This Terms of Use Agreement (hereinafter referred to as “Agreement”) is entered into between you (hereinafter referred to as “User”) and the company I.Engineer- FZCO incorporated in the United Arab Emirates with its address Dubai Digital Park (hereinafter referred to as “Company”).
PURPOSE
Whereas, this Agreement governs the access and use of the website www.iengineerfz.com or the mobile applications designed by I.Engineer – FZCO by Users (hereinafter referred to as “Platform(s)”) developed, owned and managed by I.Engineer-FZCO
Whereas, the Users wishes to use the data storage services provided by the company I.Engineer-FZCO by the use of the Platforms for easy access and networking purposes
Whereas, the Users agree and accept that the Terms of Use of this Agreement is subject to changes upon the discretion of the company I.Engineer-FZCO Whereas, by accepting the terms of use of this Agreement the Users accept and agree to be bound by an irrevocable and non-negotiable Agreement and any other documents incorporated by reference
Whereas, the Users by accepting this Agreement confirm and agree that they are at least 18 years and above and are fully able and competent to enter into and comply with this Agreement.
1. GENERAL TERMS AND CONDITIONS
The Users through this agreement agree that the company I.Engineer-FZCO through its website and mobile applications provides platforms to engage and enhance their business and professional network by providing data storage facility. The Users agree that the Platforms does not provide the service of networking and connecting with other users unless agreed otherwise.
The Users agree that upon using the Platforms the Users at its own discretion has entered into a contractual relationship with the I.Engineer-FZCO company and is responsible for the protection of the data accessed and stored within the Platform. The company I.Engineer-FZCO will not be held responsible and liable for any inappropriate usage or misuse of the data stored in the Platform by the User.
The Users agree that all the data stored in the Platform under the User’s account including the third party data, User’s data and other data or information is private and confidential. Only if the User grants permission the User’s information will be available to other users of the Platform for viewing, networking and connecting purposes.
The Users acknowledge that the company I.Engineer-FZCO does not conduct a background check or due diligence on the other Users utilizing the Platforms The company I.Engineer-FZCO through this agreement strictly warns the Users of the Platforms that the company I.Engineer-FZCO is not responsible and obligated to the Users over the quality, reliability, timing, durability, legality aspect of any data or information stored in the Platforms under the User’s account.
The User agrees to not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the applicable law.
The company I.Engineer-FZCO _is not responsible for the User’s conduct in the Platforms whether offline or online and also, the User hereby releases the company I.Engineer-FZCO and its affiliates from any liability arising due to confidentiality and privacy of the data or information stored in the User’s account related to any claim, injury or damage arising in connection with misuse of data, hacking, unauthorized third party or users interference or sale of data of the data or information stored in the User’s account. However, the company I.Engineer-FZCO must maintain highest data protection mechanism to protect the data of the User and the third party data stored by the User in the Platform. Also, the company I.Engineer-FZCO shall conduct risk assessments and audits to ensure that third parties appointed by the company are maintaining adequate controls to protect personal data and third party data in the Platform.
The company I.Engineer-FZCO to protect and safeguard the data of the User and the data of third party stored in the applications shall ensure that the company processor and third party data processors are ensuring appropriate acts to safeguard the data of the User and the data of third party stored in the Platform. The User agrees that any kind of unauthorized third party information including unauthorized data, unauthorized pictures, images and other personal data of third party stored and shared in the Platforms are not of the I.Engineer-FZCO company’s responsibility and agrees to indemnify the I.Engineer-FZCO company from any third party claims, damages related to breach of third party privacy rights and confidentiality.
The User agrees to not post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the company I.Engineer-FZCO.
The User agrees that it is possible that the other Users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Platforms and that the User may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about the User due to User’s use of the Platforms, and that the recipient may use such information to harass or injure the User. We do not approve of such unauthorized uses and shall maintain highest data protection processor and mechanism to safeguard the data and information stored in the Platforms.
The Users agree that upon utilizing the Platforms that they will comply with the laws of the United Arab Emirates; they will not engage in any wrongdoings and illegal activities, or unethical business practices that will harm the reputation and business practice of the company I.Engineer-FZCO.
The company I.Engineer-FZCO reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile of the User at any time.
The User has the right to provide feedbacks, questions, complaints related to the services and operation of the Platforms that is not discriminatory and defamatory under the applicable law.
In all cases, the company I.Engineer-FZCO its affiliates and subsidiaries, will not be liable for any loss or damage that occur due to the User’s usage of the Platform which is not reasonably foreseeable.
However, company I.Engineer-FZCO does not exclude liability for death or personal injury caused by the company’s negligence. This limitation may only apply to the extent permitted by law.
The company I.Engineer-FZCO is committed to protecting the User’s privacy and third party data stored in the Platforms.
The company’s privacy policies explain how the company I.Engineer-FZCO treats the User’s personal data, third party data stored in the Apps by the User and protect the User’s privacy when the User uses the Platforms. By using the Platforms, the User agree that the company I.Engineer-FZCO can use only the User’s data in accordance with the company’s privacy policy.
Only authorized employees within the company who, in the course of their duties, can access and use information collected from the Users The company I.Engineer-FZCO is constantly reviewing the systems and data to ensure the best possible data protection service to the Platforms. However, the User acknowledges and accepts that certain level of risk is involved with respect to usage of the Platform and storing data and information of the User and third party.
2. REGISTRATIONION BY USERS
The company I.Engineer-FZCO upon the User creating an account with the Platform (hereinafter referred to as “Account”) grants permission and rights to use the Platforms to store confidential and private data and information of the User and third party subject to the restrictions set forth in this Agreement and other notice delivered to the User.
The User by creating an account with the Platforms agrees to provide information and data that is name, mobile number, email address and other personal information and by registering the account the User agree to provide true, accurate, current and complete information as for the registration of the account and as in when required by the application (hereinafter referred to as “Registration Data”)
The User agrees that by providing such Registration Data, the User will not knowingly omit or misrepresent any material facts or information. If so, the User will promptly enter corrected or updated Registration date via the App.
The User consents and authorizes the company I.Engineer-FZCO to verify the Registration Data as required for the User’s use of and access to the application needed. The company I.Engineer-FZCO reserves the right to suspend or terminate the Account of any User who provides inaccurate, untrue or incomplete information, or who fails to comply with the account registration requirements.
Upon creating an account with any application of I.Engineers-FZCO, the User will receive a unique user identification and password in connection with third party consumer Account (hereinafter collectively referred to as “Account ID”) The User agrees to maintain the User’s Account solely for their own usage and will not allow another person to use their Account IDs to access or use the designated application under any circumstances.
The User is solely and entirely responsible for maintaining the confidentiality of their Account ID’s, third party data and User’s data from any damages, liabilities or losses incurred or suffered as a result of the User’s failure to do so the company I.Engineer- FZCO is not liable for any harm caused by or related to the theft of the User’s Account ID, third party data, User’s data, or User’s authorization to allow another 6 person to access or use the of the account under User’s Account ID, and disclosure of User’s Account ID.
The User through this agreement provides their consent to receive information regarding the services, promotions and notices through the designated application to their registered email address.
3. SUBSCRIPTION
The usage of the I.Engineer-FZCO applications is billed on an initial subscription basis (“Subscription(s)”). The User will be billed in advance by Stripe wherein, upon download of the App, the User is billed by a payment service provider known as Stripe. Therefore, no payment related information such as Credit Card or Debit Card details and other payment details are not made available to the company I.Engineer-FZCO and such data are not under the possession of the company I.Engineer-FZCO. The User agrees that in the event of termination of the User’s Account there will be no reimbursement of the Subscription fee.
The User agrees that in no event the company I.Engineer-FZCO will be held responsible or liable for any dispute related to payment transaction with Stripe. Also, the User agrees that for any claims, damages, reliefs related to payment transaction and misuse or unauthorized disclosure of confidential data related to User’s Credit Card or Debit Card details and other payment details are under the responsibility of Stripe and the company I.Engineer-FZCO will not be held responsible for whatsoever reasons.
4. SOFTWARE IN THE PLATFORM
When the Platform requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available.
The company I.Engineer-FZCO gives you a personal, worldwide, royalty-free, non- assignable and non-exclusive license to use the software provided to the User by the company I.Engineer-FZCO as part of the Platform. This license is for the sole purpose of enabling the User to use and enjoy the benefit of the Platform as provided by the company I.Engineer-FZCO, in the manner permitted by these terms. The User may not copy, modify, distribute, sell, or lease any part of the Platform or included software, nor may the User reverse engineer or attempt to extract the source code of that software.
5. CONFIDENTIALITY
The terms of this Agreement are confidential, and the company and User agrees to not disclose the terms described herein to any third party without the other Party’s written consent.
The terms contained herein are confidential between the company I.Engineer- FZCO and the User is not known to the general public outside of this Agreement, thus any breach of this confidentiality provision by the company I.Engineer-FZCO or User shall be considered a material breach of this Agreement and will result in irreparable and continuing damage to non-breaching party and in the event of such breach the non-breaching party will be entitled to relief in the form of monetary damages.
The company I.Engineer-FZCO and User by this agreement accept and agree not to sell, disclose, copy, download or extract any information or data that is stored in the Platform, the information related to User’s account and other User’s information that is deemed confidential and not available to the public without the company’s written consent.
The company I.Engineer-FZCO and the User duly acknowledge and accept that upon the termination of this agreement both parties will return or destroy the confidential information under their possession and may retain information that is required under the law.
Clause No. 3 (Confidentiality term) continues to survive even after the termination 8 of this Agreement and is binding upon the User and the company I.Engineer-FZCO
6. GOVERNING LAW AND JURISDICTION
The Parties to this Agreement agree that all questions respecting the negotiation, execution, construction, performance, interpretation, breach, or enforcement of this agreement or the rights, obligation and liabilities of the Parties hereto, shall be determined in accordance with the applicable provision of the law of the United Arab Emirates. Should any Party assert that a violation has occurred; the Party shall have the right and entitlement to take action to remedy the violation or issue in the Dubai Courts. The decision by the Dubai Courts is final and binding on all the parties to this agreement and the decision is enforceable on the other party in their competent jurisdiction.
7. INTELLECTUAL PROPERTY RIGHTS
The company I.Engineer-FZCO has the exclusive license, rights, and ownership to the intellectual property of the software in the Platforms without limitation any invention, patent, utility model rights, copyright, trademarks, trade names, internet domain names, design rights, designs, service marks, rights in get-up, database rights, know- how, trade secrets in each case: (i) whether the same are capable of protection by registration, (ii) whether the same is registered or not, (iii) including the right to apply to register any of them, (iv) including any applications to protect or register such rights, (v) including all renewals and extensions of such rights or applications ( hereinafter referred to as “Intellectual Property”).
The User agrees not to copy, reproduce, modify, create derivate works of, or attempt to derive the composition or idea of I.Engineer-FZCO Intellectual Property; use any of I.Engineer-FZCO Company Intellectual Property in a way that infringes or misappropriates the company I.Engineer-FZCO Intellectual Property rights; breach, disable, tamper with the company I.Engineer-FZCO Intellectual Property; merge or combine any other technology that is not provided by the company I.Engineer-FZCO with the company I.Engineer-FZCO Intellectual Property.
The company I.Engineer-FZCO grants the User with a limited, revocable, no transferable, non-exclusive license to access and use the designated application solely for the purpose of data and information storage in the Platform.
8. INDEMINITY
The User agrees to defend, indemnify and hold_the company I.Engineer-FZCO, its affiliated and related entities, and any of their officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to attorney’s fees and costs) arising out of or relating to any of the following:
(i) Any breach or alleged breach by the User of this Agreement or their obligations stated in the Terms of Use of this Agreement;
(ii) Any claim arising out of or relating to the services provided by the Platform including but not limited to, any claims for false advertising, theft of the confidential data, misuse of the confidential data, product defects, injury, third party intellectual claims, death, or property damages related to the use of the Platform
The User continues to indemnify the company I.Engineer-FZCO after the termination of this Agreement and the User’s use of the Platform. The company I.Engineer-FZCO have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any products, services, advertisements and other Content appearing in or linked to the Platform
9. TERM AND TERMINATION
The company I.Engineer-FZCO reserves the right to terminate the agreement and the 10 account of the User upon immediate effect within thirty (30) days’ notice to the User in the event of breach of the terms of use of this Agreement, if the User engages in any inappropriate acts or omissions that is detrimental and damaging to the company I.Engineer-FZCO or its affiliates.
The termination of the Agreement will not prejudice the rights of the User or the company I.Engineer-FZCO that has accumulated during the term of this Agreement and prior to its termination.
10. CONTACT US
For any further clarification of , please write to the Terms of Use, the User may contact contactus@iengineerfz.com