Dreamport User Agreement v3
Dreamport User Agreement v3
Dreamport User Agreement v3
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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2.3 You are ready to meet high performance standards
We should warn you that when and if you and we sign a Service Agreement and you
become an ITM, you will be subject to the high-performance standards, qualification
requirements and other terms that will be provided by us. Rendering ITM services that
are non-compliant with such standards and terms will serve as ground for termination of
a Service Agreement.
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
3.1.1 Registration. You must register for an account with us (“Account”) to access and
use our Site and the Platform as described below.
3.1.2 Third-Party Account Integration. By registering for and using this Platform, as a
first step you shall link your Account with your existing social media account, like
Facebook or Google, ("Third-Party Account"). By using this feature, you
acknowledge and agree that:
(a) You are responsible for maintaining the security and confidentiality of your
Third-Party Account credentials.
(b) The Platform may access, use, and store certain information from your
Third-Party Account, as outlined in this Agreement.
(c) The authentication process is subject to the terms and conditions, privacy
policies, and any other agreements of the third-party authentication service
provider (e.g., Facebook or Google).
You understand that the Platform may collect and use information from your Third-
Party Account in accordance with this Agreement. This information may include,
but is not limited to, your name, email address, location of residence, cell phone
number, profile picture, and other relevant details.
(a) You agree to comply with the terms and conditions of the third-party
authentication service provider, including but not limited to Facebook's
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Terms of Service (https://www.facebook.com/terms.php) or Google's
Terms of Service (https://policies.google.com/terms).
(b) You are solely responsible for managing the permissions and privacy
settings associated with your Third-Party Account.
(a) You may disconnect your Third-Party Account from the Platform at any time
by means of termination of your Account according to the Section 14.1
(Termination).
(b) We reserve the right to terminate or suspend your access to the Platform in
the event of any violation of this Agreement, including the misuse of Third-
Party Account integration.
3.1.5 No Endorsement. The use of third-party authentication services does not imply
any endorsement or affiliation with the third-party service providers. We disclaim
any responsibility for the actions or policies of third-party authentication service
providers. By accessing or using the Platform through your Third-Party Account,
you expressly acknowledge and agree to the terms outlined in this
Section 3.1 (Application).
3.1.6 Contact Details for Assistance. If you encounter issues related to Third-Party
Account integration or Application process, please contact [email protected].
3.1.7 Step 2 Registration. As a next step, upon linking with your Third-Party Account you
will be required to verify and/or 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 when you further updating information
as might be required on later stages 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
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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
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; (e) you have no criminal
convictions in the past five years, and, to the best of your knowledge, you are not subject
to any sanctions imposed by any countries, or international organizations.
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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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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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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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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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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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.
“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.
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14. AGREEMENT TERM AND TERMINATION
14.1 Termination
Unless both you and Dreamport expressly agree otherwise in writing, either of us may
terminate this Agreement in our sole discretion at any time, without explanation, upon
written notice to the other, which will result in the termination of the other Terms of Use
as well, except as otherwise provided in this Agreement. You may provide written notice
to [email protected]. In the event you properly terminate this Agreement, your right
to use the Platform is automatically revoked, and your Account will be closed.
Termination of this Agreement (or attempt to terminate this Agreement) does not
necessarily terminate or otherwise impact any Service Agreement.
Without limiting Dreamport’s other rights or remedies, we may revoke or limit access to
the Platform, deny your registration, or revoke your access to the Platform and refuse to
provide access to the Platform to you if: (i) you breach any terms and conditions of this
Agreement or any portion of the Terms of Use; (ii) we have reasonable reason to believe
that you have provided false or misleading information to us; (iii) we conclude that your
actions may cause legal liability for you or others; may be contrary to the interests of the
Platform or the User community; or may involve illicit or illegal activity; or (iv) we are
required to by law, legal process, or law enforcement. If your Account is temporarily or
permanently closed, you may not use the Platform under the same Account or a different
Account or re-register for a new Account without Dreamport’s prior written consent.
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
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.
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15. DISPUTE RESOLUTION
This Agreement and other Terms of Use as well as your access to the Platform is subject
to and governed by the laws and regulations of the Dubai International Financial Centre
(“DIFC”) in the Emirate of Dubai without giving effect to conflicts of law principles thereof.
Any dispute regarding this Agreement and other Terms of Use is subject to the exclusive
jurisdiction of the DIFC Courts.
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
email or letter at the above addresses. Any other attempted transfer or assignment will
be null and void.
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Agreement or the other Terms of Use is held illegal, invalid, or unenforceable in whole or
in part under applicable law, such provision or such portion thereof will be ineffective as
to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality,
invalidity, or unenforceability and will be deemed modified to the extent necessary to
conform to applicable law so as to give the maximum effect to the intent of the parties.
The illegality, invalidity, or unenforceability of such provision in one jurisdiction will not in
any way affect the legality, validity, or enforceability of that or any other provision in any
other jurisdiction.
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from a local authority at place of your location. We would recommend you check whether
such requirements are applicable to you in advance.
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