Terms and Conditions of Use
These Terms and Conditions constitute Terms and Conditions"Described below are the basis of the agreement between you and our platform, and we mean you (whether you are a merchant or a user) "You agree and acknowledge that these Terms and Conditions may be amended from time to time.
You must be 18 years of age or over to access and use the Platform, if you are under this age you must obtain your guardian's consent or you must stop accessing and using our Platform, we will not be liable for that in any case.
1- Right of access and intellectual property:
1.1 Subject to the specified access restrictions, during such term our Platform grants you a non-exclusive, non-transferable, revocable, non-assignable and non-sublicensable right to use the Platform control panel in accordance with, and only as necessary to receive, the services contemplated by this Agreement.
1.2 Except as expressly set forth in the Agreement, the User shall not and shall not attempt (nor permit or attempt to attempt) any third party directly or indirectly:
(a) interfere in any way with the proper function or workings of the Platform control panel, the Platform APIs, or the Platform Website;
(b) modify, alter, tamper with, translate, repair, or create derivative works from the Dashboard Template, the Platform APIs, or the Platform Site;
(c) reverse engineer, disassemble, or attempt to discover the source code, configuration code, underlying structure, ideas, or algorithms of the Platform control panel or the Platform APIs;
(d) attempt to gain unauthorized access to the Platform dashboard, the Platform APIs, the server(s) on which they are stored, or any other server, network, computer or database connected to the Platform Portal or the Platform Website.
(e) use or make available the Services or Platform Documentation for purposes other than those set forth in this Agreement;
(f) sell, distribute, lease, assign, subcontract, transfer or encumber rights to the Services, or make available or offer any aspect of the Services or Platform Documentation to any third party or on any file sharing service or use of the Services or Platform Documents for or on behalf of any third party, without the prior express written consent of the Platform.
(g) use the Services in a manner that could damage, disable, overburden, impair or impair the Platform's systems or security or interfere with other users of the Platform Portal;
(h) use the Services to create a product, service, or application that is competitive with any product, service, or application of the Platform; or
(i) transmit any defamatory, offensive or otherwise objectionable material in connection with the Services;
(j) You acknowledge and agree that any breach of the Access Restrictions will be a material breach of the Agreement.
1.3 For the avoidance of doubt, this Agreement does not transfer any property whatsoever, as the rights remain wholly owned by the Platform. The Platform reserves all right, title and interest in and to the Services, the Platform Account, the Platform Control Panel, the Platform APIs, the Platform Documentation and all related intellectual property rights. This Agreement does not provide any right to the source code or decompiled software owned, used by, or licensed to the Platform.
You acknowledge that the Platform Documentation is confidential information and shall be kept at all times and protected by the Platform's copyright.
2- Law and jurisdiction:
2.1 Your acceptance of this agreement and the terms is considered as an authorized electronic signature signed in our electronic system and confirms the validity of this agreement, through the application.
2.2 All electronic data and information submitted, shared, maintained, used on or through the Platform are subject to the terms of the Regulation.
2.3 This Agreement and the Terms and Conditions shall be governed by and construed in accordance with the laws of Abu Dhabi Global Market.
2.4 Any disputes relating to this Agreement and/or the Terms and Conditions shall be subject to the jurisdiction of the courts of Abu Dhabi Global Market.
3- Manage and operate the platform account
3.1 You agree and acknowledge that you will remain solely responsible for the management and operation of your Platform account and connection data (credentials) and passwords relating to Users. You also acknowledge and agree that the Platform shall not be liable for any losses or damages of any kind incurred by you as a result of the merchant’s misuse of the Platform (including negligence, willful misconduct, improper use, or unexpected use as not intended in this Agreement). ), or as a result of any change made to the Platform Portal by anyone other than the Platform.
3.2 Unless expressly stated otherwise, the Merchant shall be responsible for providing all Customer Services or supplying Goods or Products to Customers in connection with the Platform, including in respect of any defect therein. The Platform does not control or assume responsibility for the quality, suitability, safety, reliability, legality, or any other aspect of any good or service that may be offered.
4 - Amendments:
We may modify these Terms at any time in our sole discretion and if we do, we will notify you of the revised Terms by means of email service and notifications. Modifications will be effective from the date specified in each notice, except that changes addressing new functionality of the Service or changes made for legal reasons will be effective immediately. You are obligated to review these Terms periodically so that you are aware of any modifications. Your continued access to and use of the Service after such modifications constitutes your acknowledgment and agreement to be bound by these Terms and Conditions as modified.
5- Data security:
5.1 You agree to comply with all rules, regulations, standards or guidelines approved or required by the relevant provider bank and applicable laws relating to privacy, data security and the protection, disclosure and processing of customer transaction data, in each case as they may be amended from time to time.
5.2 The Merchant will notify the Platform immediately if it receives an increased number of orders for e-commerce transactions.
5.3 The Merchant shall not retain Customer transaction data for any electronic commerce transaction, including in particular sensitive information such as card numbers or visual encryption programs (CVC / CVV).
5.4 You agree that the Platform may store data (including Customer Transaction Data) received from the Merchant and the Customer to perform its obligations under this Agreement and as required by applicable laws, and is permitted to transfer such data to any third party if requested to do so by For the successful execution of the payment process. The Merchant shall ensure that its customers expressly consent (where applicable) to the collection, storage and processing of any data through the Platform and for the purposes of collection, storage and processing of any data for the purposes of this Agreement, the User shall comply with applicable laws relating to the privacy of personal data.
5.5 If the Merchant accepts electronic commerce transactions using a server-to-server mechanism, the Merchant must ensure that:
a. Certified as PCI compliant; And
B. Except as necessary to comply with any applicable laws to the contrary, you shall comply with all applicable PCI DSS obligations and shall promptly notify the Platform in writing if any e-commerce transaction or any of your special payment obligations fails to comply It has "PCI DSS".
6- License to use the platform:
6.1 You are required to maintain all information requested during your registration process so that it remains true, accurate, current and complete at all times. The Service may allow you to register through certain third-party platforms. By registering or logging into the Platform, you agree that we may access and use your information, including your username, profile photo, age, date of birth, and email address,
6.2 The User of the Platform must use our Services. In accordance with and pursuant to these Terms and other guidelines or instructions we include in the Service, we reserve the right to terminate and your access to the Service at any time, for any reason or no reason and with or without notice; unless you have breached these terms. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity, and any attempt to do so is void and may result in the termination of your access to and use of the Platform.
7- Your license to use the platform:
7.1 in general. You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple levels) right and license to store, use, reproduce, perform, make publicly available, publish, distribute, and display the Content you upload to the Platform, including Gallery Content, texts, profile information of social media accounts (including your user profile on the Platform), and other content that you share with us via the Platform (collectively, “User Content”) in order to provide and promote the Service and otherwise in accordance with these Terms. If you post or share your User Content with others through the Service, or if your User Content is shared through any social media platforms (including our social media platforms), you understand and agree that your User Content It may also remain visible on those platforms and other users may retain your User Content and continue to display, reproduce, share or otherwise embed it as a result, even if the content is removed from your account with us. Except for the rights granted herein, you retain ownership of all rights in your User Content. We will not offer any of your User Content for sale or directly monetize it in any way.
7.2 The works we choose to include in a material depend on their suitability with our Guidelines. As such, we have discretion over the works that appear in a material and are under no obligation to include your content in the Platform or in any material or to exercise any of the rights and licenses granted to us in these Terms. You irrevocably waive the right to screen or approve any uses of your publicity rights and content.
8- Limitation and exclusion of liability
8.1 Nothing in this Agreement shall exclude or limit either party's liability:
(a) fraud, theft, or any similar deceptive crime (committed by such party);
(B) TO THE EXTENT ANY APPLICABLE LAW PROHIBITS OR PROHIBITS ANY EXCLUSION OR LIMITATION OF LIABILITY.
(c) Subject to the previous clause, the Platform will not be liable to the User for any: (a) loss arising from a breach caused by a financial institution, payment network or operator of an alternative payment method used by or used by the User (b) loss resulting from electronic commerce transactions carried out through or using the Services; (c) loss arising in connection with a settlement of funds between the User and the merchant bank (including without limitation incorrect, omitted, excessive or late settlements); (d) loss of data. (e) loss resulting from suspension of the 3D Secure Protocol after agreement with the user (f) loss of revenue, loss of profits, loss of anticipated savings, loss of business, indirect or consequential loss or damage, whether arising from negligence breach of contract or otherwise and regardless of whether and to what extent the damage was foreseeable at the time this Agreement was entered into, or if Platform was advised of the possibility of such damage.
Any feedback, comments, reviews, ideas, or suggestions regarding the Platform and/or the Service that you provide to us will be our sole and exclusive property, and you hereby irrevocably grant us all your rights, title, and interest to all. We will be free to use such comments in any way without any obligation to you. You waive the right to bring any claim against us related to our use of any Feedback, including those relating to "moral rights".
10- Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement to the extent such delay or non-performance arises from an act of God, governmental intervention, war, fire, flood, explosion, civil commotion, armed hostilities, terrorist act, blockade of revolution, blockade, strike, lockout, picket, industrial or commercial dispute to the extent that these do not include Party functionaries claiming relief; accident (or breakdown) of a plant or machine, shortage of any material, labor, transportation, electricity or other supply, or regulatory intervention; bad weather or illness; any action or intervention of a competent judicial or regulatory authority; viruses or other defects caused by unauthorized access to the Software, unauthorized access to the Platform Website or any type of hacking, including any "denial of service" or other targeted network attack; Loss of supply of essential services including electric power, communications, air conditioning and third party services; or any event (including any act or omission of any third party) outside its reasonable control that could not have been reasonably planned or avoided (each a Force Majeure Event), provided that the affected party notifies the other party immediately in writing and take all necessary measures to mitigate the effect of such delay or non-performance of the Force Majeure Event and provide the corresponding evidence to the other party.
11- No partnership or agency
The parties are independent contractors, and nothing in this Merchant Agreement will create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between the parties.
You agree to indemnify, defend (if requested by us), and hold harmless the Platform and our officers, directors, suppliers, partners and agents from and against any third party claims, demands, losses, damages or expenses (including reasonable attorneys' fees) arising out of (a) content you post or submit it, (b) your use of the Platform (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your obligation to indemnify will survive termination of these Terms and your use of the Platform.
13- No Compromise:
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you register an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms shall confer any right, benefit, or compensation on any third-party person or entity. You agree that your Account is not transferable and that all rights to your Account and other rights under these Terms terminate upon your death.
14- Your content: the rules
14.1 You warrant and represent that Your Content will comply with this Agreement and the Terms and Conditions.
14.2 Your Content must not be illegal, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
14.3 Your Content and the use of Your Content by us in accordance with this Agreement and the Terms and Conditions, shall not include any of the following:
(a) is falsely defamatory or false;
(b) is obscene or indecent;
(c) infringes any copyright, moral right, database right, trademark, design right, right of assignment, or other intellectual property right;
(d) infringe any right of confidence, right to privacy or right under data protection legislation;
(e) constitutes negligent advice or contains any statement of negligence;
(f) constitute an incitement to commit an offense or an instruction to commit an offense or promote criminal activity;
(g) contravene any court or order;
(h) violate racial or religious hatred or discrimination legislation;
(i) be a blasphemer;
(j) in violation of official legislation;
(k) breach any contractual obligation to any person;
(l) Explicit, graphic or gratuitous depiction of violence.
(m) is pornographic, obscene, suggestive or sexually explicit.
(n) is untrue, false, inaccurate or misleading.
(o) consist of or contain any instructions, advice or other information that can be acted upon and which, if acted upon, could cause illness, injury, death or other loss or damage.
(p) constitute spam
(q) is abusive, deceptive, fraudulent, threatening, abusive, harassing, antisocial, menacing, hateful, discriminatory, or inflammatory; or
(r) cause inconvenience, inconvenience or needless anxiety to any person.
15- Breach of this Agreement and the Terms and Conditions:
15.1 Without prejudice to our other rights under this Agreement and the Terms and Conditions, if you breach this Agreement and the Terms and Conditions in any way, or if we reasonably suspect that you have breached this Agreement and the Terms and Conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Platform
(c) permanently deny you access to the Platform;
(d) prevent computers/mobile devices using your IP address from accessing the Platform
(e) contact any or all of your internet service providers and ask them to block your access to the Platform.
(f) initiate legal proceedings against you, whether for breach of this Agreement and the Terms and Conditions or otherwise; wow
(g) suspend or delete your account on the Platform.
16.1 If one of the provisions of this Agreement and the Terms and Conditions is determined by any court or other competent authority to be illegal and/or unenforceable, the other provisions will remain in effect.
16.2 If any illegal and/or unenforceable provision of this Agreement and the Terms and Conditions would be lawful or enforceable if part of it were deleted, then that part will be deemed to be deleted, and the remainder of the provision will remain in effect.
17- Third party rights:
17.1 This Agreement and the Terms and Conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under this Agreement shall not be governed by the Terms and Conditionsconsent any third party.
18 - Our data:
18.1 This platform is wholly owned by Capital Limitedwait by it and registered in the marketAbu Dhabi financial.
18.2 If anyinquiries or notes orcomplaints You can send us an e-mail.