This User Agreement (hereinafter referred to as the “Agreement”) is an agreement between “you” and Fox Consulting FZ LLE operating as Kahunas.io (hereinafter referred to as “Kahunas” or “we” or “us” or “our”, as the context requires) governing your access to and use of our services and/or software (collectively referred to as the “Services”) with the characteristics and features described on https://kahunas.io as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (hereinafter collectively referred to as the “Site”).
Fox Consulting FZ LLE is a company established under the laws of the United Arab Emirates having its registered office at Creative Tower, Fujairah, Fujairah 4422. We may have subsidiaries and affiliated legal entities around the world (referred to as the “Subsidiaries and Affiliates”), providing the Services to you on behalf of Kahunas. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.
By accessing the Site at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms herein. This Agreement applies to all visitors, users and others who access the Service (collectively referred to as the “Users”) who access and use the Site and Service. Your access to and use of the Services is conditioned upon your acceptance of and compliance with this Agreement. If you do not understand this Agreement or do not agree with the terms contained herein in its entirety, you are expressly prohibited from using the Site and our Services and you must discontinue the use and/or access immediately. If you are using our Site and Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the terms of this Agreement on behalf of that business or legal entity. We will not be liable for any consequences arising from your unauthorized use.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. Any use of this Site, its Contents or Marks, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use without our permission is strictly prohibited. Except as expressly provided in these terms, no part of our Site, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited, in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution or any commercial purpose whatsoever, without our prior written consent.
By accepting the use of terms hereunder you agree that we do not transfer/assign the title to the Site to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by us, we retain the full and complete right, title and interest to the Site, and all intellectual property, title and interest to the Site, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site in any manner which is contrary to this Agreement.
Any unauthorised usage of our Site, Contents, or Marks, without our written authorization shall be considered a breach of this Agreement, and you shall indemnify us for all liability incurred in this regard.
By using the Site, you represent and warrant in addition to the other express and implied representations and warranties, that:
The Users hereby acknowledge and agree that for using the Services, you may be required to register with the Site for availing the membership of your choice from the memberships offered by us on our Site. Once you complete the registration process as required by us, you will become a member.
Upon registration, you agree to keep your password confidential, and understand and agree that you will be solely responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
By providing your email address/ phone number to us, you expressly consent to:
Subject to these terms and conditions of use and successful completion of the registration, we grant you a non-transferable, non-exclusive, non-sublicensable limited right and license to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.
FREE TRIAL: We offer a 14-day free trial to new Users who register with the Site. After the completion of the trial, the account will be automatically charged according to the User’s chosen subscription without the need to seek further approval from the user. The user may choose not to continue with the subscription after the trial by cancelling the trial at least 12 hours before its expiration and if the trial is not cancelled, the user gives us the right to start the subscription plan chosen by the user and deduct the payment from the payment method provided by the user.
You agree that any trial version is not full-featured and the use of certain features of the Service may be disabled or limited in any manner deemed appropriate. You may activate all features of the Service by purchasing a subscription.
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below at least 48 (forty-eight hours) before the end of the existing paid term, provided that if the registration is not cancelled before 48 (forty-eight) hours before the end of the existing paid term and the payment for automatic renewal is deducted, you shall not be entitled to receive any refund for the paid term and your cancellation will take effect at the end of the current paid term.
You are not permitted to and shall not do any of the following acts, the breach of which shall entitle us to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
Despite providing you the access to our Site and Services, we reserve certain rights as mentioned below:
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site, and further agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. You agree that we may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion.
You undertake to promptly provide us with any contact or billing information changes or updates including phone number, email address, payment method, credit card numbers, etc. so that we can complete your transactions and contact you as needed.
We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us in accordance with the applicable laws. We may change prices at any time. All payments shall be in USD, GBP, EUR. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. Subscription / membership renews automatically unless cancelled at least 48 (forty-eight) hours prior to the end of the subscription period. If we are unable to receive the payment, including payment of recurring charges, from the payment method provided by you for whatsoever reasons, you agree to immediately update/change such method with such other payment method to ensure the payment upon being notified about the default in payment and if you fail to do so, we reserve the right to terminate your account and further services in addition to any other rights or remedies we may have against you for claiming such payment.
You must notify us about any billing problems or discrepancies within 7 (seven) days after charges first appear on the account statement. If it is not brought to our attention within the stipulated duration, you agree to waive your right to dispute such problems or discrepancies and the payment made shall be considered final. Any such dispute regarding billing problems or discrepancies shall be raised by sending an email to email@example.com.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site in our sole discretion.
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Site, or to make contact with other Users of our Site, you must comply with applicable data protection rules/laws and the content standards set out herein. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third-party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.
By Posting any User Content on the Site, you expressly automatically grant, and you represent and warrant that you have a right to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purpose of the Service.
You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You confirm and warrant that you have all the rights, power and authority necessary to grant the above license.
You must comply with applicable data protection rules/laws and the content standards set out herein. The content standards apply to each part of a contribution as well as to its whole. You understand that your contributions must not:
We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by us to the Site or the Services will automatically terminate without the need to give prior notice to you for such termination.
Our Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (collectively the "Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these terms and Agreement no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
You acknowledge and expressly agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third-Party Website or Third-Party Content.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively the "Submissions"). You acknowledge and agree that the Submissions provided by you to us are non-confidential and non-proprietory.
By posting your Submissions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Submissions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Submissions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Submissions, and you warrant that moral rights have not otherwise been asserted in your Submissions.
We do not assert any ownership over your Submissions. You retain full ownership of all of your Submissions and any intellectual property rights, or other proprietary rights associated with your Submissions. We are not liable for any statements or representations in your Submissions provided by you in any area on the Site. You are solely responsible for your Submissions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Submissions; (2) to re-categorize any Submissions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Submissions at any time and for any reason, without notice. We have no obligation to monitor your Submissions.
You are granted a limited, non-sub-licensable right to access the Mobile App, Desktop App, the Services and Content for the purpose of enabling you or other users to access the Site, the App and/or the Services via third party software on wireless electronic devices owned or controlled by you, and to access and use the Mobile App on such devices strictly in accordance with the terms. Any use of the Mobile App, Desktop App, is bound by the terms of this agreement plus the following specific terms:
We may make available software to access the Service via the App using a mobile device. We do not warrant that the App will be compatible with your mobile device. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.
You acknowledge that applicable network/data charges may be incurred through your use of the App and you agree that you are responsible for any and all such charges that may be charged to you and that we shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the App are dependent on your agreement with your service provider and that we have absolutely no liability to you in respect of such charges. You agree that use of the App whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. We has no liability to you in respect of such charges.
APPLE AND ANDROID DEVICES: The following terms apply when you use a Mobile App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
We reserve the right, but not the obligation, to:
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
If there is any issue with the Site or the Services, you may register a complaint by sending a formal email at firstname.lastname@example.org. The complaint should clearly define the issue you are facing to enable us to look into the matter and assist you.
It shall be our endeavor to respond to your complaint(s) and provide a solution. However, we shall not be liable to respond and provide solution to the Users who are merely accessing our Site and are not using the Services.
For the Users who have taken a subscription and are using our Services, we shall respond to their complaint within 5 working days from the date of receiving the complaint with possible solution. If the issue is still not resolved, we will organize a call or online meeting with the User to resolve the complaint within ten business days from the date the complaint was first registered.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (6) ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES, (7) NON-FULFILMENT OF YOUR EXPECTATIONS REGARDING THE QUALITY OF THE SITE, CONTENT, SERVICES AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE CONTENT OF THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE/SUBSTITUTE PROFESSIONAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR NEEDS. YOU AGREE THAT YOU WILL NOT UNDER ANY CIRCUMSTANCES DISREGARD ANY PROFESSIONAL ADVICE OR DELAY IN SEEKING SUCH ADVICE IN RELIANCE ON ANY CONTENT PROVIDED ON OR THROUGH THE SITE. RELIANCE ON ANY SUCH CONTENT IS SOLELY AT YOUR OWN RISK.
The Content on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our directors, employees, agents, Subsidiaries and Affiliates, and third parties connected to us hereby expressly exclude:
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, Affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Submissions; (2) use of the Site; (3) breach of any term of this Agreement; (4) any breach of your representations and warranties set forth herein; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
You acknowledge that we have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
This Agreement shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You are eligible for a refund of your subscription in case there have been service failures that are not resolved within fifteen (15) days from the date you notify about such failure to us by sending an email to email@example.com.
Depending on the duration of your subscription, you may cancel your subscription within the stipulated timelines from the date of subscription. In the event that you cancel your subscription by notifying us in writing, we shall refund any license or subscription fees as below:
The refund will be processed within thirty (30) days from the date when the subscription is cancelled by the user in the same payment mode with which we had received the subscription fees.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
The option of having unlimited clients under the subscription is subject to our fair usage policy. The feature of unlimited clients means that the number of clients one user can handle should not exceed a maximum of 300 clients per account subscription.
Any reference to this Agreement means and includes this User Agreement with any changes and any policies posted on our Site from time-to-time in their latest version.
This Agreement and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time without having any obligation to notify you.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Site.
You agree that this Agreement and any policies contained herein or posted on our Site will not be construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of this Agreement or any policies and the lack of signing in person by the parties hereto to and abide by the Electronic Communication, Transactions, and Signature clause of this Agreement.
This Agreement shall be construed, interpreted and governed by the laws of the United Arab Emirates.
To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute for at least thirty (30) days with the intent to reach out amicable settlement. Such negotiations commence upon written notice from one Party to the other Party.
In case the Parties are unable to resolve the dispute within thirty (30) days, the Parties hereby agree that any such dispute shall then be submitted to the exclusive jurisdiction of the Dubai Courts, not including the DIFC Courts.