintage Vaults in full, together with any daily fees or other fees as applicable.
10. Vintage Vaults’ Liability
(A) Vintage Vaults shall not be responsible for the acts or omissions of any third parties acting outside of Vintage Vaults’ authority or control, nor to the extent that any loss or damage would be covered by any insurance cover which the Customer or the injured party may have or which may otherwise be applicable, nor to the extent that any loss or damage occurs as a result of the Customer’s own negligent act, omissions or as a result of a breach by the Customer of any of the Conditions or of any instructions issued by Vintage Vaults from time to time, nor to the extent that such loss or damage occurs due to ordinary wear and tear or natural deterioration or atmospheric or climatic conditions, nor at any time for any cash deposited or sent to Vintage Vaults
B) Vintage Vaults shall not have any responsibility / liability regarding the following and hence not entertain any claims in this respect:
(i) any deterioration in the quality, quantity or value of the items placed inside the Vault; and/or
(ii) any damage or distortion of materials put inside the SDB which results from fire or any other accident or the storing of any prohibited items as set out in these Conditions or the law of the United Arab Emirates.
(C) The Customer shall use the SDB with due care and attention. Should the SDB be left open inadvertently by the Customer or Nominee(s), Vintage Vaults or any of its employees or officials will not be held liable nor responsible for any missing articles.
11. Commencement, duration and renewal
(A) The Agreement will commence on the Start Date and will renew automatically for a similar period unless terminated earlier in accordance with the relevant provisions of condition 10 of these Conditions.
(B) The customer irrevocably and unconditionally undertakes to pay the charges related to the renewal as decided by Vintage Vaults from time to time.
(C) Vintage Vaults reserves the right not to renew this Agreement automatically at the end of its Term.
(A) Vintage Vaults has the sole right to set the Business Hours for access to the Vaults, and has the right to change the hours from time to time without notice.
(B) Vintage Vaults has the right to limit the number of Customers access, and may request the Customers to set an appointment, in order to accommodate other Customers or its own business needs.
(C) Should Vintage Vaults at any time decide to transfer the Customer’s SDB from its present location of business to any other place in the United Arab Emirates, in whole or in part, or to another location within the same premises, Vintage Vaults will have the right, at its sole discretion, to remove the said SDB and/or all or any of the contents thereof to the new location under proper security/safeguard as it deems proper, after giving at least five (5) days prior notice of such change/removal. Vintage Vaults may at any time and at its sole discretion decide not to transfer the SDB to the new location.
(D) Should Vintage Vaults carry out any maintenance or services to the Vault, Vintage Vaults has the right to do so without prior notice to the Customer and without any responsibility or liability on the part of Vintage Vaults.
(E) The Customer hereby agrees and acknowledges that Vintage Vaults may decline access during Business Hours for reasons outside of its control, including but not limited to, circumstances where its premises is located is closed for maintenance, renovations, or under the direction of Vintage Vaults’ landlord. During such circumstances and where the Customer is unable to have access to the Vault, the Customer agrees that it will not hold Vintage Vaults liable nor responsible for the Customer’s inability to access the Vault. The Customer has no rights to access the SDB under any circumstances where Vintage Vaults cannot provide such access.
(F) Vintage Vaults may restrict access to the Customer’s SDB for any reason, including but not limited to past due Fees and charges, information received in court documents, and inability to obtain information that satisfies our “Know your Customer” requirements. Vintage Vaults may deny access at any time in the event of unsafe or hazardous conditions such as fire, flooding, natural disasters, or other circumstances beyond Vintage Vaults’ control or for any other reason when it deems closing prudent, proper and/or necessary, with no liability to the Customer. Vintage Vaults shall not be liable for any delay caused by its failure to open the SDB doors or failure of the locks on the SDB to operate.
(G) If more than one person rents the Vault, each person may access the SDB as if he or she is the only Customer. Each person has unrestricted authority to access and remove contents, give a receipt for the contents of the Vault, give complete discharge for any liability for the contents, and surrender the Vault. Each person may appoint Nominee to have access to or surrender the Vault. Each person will have the right to revoke the appointment of any Nominee. The Customer agrees that Vintage Vaults is not liable to any tenant for the action or inaction of any other Customer or any Nominee. The Customer agrees that Vintage Vaults may admit only the Customer, or Nominee, who has been duly authorized and designated on Vintage Vaults’ forms, except as may otherwise be required by law, including without limitation as a result of any appointment of a personal representative, executor or other special fiduciary that can exercise authority over the Customer’s estate.
(H) You agree that access to the SDB is in the presence of our staff. Vintage Vaults may require the Customer, his Nominee, or any appointed fiduciary to provide Vintage Vaults with identification that is acceptable to it before allowing access to the Vault. The Customer agrees that Vintage Vaults’ employee will not be required to remove and replace the Vault; however, if an employee handles the liner (metal/plastic box) or any contents of the SDB as an accommodation to the Customer, Vintage Vaults and such employee will act as the Customer’s agent and the Customer will waive any right to recover from Vintage Vaults and such employee for any loss claimed to be caused by the handling of the Vault. Vintage Vaults may restrict the Customer’s access to the SDB to comply with estate, tax, succession or other relevant and applicable laws.
(A) The Agreement will renew automatically for a similar period unless terminated earlier in accordance with this condition 13.
(B) The Customer may terminate this Agreement at any time by physically attending Vintage Vaults’ location and completing the Termination Procedures (as outlined in sub condition (c) of this condition), subject to paying the Fee and any other relevant charges, returning the access card and both keys, and collecting all items remaining in the Vault. Vintage Vaults will refund the Deposit to the Customer, less any deductions of the amount which Vintage Vaults is entitled to charge or receive in accordance with these Conditions, but will at no time be liable to refund the Fee in whole or in part.
(C) The Customer may terminate the Agreement by physically attending Vintage Vaults’ location and completing the Termination Procedures. The Termination Procedures include:
(i) Filling out the relevant and necessary documents as directed by Vintage Vaults,
(ii) Returning the access card and both keys, and
(iii) Collecting the contents of the Vault.
(D) In addition to what is outlined in this Agreement and without prejudice to any of Vintage Vaults’ other rights, Vintage Vaults has the right to terminate the Agreement for any reason by giving fifteen (15) days’ notice, and Vintage Vaults shall stop access to the Service at the end of the notice period.
(E) Vintage Vaults may terminate this Agreement:
(I) immediately by notice in writing to the Customer if the Customer breaches any of these Conditions which have not been remedied by the Customer within thirty (30) days of Vintage Vaults’ notice to the Customer in writing specifying the nature of the breach and remedy required;
(ii) immediately upon notice in writing to the Customer in the event that Vintage Vaults becomes aware of or reasonably suspects any breach of section 7 of these Conditions (Contents of Vault) or pursuant to section 15 (Release and Disposal); or
(iii) immediately on notice in writing to the Customer in the event that the Customer becomes unable to pay its debts as and when they fall due for payment or (being a private individual) the Customer has a bankruptcy petition presented against the Customer or is declared bankrupt.
14. Effect of termination
(A) At the end of the Term (“Termination Date”), the lease will automatically renew for a similar Term unless terminated earlier pursuant to condition 10.
(I) any outstanding sums due to Vintage Vaults shall become immediately due and payable.
(ii) the Customer shall immediately remove all contents of the Vault.
(iii) the Customer’s rights in relation to the SDB and those of any Nominee(s) shall immediately cease; and
(iv) the Customer shall immediately return to Vintage Vaults by hand or by recorded delivery all items required to access the SDB in the Customer’s possession or control.
(B) If the Customer fails to comply with condition 13(a) above, the Customer shall be liable for and shall pay to Vintage Vaults on demand any and all charges which Vintage Vaults may incur arising from such failure, including, but not limited to, additional storage fees at the rate as confirmed by Vintage Vaults and any costs incurred by Vintage Vaults in replacing the lock to the SDB and obtaining new keys.
(C) If the Customer does not complete the Termination Procedures, then the lease will automatically renew for the same term. Condition 13 above shall apply if the lease is terminated due to non-payments by the Customer or pursuant to the applicable conditions of condition 15 If, following any such disposal, any proceeds remain after settlement of all sums due to Vintage Vaults under the Agreement, Vintage Vaults shall send any remaining sums to the Customer’s account. If the sums raised by any such disposal do not cover the sums due to Vintage Vaults, Vintage Vaults is entitled to recover such sums from the Customer.
(D) The termination of this Agreement for any reason will not affect any rights or liabilities which have accrued prior to the termination nor affect any of the Conditions which are intended (whether expressly or by implication) to survive expiry or termination.
15. Release and disposal
(A) If Vintage Vaults has not received payment of all amounts due and owing to Vintage Vaults within a period of one hundred and eighty (180) days following the Due Date or the Termination Date (as applicable, including Due Dates for automatically renewed Terms), Vintage Vaults shall be entitled to terminate this Agreement without prior notice and, upon termination Vintage Vaults shall be released from all further obligations to the Customer.
(B) If the Agreement is terminated under any circumstances other than pursuant to condition 15(a) above Vintage Vaults shall be entitled, following failure to correspond with the Customer via email address and contact number to break open the SDB. Vintage Vaults shall do so in the presence of an independent witness, whose signature of an inventory of the contents of the SDB shall be conclusive evidence as to such contents. Vintage Vaults shall then be entitled to sell or otherwise dispose of such contents as Vintage Vaults deems fit.
(C) Vintage Vaults shall be entitled to recover from the proceeds of such disposal or directly from the Customer (including by way of deduction from the Deposit) all Fees (including daily fees), costs, and charges which are outstanding to Vintage Vaults and all further costs, charges and expenses which Vintage Vaults may reasonably incur in relation to breaking open the SDB pursuant to condition 15(b) above.
(D) Vintage Vaults will apply the proceeds in the following order:
(I) administration fee payment.
(ii) any amounts payable in respect of charges due for additional services rendered in relation to the late payment or non-payment; and
(iii) amounts payable in respect of Fees.
(E) Any items that are not disposed of or destroyed will be held by Vintage Vaults (at Vintage Vaults’ sole discretion) in a manner Vintage Vaults deems appropriate.
16. Death or incapacity of a customer
(A) The Customer agrees to notify Vintage Vaults of the death or incapacity of another joint Customer or Nominee before seeking access to the Vault.
(B) If the Customer dies or becomes mentally incapacitated during the Term, Vintage Vaults shall allow the Customer’s personal representatives or lawfully appointed attorney to open the Vault, or shall open the SDB for the Customer’s personal representatives or attorney, provided that such persons produce to Vintage Vaults on demand evidence, to the satisfaction of Vintage Vaults, that such person is the legal representative of the deceased Customer, in accordance with laws of the United Arab Emirates.
(C) The surviving Customer(s) jointly and severally agree to indemnify, exonerate and hold Vintage Vaults harmless from and against, and to reimburse Vintage Vaults for any and all claims, losses, liabilities, damages, expenses (including attorney fees), actions or suits of any nature whether groundless or not, with respect to the access to the SDB or removal of contents prior to our receipt of a written notice of the death, or incapacity of a Customer, and each Customer individually agrees that Vintage Vaults will have no liability because of such access to or the removal of the contents of the Vault.
(A) Vintage Vaults will provide the Customer with two (2) keys for each Vault. The Customer hereby acknowledges that it is prohibited from making any copies of the keys. Any copies will not be accepted by Vintage Vaults, and Vintage Vaults reserves the right to reject access to the SDB using copies of the keys. Vintage Vaults may confiscate and destroy, at its sole discretion any copies of the keys made. If two (2) keys are returned to Vintage Vaults at the Termination Date with one (1) or both keys being copies, Vintage Vaults reserves the right to charge the Customer the relevant fees for changing the locks of the Vault.
(B) The Customer shall return the two (2) keys to Vintage Vaults on the Termination Date. Failure to return both keys or a key will result in the Customer’s forfeiture of its Deposit, and allows Vintage Vaults to retain the deposit in whole. The Customer is required to pay another Deposit in order for Vintage Vaults to provide new keys.
(C) The Customer must promptly inform Vintage Vaults in the even one or both of the keys is lost through the Customer’s online account with Vintage Vaults or submit the form in person at Vintage Vaults’ location.
(D) In the event a key or both keys are lost, Vintage Vaults will arrange an appointment to change the locks of the SDB in the presence of the Customer. Such appointment is to be scheduled subject to the availability of Vintage Vaults, the Customer, and the locksmith. If the Customer fails to attend the scheduled appointment, the Customer’s account will be charged the relevant scheduling fees and a new appointment will be scheduled.
(A) Any communications by Vintage Vaults to the Customer shall be deemed to have been duly received if delivered personally, when left at the relevant address or, if sent by prepaid first class post or recorded delivery, on the second working day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if delivered by fax or email the day following the day on which the notice was transmitted.
(B) Communication on Vintage Vaults’ online platform shall be considered formal communication.
(A) This Agreement is personal to the Customer and, save for the ability to appoint a Nominee(s) from time to time, neither this Agreement nor any of its provisions or any Customer obligations or rights or privileges under it may be transferred, assigned or sub- licensed by the Customer either in whole or in part at any time to any other person.
(B) No failure by Vintage Vaults to enforce or delay by Vintage Vaults in enforcing any of the Conditions at any time shall amount to a waiver or release of any of them and shall be without prejudice to any subsequent requirements or action.
(C) Vintage Vaults may be required to amend the Conditions to comply with changes in the law or regulatory and other requirements. In the event of any change at any time to the Conditions, Vintage Vaults will notify the Customer of such changes by posting the revised Conditions on its website.
(D) If a court or any other competent authority finds that any provision of this Agreement and/or the Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement and/or the Conditions shall not be affected.
(E) If any invalid, unenforceable or illegal provision of this Agreement and/or the Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
(F) The Customer acknowledges that its rights with regard to the SDB are those of a licensee and nothing in the Conditions grants the Customer any rights to ownership in the SDB or the premises in which it is stored or otherwise kept.
(I) Vintage Vaults may, throughout the Customer’s relationship with Vintage Vaults and as Vintage Vaults deems fit, retain and maintain the Records electronically or by such other method of storage as may be convenient to Vintage Vaults. The Customer agrees that printouts or copies of all such Records are legal instruments and will constitute conclusive evidence of the genuineness of the contents thereof. The Customer agrees that Vintage Vaults may record communications by telephone or any other means between: (A) the Customer (including the Customer’s representatives); and (B) Vintage Vaults’ employees and representatives.
(ii) The Records will be conclusive and binding evidence of any communications and transactions between the Customer and Vintage Vaults (including where any service is provided by Vintage Vaults in conjunction with a third party) and including but not limited to those effected by instructions given verbally, in writing or electronically. As such, any Records held by Vintage Vaults will be final and conclusive evidence of the genuineness of the contents thereof, subject to any right granted to the Customer under these Conditions to dispute the accuracy of any such Records.
(iii) The Customer waives any right which may entitle the Customer to apply for the auditing or production of the Records, other than to comply with an order of a court or other relevant authority.
(v) Vintage Vaults will take reasonable care to maintain the Records. However, the Customer acknowledges and agrees that the Records are maintained solely for the benefit of Vintage Vaults and its affiliates, and that the Customer has no rights, proprietary or otherwise in relation to the Records. Neither Vintage Vaults nor its affiliates will be responsible for any liability arising out of any loss, damage, corruption or destruction of the Records. In the event that Vintage Vaults declines an application by the Customer for the Services, the Customer acknowledges and agrees that the application and its supporting documents will become part of the Records and will not be returned to the Customer.
(vi) Vintage Vaults may use copies, printouts or electronic versions of fax, e-mail, SMS and other electronic transmissions and data, as well as any of its Records, including recordings of telephone conversations between the Customer and Vintage Vaults’ employees, as evidence in any court, arbitral or other legal proceedings.
(vii) Force Majeure: Either party shall be excused from liability under this Agreement to the extent that such performance is prevented by an Act of God, fire, flood, accident, or any other casualty beyond the reasonable control of such party.
20. Law and Jurisdiction
This Agreement and the Conditions and any dispute arising out of or in connection with this Agreement including any question regarding its existence, validity or termination shall be governed by the Federal Laws of the United Arab Emirates and the Emirate of Dubai, and is subject to the exclusive jurisdiction of the Dubai Courts. The Customer irrevocably submits to the exclusive jurisdiction of the Dubai courts and waives any objection it may have to disputes arising out of or in connection with this Agreement being heard in the Dubai Courts on the grounds that it is an inconvenient forum.