Last updated June 16, 2022
1. WHO WE ARE AND HOW TO CONTACT US
UserQ is a website (the “Website”) owned and operated by Digital of Things DMCC (“we”, “us” and “our”). The Website and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Website are collectively the “Platforms”.
We are registered in the United Arab Emirates and have our registered office at 1504 Indigo Icon Tower, Cluster F, Jumeirah Lakes Towers, Dubai.
To contact us, email us or call us at +971 (0)4 770 7569.
2. YOU ACCEPT THESE TERMS BY USING THE PLATFORMS
Supplemental terms and conditions or documents that may be posted on the Platforms from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms. Please ensure that you check the applicable Terms every time you use our Platforms so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Platforms after the date such revised Terms are posted.
The information provided on the Platforms 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 Platforms 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.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Platforms.
You are responsible for ensuring that all persons who use the Platforms through your network are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3. THESE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms incorporate the following additional terms, which also apply to your use of the Website:
- our Privacy Notice available here
4. HOW YOU MAY USE MATERIAL ON THE WEBSITE
Unless otherwise indicated, the Platforms are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platforms (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and treaties around the world. No Marks are granted in connection with the materials contained on the Platforms.
We, together with our suppliers and licensors expressly reserve all intellectual property rights in all the Content and Marks. The Content and the Marks are provided on the Platforms “AS IS” for your information and personal use only. Except as expressly provided in these Terms , no part of the Platforms and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You may temporarily download copies of the Content on the Platforms for personal, non-commercial transitory viewing only and you may draw the attention of others within your organisation to content posted on the Platforms. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
If you print off, copy or download any part of the Platforms in breach of these Terms, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials in your possession whether in electronic or printed format.
5. YOUR RESPONSIBILITIES TO US
By using the Platforms, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platforms; (5) you will not access the Platforms through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platforms for any illegal or unauthorized purpose; and (7) your use of the Platforms will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platforms (or any portion thereof).
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
You may be required to register with the Platforms. You agree to keep your password confidential and will be responsible for all use of your account and password. You must not disclose your password to any third party.
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.
We also have the right to disable any user identification, code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification, code or password, you must notify us via email at email@example.com.
7. MAKING PAYMENTS THROUGH THE PLATFORMS
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platforms. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, 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 Platforms. Value Added Tax (VAT ) will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US Dollars.
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.
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 Platforms.
8. HOW TO CANCEL YOUR SUBSCRIPTION
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at firstname.lastname@example.org or call us at +971 (0)4 770 7569.
9. HOW YOU MUST NOT ACT WHEN USING THE PLATFORMS
You may not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Platforms, including but not limited to:
- Systematically retrieve data or other content from the Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Platforms, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platforms and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platforms.
- Use any information obtained from the Platforms in order to harass, abuse, or harm another person.
- Make improper use of our services or submit false reports of abuse or misconduct.
- Use the Platforms in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Platforms.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platforms or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Platforms or the networks or services connected to the Platforms.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platforms to you.
- Attempt to bypass any measures of the Platforms designed to prevent or restrict access to the Platforms, or any portion of the Platforms.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platforms.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Platforms.
- Make any unauthorized use of the Platforms, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Platforms as part of any effort to compete with us or otherwise use the Platforms and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Platforms to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- Commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals
10. YOUR CONTRIBUTIONS ON THE PLATFORMS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platforms, and other users of the Platforms to use your Contributions in any manner contemplated by the Platforms and these Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platforms and these Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) or against the customs or norms of the region in which the Platforms are referred to.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not consist of any prohibited content as set out in the Internet Guidelines of the Telecommunications and Digital Government Regulatory Authority available here or the guidelines of any other applicable regulatory authority, as may be introduced or amended from time to time.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Platforms in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Platforms.
By submitting suggestions or other feedback regarding the Platforms, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platforms. You are solely responsible for your Contributions to the Platforms and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
11. YOUR SUBMISSIONS TO US
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential. To the extent that any Submissions are proprietary in nature, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
12. HOW WE MANAGE THE PLATFORMS
We reserve the right, but not the obligation, to: (1) monitor the Platforms for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platforms or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platforms in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platforms.
13. HOW WE MANAGE YOUR PERSONAL INFORMATION
14. IF YOU BECOME AWARE OF COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Platforms infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platforms infringes your copyright, you should consider first contacting an attorney.
15. DURATION AND TERMINATION OF THESE TERMS AND YOUR USE OF THE PLATFORMS
These Terms shall remain in full force and effect while you use the Platforms. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Platforms (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 Platforms 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.
16. MODIFICATIONS AND INTERRUPTIONS TO THE PLATFORMS
We reserve the right to change, modify, or remove the contents of the Platforms at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Platforms. We also reserve the right to modify or discontinue all or part of the Platforms 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 Platforms.
We cannot guarantee the Platforms will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platforms, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platforms 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 Platforms during any downtime or discontinuance of the Platforms. Nothing in these Terms will be construed to obligate us to maintain and support the Platforms or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW AND JURISDICTIOIN
These Terms shall be governed by, interpreted and construed in accordance with the laws of the Dubai International Financial Centre, in the Emirate of Dubai, United Arab Emirates. You agree that any dispute or difference arising out of or in relation to these Terms will be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre, in the Emirate of Dubai, United Arab Emirates.
18. CORRECTIONS TO THE PLATFORMS
There may be information on the Platforms that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platforms at any time, without prior notice.
The Content on the Platforms are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Platforms or otherwise relating to such materials or on any site linked to the Platforms.
Our responsibility for loss or damage suffered by you; in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss or corruption of data, or other damages arising from your use of the Platforms, even if foreseeable. Notwithstanding anything to the contrary contained in these Terms, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to use during the twelve (12) month period prior to any cause of action arising or [insert amount in AED]. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
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) use of the Platforms; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platforms with whom you connected via the Platforms. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense 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.
21. USER DATA FOR THE PURPOSE OF MANAGING PERFORMANCE OF THE PLATFORMS
We will maintain certain data that you transmit to the Platforms for the purpose of managing the performance of the Platforms, as well as data relating to your use of the Platforms. 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 Platforms. 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.
22. COMMUNICATIONS WITH YOU
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 Platforms, 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 via the Platforms. 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.
23. GENERAL TERMS
These Terms and any policies or operating rules posted by us on the Platforms or in respect to the Platforms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. 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 these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms 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 these Terms or use of the Platforms. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
24. HOW TO CONTACT US
In order to resolve a complaint regarding the Platforms or to receive further information regarding use of the Platforms, please contact us at:
Digital of Things DMCC
1504 Indigo Icon Tower
Cluster F, Jumeirah Lakes Towers
United Arab Emirates
Phone: +971 (0)4 770 7569