|a. Use of Services
You have all necessary right, power and authority to enter into this Agreement and
to perform the acts required of you hereunder.
Your ability to access and use the Services may require the payment of third party
fees and charges (including but not limited to fees and charges such as telephone
toll charges, airtime charges or internet service provider fees and/or fees or taxes
imposed on internet services, including any sales or use taxes by governmental
agencies) and that Invomate shall not be responsible for paying any such fees,
charges and taxes.
To gain access to and use the Services, you will be required to provide an e-mail
address and to create a log-in and password (collectively, "Sign-In Information").
You are solely responsible for all activity occurring under your Sign-In Information.
You must keep your Sign-In Information confidential and must not share your Sign-
In Information with third parties. Invomate has no obligation or responsibility with
regard to your use, distribution, disclosure or management of Sign-In Information.
Notwithstanding the foregoing, Invomate may require you to change your Sign-In
Information if such Sign-In Information is inconsistent with the terms of this
Agreement. You agree that Invomate may act in reliance, without investigation,
upon any of your Sign-In Information. We will not be required to inquire into the truth
or evaluate the merits of any of your Sign-In Information or any statement or
representation contained in any notice, document or other communication
presented or otherwise transmitted by you. Any Person using your Sign-In
Information is conclusively deemed to have actual authority to engage in
transactions using the Services and, accordingly, all transactions made by a Person
using your Sign-In Information are hereby authorized and approved by you, and you
hereby agree to indemnify, defend and hold Invomate harmless from any claims or
damages arising from or relating to any such transactions.
You acknowledge and agree that your use of the Services may require equipment
and/or software from third parties that you may need to access or use the Services,
and that Invomate shall not provide or be responsible in any way for such
equipment and/or software.
In the event of any inconsistent claims to rights of ownership or access to the
Services, Invomate may in its sole and exclusive discretion: (a) take no action; (b)
suspend the Account and deny access to Services to all Persons; (c) grant access
to the Account and Services to some but not all Person(s); and/or (d) take such
other action(s) as it deems appropriate. You acknowledge that any action or inaction
by Invomate does not rely upon whether or not the Person(s) affected are a
"subscriber" to the Services or the Services have been paid for by the Person(s) or
You are the owner or authorized user of all Content related to your use of the Services.
Unless you have all requisite rights to submit and use Personal Information and
other Content, you acknowledge and agree that you will not submit such Content or
information to the Site or to otherwise use such Content in any manner that involves
You will not publish, post, upload, record, link to or otherwise distribute or transmit
any Content that: infringes or violates, or would infringe or violate, any copyright,
patent, trademark, service mark, trade name, trade secret, domain name or other
intellectual property or proprietary right of Invomate or any other Person, or any
rights of publicity or privacy of any Person; violates any applicable law, statute,
ordinance or regulation (including without limitation applicable laws and regulations
concerning anti-discrimination, export controls, false advertising or unfair
competition); promotes, solicits, comprises or contains abusive, defamatory,
excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene,
pornographic, profane, threatening, vulgar or otherwise inappropriate, objectionable
or unlawful material; is harmful to minors; contains corrupted files, trojan horses,
viruses, worms or any other similar data, programs or software that may damage,
expropriate, intercept or interfere with any data, information, property or system of
another Person or that may damage or interfere with the Services; is materially
false, misleading or inaccurate; advocates, assists, incites, instructs, promotes or
otherwise encourages violence or any illegal activity; attempts to mislead others
about your identity or the origin of any message or other communication,
impersonates or otherwise misrepresents your affiliation with Invomate or any other
Person, or is otherwise false, misleading or inaccurate; or contains information for
which you do not have the right to permit Invomate to collect and process.
|c. Legal Compliance
You have the full power and authority to grant all licenses and other rights to third
party property (including third party intellectual property) that are granted or required
to be granted by you to Invomate and its Affiliates pursuant to this Agreement.
You are solely responsible for your familiarity and compliance with any and all laws
that may prohibit you from accessing or using any part or all of the Services or that
may limit or regulate such participation or use.
You agree not to use the Services for any illegal or improper purpose.
You agree to comply with all applicable local, state, national and international laws
and regulations, including without limitation laws relating to intercepting, monitoring
or recording communications, privacy and data protection, and public displays or
performances. You further agree that neither this Agreement nor any other right or
remedy of Invomate requires Invomate to exercise any right or remedy in order to
benefit or protect you or any other Person, although Invomate reserves the right to
do so in its sole discretion.
Payments By You.
The payment information supplied to Invomate by you (if applicable) is,
and shall at all times during the life of this Agreement, be true, accurate and complete. You
covenant that payments made by you to Invomate and Affiliates will be honored by the
financial entity facilitating the payment on your behalf. If any payment is not so honored,
you remain liable for payment of all amounts due under this Agreement. You acknowledge
and agree that we may change our charges, fees and pricing for future renewals of the
Services, and that the cost of future renewals for the Services may increase.
Invomate has the right to change the payment plans value without prior approval from the client.
Clients have the option of making their payments through the use of credit card
payment upon choosing the plan or as any other ad value services that maybe
introduced in the future by Invomate. Visa and Master Card in AED will be accepted
The cardholder must retain a copy of transaction records and Merchant policies and rules.
By using the credit card to affect the payment, the cardholder herewith
agree and confirm the usage of his card in the purchase transaction without any
legal claims over Invomate.
Method of Payment, Card Types accepted and Currency: We accept payments online using Visa and MasterCard credit/debit card in AED
(or any other currency agreed).
Refund/Return policy: Refunds will be done only through the Original Mode of Payment.
Payment confirmation: payment confirmation shall be communicated via EMAIL and or SMS.
You acknowledge and agree that any unauthorized use, copying or
distribution of the Services is expressly prohibited by law and by this Agreement and may
result in severe civil and criminal penalties against you. Violators will be prosecuted by
Invomate to the maximum extent possible. Without limitation, you agree not to engage in
any of the following unauthorized uses: (i) Attempt to gain unauthorized access to the
Services, or to other Accounts, computer systems or networks connected to the Services,
whether through hacking, password mining or any other means; (ii) Falsify or delete any
copyright management information, such as author attributions, legal or other proper
notices or proprietary designations, or labels of the origin or source of software or other
material contained in a file that is uploaded; (iii) Obtain or attempt to obtain any materials or
information through any means not intentionally made available through the Services; (iv)
Engage in any extraction of data or data fields, including without limitation e-mail
addresses; (v) Disrupt, interfere with or inhibit any other Person's use and enjoyment of the
Services; (vi) Violate the rights of Invomate or any third party, including without limitation
abuse, defame, defraud, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of Invomate or any third party; (vii) Use any Invomate
domain name as a false return e-mail address; (viii) Use the Invomate name to advertise,
market or sell any type of goods or services or imply in any type of communication that
Invomate endorses or is associated with such goods and services unless Invomate has
given its prior written consent for such activity; (ix) Access and/or use the Services or any
type of software or equipment that could in any manner damage, disable, overburden,
impair or otherwise interfere with or disrupt the Services, the Invomate server and/or any
network connected to the Services;
You acknowledge and agree that Invomate may obtain and record
information about your contacts, your use of, and availability on the Services at any given
time, among other information, and that Invomate can utilize and maintain this information:
for its own use; to provide marketing communications to you; to provide marketing
communications to your contacts; and for disclosure to third parties (including government
officials or pursuant to any court order, subpoena, request or other inquiry) in accordance
with applicable law or governmental request at any time. Invomate has no duty to inquiry
or verify the validity or enforceability of any court, order, inquiry or request by any
governmental agency, instrumentality or authority for information or documents related to
your use of the Services.
UPDATES AND AMENDMENTS.
Invomate may, at any time, amend the provisions of this
Agreement. If you do not accept an amendment, this Agreement will terminate. This Agreement
shall automatically incorporate and include any and all add-on components, amendments,
features, modifications, supplements, updates and other functionality or messages related thereto,
including without limitation alterations of availability, content, features, functionality, security,
storage and other information relating to the Services that Invomate may provide or make
available generally to its customers (collectively, "Updates") subject to any additional terms and
conditions, including any additional fees and costs, provided by Invomate applicable to such
Updates. Invomate has no obligation to, and nothing in this Agreement may be construed to
require Invomate to, create, provide or install Updates. Your access and use of the Services will
always be subject to the most current versions of these Terms of Service, as well as any and all
rules and guidelines posted on the Site at the time of such use. You agree to regularly check the
"Invomate Terms of Service" link on the Site to view the then-current Terms of Service.
Notwithstanding anything in this Agreement to the contrary, if Invomate posts amendments to the
Terms of Service on the Site, such terms will automatically become effective, shall be incorporated
into this Agreement immediately, and where inconsistent with any other terms and conditions of
this Agreement shall supersede any such conflicting terms or conditions. By using the Services
after such revised terms are posted, you agree to be bound by any such revised terms at the
SECURITY OF COMMUNICATIONS.
You acknowledge and agree that the Services are conducted
and provided by Invomate electronically through the internet and that Invomate cannot and does
not guarantee the security or privacy of any electronic communications in which you participate.
Disclosure of Personal Information.
Except as otherwise stated in this Agreement, Invomate
will not share your Personal Information with any third party. However, Invomate in its sole
discretion may (but has no obligation to) monitor or review your access to and use of the Services
at any time. Invomate may at any time without notice and in its sole discretion terminate access to,
or use of, any area of the Site where information is posted or submitted, or may disclose any
information related to your access to and use of the Services or the substance of any of your
posted or submitted information as Invomate deems necessary, including without limitation to
comply with applicable law, regulation, legal process or governmental request. You agree to use
extra care when disclosing any Personal Information about yourself or your organization when
posting or otherwise submitting any information to the Site. All required registration information that
you provide to Invomate must be current, complete, and accurate and must be kept up to date
with Invomate on a prompt, timely basis. If your use of and access to the Services includes
password-restricted access to your sensitive information (such as, for example, customer lists and
contractual terms), then by accessing or using the Services and setting up an Account, you
consent to the display and storage of such information by Invomate and accept all risks of
unauthorized access to such information.
Compliance with Privacy Regulations.
You agree to comply with all applicable privacy laws,
to obtain all necessary consents, and to make all necessary disclosures before using the
Services. You acknowledge that any or all of your Content may be recorded and
transmitted by Invomate. You are solely responsible for any information about you that you
disclose through use of the Services. You are solely responsible for, and shall indemnify
Invomate and its Affiliates for your access to and use of any third party data and
information including Personal Information that is communicated or that you otherwise have
access to through your use of the Services.
Locations of Invomate Data Centers. Personal Information and Content may be transferred,
stored and/or processed in multiple locations in which Invomate or its Affiliates maintain
facilities. By using the Services, you consent to any such transfer, processing and storage
of Personal Information outside of your location of citizenship and/or residence.
Regulated Access. The Services may not be available in certain locations and to certain
Persons in order to comply with applicable laws and regulations. Invomate reserves the
right, in its sole discretion, to deny access to the Services at any time and for any reason
whatsoever, including without limitation to comply with applicable law.
RESTRICTIONS ON USE.
You agree not to decompile, disassemble, reverse engineer, translate
or otherwise attempt to learn the source code or technological know-how of any component of the
Services. You may not create, assign, copy, deliver, distribute, lease, loan, modify, pledge, rent,
sell, sublicense, timeshare, create derivative works of or otherwise transfer, directly or indirectly,
any portion of the Services or any rights thereto. You are prohibited from reselling or acting as
agent for any component of the Services without Invomate's prior express written consent
Export Control Laws. You acknowledge that some laws and regulations in various
locations restrict the export and re-export of certain technical data relative to their origin.
Without limiting the foregoing, you acknowledge that your Content may be subject to
controls by various regulatory agencies around the world. You agree that you are solely
responsible for avoiding any actions that may be deemed to be violations of such laws and
regulations, and that Invomate shall bear no responsibility or liability for any such violations
committed by you in connection with your use of the Services.
Hazardous Environments & High Risk Activities. The Services are not designed for use
in connection with any hazardous or high-risk activity or any circumstances requiring fail-
safe performance or controls. You acknowledge and agree that any use of the Services by
you and/or at your instruction (whether express or implied) in connection with any activity or
circumstances deemed by Invomate to be hazardous or high-risk shall be done solely and
wholly at your own risk.
Links to Third Party Sites. The Site may include links that will take you to other websites
(collectively, "Linked Sites"). The Linked Sites are provided by Invomate to you as a
convenience, and the inclusion of such links does not imply any endorsement by Invomate
of any Linked Sites. Invomate has no control over the Linked Sites. Neither Invomate nor
its Affiliates are, and under no circumstances shall be, responsible for any content, product
or service of any Linked Sites. You acknowledge and agree that your visits to any of the
Linked Sites shall be made solely at your own risk. You acknowledge and agree that
Invomate is not responsible for the content of any Linked Sites, any link contained in any
Linked Sites, and any changes or updates to Linked Sites. You further acknowledge and
agree that Invomate is not responsible for any form of transmission received from any
Copyright Infringement. Invomate will, in appropriate circumstances as determined in its
sole discretion, terminate this Agreement (including the License and other rights granted to
you herein) if you infringe the intellectual property rights of others. Invomate may, in its sole
discretion, investigate notices of copyright infringement and take appropriate actions. If you
believe that any work of authorship has been used or copied in a way that constitutes
copyright infringement and that such infringement is occurring in connection with the
Services, please provide us with all of the following information: (a) an electronic or
physical signature of the person authorized to act on behalf of the owner of the copyright
interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a
description of what Services the claimed infringing material is related to; (d) your address,
telephone number, and e-mail address; (e) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its agent, or the
law; and (f) a written statement by you, made under penalty of perjury, that the above-
described information in such notice is accurate and that you are either the copyright owner
or authorized to act on the copyright owner's behalf.
Investigations. Invomate does not generally monitor activity occurring in connection with
the Services or the identity of the Person(s) utilizing the Services or accessing the Account.
However, if Invomate becomes aware of any actual or possible violations by you of any
provision of this Agreement Invomate reserves the right to investigate such actual or
possible violations and Invomate may, at its sole discretion, immediately terminate this
Agreement with you, or may change, alter or remove Content, in whole or in part, without
prior notice to you, or take such other action(s) as it may deem appropriate in its sole and
exclusive discretion. If, as a result of any such investigation, Invomate believes that
criminal activity has occurred or is occurring, Invomate reserves the right to refer the
matter to and cooperate with applicable law enforcement authorities. In connection with any
such investigation, Invomate is entitled to disclose to law enforcement or other government
officials or representatives, as Invomate in its sole discretion believes to be necessary or
appropriate, any information that is in our possession resulting from your access to the
Account and/or use of the Services, including without limitation Personal Information
(except to the extent prohibited by applicable law).
CONTENT ACCESS AND STORAGE.
The Services are provided to you by automated means, namely the uploading of Content
via the applicable tools for transmission, downloads or other activities. Invomate will
access Content as permitted under this Agreement, or as necessary to maintain or provide
the Services, including without limitation: (i) to respond to service requests; (ii) to restore
the applicable Content at your request in the event of a service interruption; (iii) to conform
to legal requirements or comply with any legal inquiry, subpoena or legal process as
deemed necessary or advisable by Invomate in its sole discretion without any duty of
Invomate to inquiry or investigate the validity or appropriateness of any legal inquiry, court
order, subpoena or legal process; (iv) to detect, prevent or otherwise address fraud,
security or technical issues; and/or (v) to enforce this Agreement, including investigation of
potential violations hereof.
Invomate has no control over, and shall have no liability for, whether and in what manner
your Personal Information is utilized. Invomate does not pre-screen information that users
provide or otherwise submit in using the Services. Invomate may collect certain information
regarding your use of the Services, such as the name of the internet service provider and
the internet protocol address through which you access the internet; the time you access
the Services; the pages that are accessed at the Site; and the internet address of the
website from which you accessed the Site. Invomate uses this information to support the
Services and, as otherwise permitted under this Agreement.
DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED "AS-IS" ON AN "AS-
AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND
OTHER THAN AS DESCRIBED BY INVOMATE AND UNDER THE TERMS OF THIS
AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INVOMATE
HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND REGARDING THE
SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, COMPATIBILITY, WORKMANLIKE EFFORT, ACCURACY, AVAILABILITY, AND/OR
NON-NEGLIGENT PERFORMANCE. THE SERVICES ARE BUSINESS PRODUCTS, THE
APPLICATION OF WHICH IS COMMERCIAL RATHER THAN CONSUMER-ORIENTED IN
NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW THAT CONSUMER PROTECTION LAWS DO NOT APPLY
TO YOUR USE OF THE SERVICES NOR TO ANY OF THE TRANSACTIONS CONTEMPLATED
BY AND CONSUMMATED PURSUANT TO THIS AGREEMENT. THIS AGREEMENT GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM LOCATION TO LOCATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY
LAST, SO THE LIMITATIONS CONTAINED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
Use at Your Own Risk. The use of the Services and the downloading or other use of any
information or materials therefrom shall be done solely at your own discretion and risk and
with your understanding that you will be solely responsible for any damage to your
computer system or any loss of data or any other harm that results from such activities.
Invomate will not be liable for any loss that you may incur as a result of someone else
using your Sign-In Information, either with or without your knowledge. Invomate shall have
no responsibility for any failure that arises out of your use of the Services with any
hardware configuration, platform or operating system, including without limitation any failure
related to or arising from your inability to connect to or to access the Site, Software or
Services due to problems related to your computer hardware, any software program,
network, your internet service provider or any other similar problem. Invomate provides no
insurance for your use of the Services or any Content. If you wish to obtain protection for
damages incurred as a result of any loss or damage to Content, interruption of Services,
failure of the website to function or otherwise resulting from your use of the Services or
your account, then you should purchase appropriate insurance therefore. Otherwise, your
damages are limited as set forth in these Terms of Service.
Use of Content. You agree that neither Invomate nor any of its Affiliates shall be liable for
any Content or the access, recording, storage or other use by Invomate thereof, including
without limitation: (a) any Content that is sent, received, held, released or otherwise
connected in any respect to the Services; (b) any Content that is sent but not received; (c)
any access to or alteration of Content by you or any other Person; (d) any Content sent
using, or included in, the Services; (e) any defamatory, illegal, obscene, offensive or
threatening content; (f) the conduct of you or anyone else in using the Services; or (g) any
infringement of another Person's rights, including without limitation rights of privacy,
intellectual property or data protection.
Third-Party Providers. Invomate offers no guarantees and assumes no responsibility or
liability of any kind with respect to third-party services, including without limitation any
liability resulting from incompatibility between the Services and any third-party services.
You agree that you will not hold Invomate or any Affiliate responsible or liable for any
matter caused by or related to services provided by any third party.
Errors. The Services may include technical mistakes, interruptions, inaccuracies and/or
Force Majeure. Invomate will not be liable for any non-performance or delay in
performance caused by any event reasonably beyond the control of Invomate including
without limitation accidents, acts of God, acts of government, the activities of hackers, civil
disturbance, earthquake, embargo, epidemics, explosion, fire, flood, force of nature,
hostilities, malicious conduct, national emergency, revolutions, riots, wars, service outages
resulting in failures of equipment, telecommunications, power failures, network failures or
failures of third party service providers (including providers of internet services and
Damages. Except as otherwise required by applicable law and as limited by these Terms of
Service, you agree that you will not be entitled to any damages under or pursuant to this
Agreement except for the direct monetary damages actually incurred and proven by you in
reasonable reliance upon use of the Services, and that such proven damages in any and all
events shall be limited to the amount you actually paid for the Services during the three-
month period prior to the event giving rise to your claim. Without limiting the foregoing, you
agree that the following damages are expressly excluded:
Any and all indirect, special, incidental, punitive and consequential damages;
Any and all damages for: loss of confidential or other information (including without
limitation Personal Information); business interruption; personal injury; loss of
privacy; loss of profits; emotional distress; and failure to meet any duty of good faith
or reasonable care;
Any and all damages resulting from your inability to use the Services or to access
data, information (including without limitation Personal Information) or Content;
Any and all damages for any other claim arising out of or in connection with: the
statements or actions of any third party on or via the Services; any dealings with
vendors, customers, clients or other third parties; any unauthorized access to or
alteration of your transmissions, materials, information (including without limitation
Personal Information) or other data; any information that is sent or received, or that
is not sent or not received; any failure to store, or loss of, data, files, materials or
other Content; any access to or use of the Services that is delayed or interrupted;
any Linked Sites; or your access to or use of, or inability to access or use, any
Any and all damages based on any theory of legal liability including statute, breach
of contract, breach of warranty, tort (including negligence), product liability, negligent
misrepresentation or otherwise, even if Invomate or its Affiliates have been advised
of the possibility of such damages and even if a remedy set forth in this Agreement
is found to have failed of its essential purpose;
Any and all damages arising out of, related to, or based upon your inability to
connect to or to access the Services due to problems related to your equipment,
any software, your internet service and/or any other similar problem out of
Invomate's control; and
Any and all damages for any pecuniary loss whatsoever.
INDEMNIFICATION AND GENERAL RELEASE.
You hereby agree to re ease Invomate and
Affiliates from any and all claims, demands and damages (actual and
consequential) of every kind arising out of or in any way connected with your use of
the Services or related to any invoices or other documents you may create or issue
and for any other purpose whether or not contemplated or permitted by this
Agreement. You hereby also agree to defend, indemnify and hold Invomate and
Affiliates harmless from and against any and all claims, liabilities, damages and
costs (including without limitation fees, costs and expenses of attorneys) arising out
of or related to:
Use of or access to the Services by you or by any Person using your Log-In Information,
whether or not such use was authorized by you;
Any actual or alleged violation of this Agreement or applicable law by you or by any Person
using your Log-In Information, whether or not such use was authorized by you;
Any actual or alleged infringement of any intellectual property, proprietary information,
violation of privacy or other rights by you or by any Person using your Log-In Information,
whether or not such use was authorized by you;
Any recording of the communications or other Personal Information of you or any other
users of the Services;
Any claims or allegations for product liability, unsuitability or lack of fitness for a particular
purpose, or any other claims or allegations arising out of or related to the use of the
Any disputes between you and any other party related to the Services; and/or
Your negligence, gross negligence and/or wilful misconduct.
Any claim, dispute or controversy, whether in contract, tort or
otherwise, whether pre-existing, present or future, including statutory, consumer protection,
common law, intentional tort and/or equitable claims by you against Invomate, its agents,
employees, principals, successors, assigns and/or Affiliates arising from or relating to this
Agreement (including, to the full extent permitted by applicable law, relationships with third
parties who are not signatories to this Agreement), shall be resolved exclusively and finally
by binding Arbitration administered by the International Chamber of Commerce under its
Commercial Rules before a single Arbitrator applying the laws of the State of United Arab of Emirates,
exclusive of its conflicts of laws principles (the "Arbitration"). The venue of the Arbitration
proceeding shall be conducted exclusively in United Arab of Emirates, or such other venue to
which the parties may agree in writing. Except as may be required to enforce and decision
or determination of the Arbitrator, the existence of and proceedings conducting in
connection with said arbitration shall be and remain strictly confidential. The Arbitrator shall
be empowered to grant whatever relief would be available in court of competent jurisdiction
under law or in equity. Any Award of the Arbitrator shall be final and binding on each of the
parties, and may be entered as a judgment in any court of competent jurisdiction. The
Arbitrator may grant reasonable attorney and/or other fees to the prevailing party. You
acknowledge and agree that separate from any Arbitration proceeding, Invomate may also
seek injunctive or equitable relief in a Court of competent jurisdiction to prevent irreparable
injury to it, its Marks, and/or other intellectual property, and in such proceeding you consent
to the jurisdiction of such Court. YOU HEREBY ACKNOWLEDGE THAT YOU ARE
GIVING UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH
RESPECT TO ANY DISPUTE UNDER THIS AGREEMENT. OTHER RIGHTS THAT MAY
HAVE BEEN AVAILABLE IF THE DISPUTE WENT TO COURT, SUCH AS ACCESS TO
DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
You and Invomate will provide any communication to each other under this Agreement as follows:
Notice to You. Notice shall be sent to you either: (1) via electronic means to the e-mail
address associated with your Account and shall be deemed delivered when sent by
Invomate; or (2) by hard copy postal mail to the address contained in your Log-In
Information and shall be deemed delivered five (5) calendar days after mailing.
Notice to Invomate.
Except where an electronic notice to Invomate is expressly permitted
by this Agreement, notice shall be sent to Invomate addressed to the principal place of
business indicated on the Site, to the attention of the President, either via: (1) postal mail,
signature required and return receipt requested; or (2) overnight courier with delivery
signature required. Any notice sent by you shall be deemed delivered when actually
received and signed for by an authorized representative of Invomate.
Invomate will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance
with the law of UAE.
This Agreement shall be construed in accordance with, and governed
by the laws of UAE, exclusive of its conflicts of laws principles.
SITE OPERATION: United Arab Emirates is our Country of Domicile. COMPANY controls this Site
from the U.A.E. COMPANY makes no representation that this Site is appropriate for use in other
locations. If you use this Site from other locations you are responsible for ensuring compliance
with local laws. You may not use, export or re-export any materials from this Site in violation of
any applicable laws or regulations, including, but not limited to any U.A.E export laws and
APPLICABLE LAW. The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of
Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard
only by a court of competent jurisdiction in U.A.E.
RESERVATION OF RIGHTS.
Invomate reserves all rights not expressly granted in this Agreement.
If any part of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, then such invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
Agreement will continue in full force and effect.
Our failure to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision unless expressly
agreed to by Invomate in a non-electronic writing manually signed by a duly
authorized officer of Invomate.
If you are an individual and are entering into this Agreement on behalf of
a legal entity, you represent and warrant that you have due authorization from the
governing body of such entity to enter into this Agreement and to bind such entity to
all of the terms and conditions of this Agreement.
The headings of the sections and subsections in this Agreement are
provided for convenience only and may not be deemed to affect its construction or
Restrictions on Users.
Registered accounts must belong to human beings. Bots,
programs or any other automated sign-ups are not permitted. Up to ten (10) person
can hold and use the same account.
This Agreement constitutes the entire agreement and
understanding between Invomate and you with respect to the Services and
supersedes all other prior or contemporaneous communications, agreements,
understandings and proposals, whether written, oral, electronic or non-electronic,
between Invomate and you regarding its subject matter.
SPECIAL TERMS OF SERVICE FOR THE BANK CONNECTION MODULE.
Provide Accurate Information.
You, the end user, agree to provide true, accurate, current
and complete information about yourself and your accounts maintained at other web sites
and you agree to not misrepresent your identity or your account information. You agree to
keep your account information up to date and accurate.
You are permitted to use content delivered to you through the service
only on the service. You may not copy, reproduce, distribute, or create derivative works
from this content. Further, you agree not to reverse engineer or reverse compile any of the
service technology, including but not limited to, any Java applets associated with the
Content You Provide And Is Derived by Use of the Service.
You are licensing to
Invomate and its service providers (“Service Provider”) any information, data, passwords,
materials or other content (collectively, “Content”) you provide through or to the service.
Invomate and Service Provider may use, modify, display, distribute and create new
material using such Content to provide the service to you. Invomate and Service Provider
may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally
identifiable information that is derived through your use of the Service. By submitting
Content, you automatically agree, or promise that the owner of such Content has expressly
agreed that, without any particular time limit, and without the payment of any fees,
Invomate and Service Provider may use the Content for the purposes set out above. As
between Invomate and Service Provider, Invomate owns your confidential account
Third Party Accounts.
By using the service, you authorize Invomate and Service Provider
to access third party sites designated by you, on your behalf, to retrieve information
requested by you, and to register for accounts requested by you. For all purposes hereof,
you hereby grant Invomate and Service Provider a limited power of attorney, and you
hereby appoint Invomate and Service Provider as your true and lawful attorney-in- fact and
agent, with full power of substitution and resubstitution, for you and in your name, place
and stead, in any and all capacities, to access third party internet sites, servers or
documents, retrieve information, and use your information, all as described above, with the
full power and authority to do and perform each and every act and thing requisite and
necessary to be done in connection with such activities, as fully to all intents and purposes
as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN
Invomate OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION
FROM THIRD PARTY SITES, Invomate AND SERVICE PROVIDER ARE ACTING AS
YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You
agree that third party account providers shall be entitled to rely on the foregoing
authorization, agency and power of attorney granted by you. You understand and agree
that the service is not endorsed or sponsored by any third party account providers
accessible through the service.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER
CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE
FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. INVOMATE AND SERVICE PROVIDER
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND
ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD
PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. INVOMATE AND SERVICE PROVIDER MAKE NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL
BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM INVOMATE OR SERVICE PROVIDER THROUGH
OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS.
LIMITATION OF LIABILIT.
EXCEPT AS SET FORTH IN THE AGREEMENT TO WHICH
THIS EXHIBIT IS ATTACHED, YOU AGREE THAT NEITHER INVOMATE OR SERVICE
PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF
THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND
COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN
IF INVOMATE OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY
PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM
THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE
SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE
OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN
IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH
DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to protect and fully compensate Invomate and Service
Provider and their affiliates from any and all third party claims, liability, damages, expenses
and costs (including, but not limited to, reasonable attorneys fees) caused by or arising
from your use of the service, your violation of these terms or your infringement, or
infringement by any other user of your account, of any intellectual property or other right of
anyone. You agree that Service Provider is a third party beneficiary of the above provisions,
with all rights to enforce such provisions as if Service Provider were a party to this