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البنود و الظروف

Terms--Conditions

Please read these terms & conditions carefully before using our Solution/App

These terms tell you the rules for using BUZZIN (our “Solution/App”).

Latest Update: 10 May 2022

1. Who we are and how to contact us

BUZZIN is a solution owned and operated by BUZZIN – FZCO (“We”). We are registered in Dubai Silicon Oasis Authority under license number 4603 and have our registered office at DSO-DDP-A5-D-OFF-3011, Dubai Silicon Oasis, Dtec, Dubai, United Arab Emirates.

To contact us, please email hello@buzzin.ae or telephone our customer service line on +97143201265.By using our Solution/App you accept these termsBy using our Solution/App, you confirm that you accept these terms of use and that you agree to comply with them.By clicking on the button marked “Accept Terms & Conditions” you warrant that you understand and accept these terms and conditions. if you are accepting these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. the same rights, limitations and restrictions apply to your employer. you agree that these terms and conditions are enforceable as if they were a written negotiated agreement signed by your employer. if you do not agree to these terms, please cease use of the app immediately. We recommend that you print and/or save a copy of these terms for future reference.

 

2. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Solution/App:  Our Privacy Policy

 

3. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Solution/App, please check these terms to ensure you understand the terms that apply at that time.

 

4. We may make changes to our Solution/App

We may update and change our Solution/App from time to time to reflect changes to our products and services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

5. We may suspend or withdraw our Solution/App

We do not guarantee that our Solution/App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Solution/App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Solution/App via your device(s) are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

6. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

7. Relationship with APP-Stores

You acknowledge and agree that:

  • We are in no way linked, connected or affiliated with any App-Store provider;
  • You acknowledge that you will not be able to access and use certain functionalities of the Apps unless you have internet access. All traffic charges or access charges incurred due to the use of the Apps are subject to your agreed terms with your mobile network provider, and we shall not be liable for data traffic charges incurred by you, either in full or in part;
  • Your App-Store shall not bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the Apps;
  • Your App-Store provider is a third party beneficiary in respect of this clause and accordingly has the right to enforce the provisions of this clause;
  • We are solely responsible for providing any support and maintenance in respect of the Apps; and
  • You will comply with any third party terms and conditions which may be applicable from time to time in relation to Your use of the Apps.

8. Registration and placing order

  • You must download the App from the relevant App-Store onto your device. You will also be given access to an online management portal through which you will manage your use of the App.
  • In order to access and use the Solution/App you shall be required to purchase a subscription by submitting an order to us (via the Website or by e-mail or by our sales team). By submitting your order, you consent to us conducting verification and security procedures in respect of the information provided in the order.
  • On our acceptance of your first order, you shall be sent an email (“Confirmation Email”) confirming your registration with us and your Login Details. Further Confirmation Emails shall be sent on our acceptance of any subsequent orders you send to us.
  • Upon the submission of the Order you will have the option to (i) make payment for the fees via our payment gateway on the website , (ii) by Cheque or (iii) Bank Transfer, or be sent an invoice for the fees, payable on the indicated payment due date as per the sent invoice.
  • You hereby warrant that the information provided by you is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information provided.
  • Each order will specify your Scope of Use for the applicable Product, which may include: (a) number and type of Users; (b) numbers of Devices, licenses, copies or instances; or (c) other restrictions.

9. Duration and termination of your orders

  • The term of your subscription shall be for a period of 12 months (“Subscription Term”) commencing on the date specified in the order and shall automatically renew for equivalent Subscription Terms, provided that neither you nor us shall have given notice of termination 30 days prior to the end of the initial subscription term or any renewal subscription term, or unless terminated in accordance with these Terms.
  • We have the right to suspend or terminate all or any part of your order(s) immediately on notice to you in the event that:
  • you fail to comply with one or more of these Terms;
  • we believe that there has been fraudulent use, misuse or abuse of features and functionalities of any of our products and services (in whole or in part); or
  • Failure to settle your invoices on their respective due date.
  • Either party may terminate this agreement (including all related orders) if the other party (a) fails to cure any material breach of this agreement within thirty (30) days after written notice.
  • Either party may terminate this agreement for convenience within ninety (90) days after written notice.
  • Upon termination of a subscription, your and any user’s access to the Solution/App shall cease and any content will no longer be accessible through the Solution/App. We offer an archiving service, at no additional cost, and will retain copies of your Content and/or other data for a period of 1 year.

10. Fees and Payment

  • Buzzin offers monthly and annual plans. In the event you subscribe for the monthly plan, you agree to be charged each month for the same amount of the monthly subscription indicated in the selected package. You agree, authorize and consent that this payment be deducted from your payment information stored in our files. The subscription plan renews automatically unless such subscription is cancelled by you. Upon renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee where applicable. The date that your subscription is automatically renewed is provided on your Account and payment confirmation email sent after your initial purchase. If you purchase a monthly plan, you will be charged for the full month’s payment each month; if you purchase a yearly plan, you will be charged for the entire year at one time. Applicable discounts will apply if any. Please note that we may use a third-party payment processor to facilitate your payments.
  • In case you choose to pay the fees by cheque or Bank transfer, these fees must be paid within fourteen (14) days of the invoice date.
  • If we do not receive your payment by the applicable due date, we reserve the right to withhold access and/or terminate your order(s).
  • All fees are payable in advance and are non-refundable, save as expressly stated in these Terms.
  • By placing a purchase order on the Website and/or the App, you agree that we will send you a receipt by email. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable laws.
  • We reserve the right to increase the fees at any time on notice to you, which shall take effect from the start of the next Subscription Term
  • All fees payable hereunder are exclusive of VAT, which will be added at the applicable rate
  • Depending on the package that you have selected, we will provide you with Host licenses as stated in these packages.
  • You may set up auto debit from a credit card to pay the fee. In this case, payment intervals will be deducted automatically on a monthly or annual basis depending on the subscription mode you have chosen
  • You may upgrade / downgrade your package by informing us via email or contacting us on our official contact numbers
  • We have the right to change our pricing. In this case, we shall inform you 2 months in advance prior the new pricing takes effect. We shall contact you via your registered email.
  • In case of cheque payments, we collect a maximum of 4 PDCs (quarterly payments). We also accept 2 or 1 cheque for the entire year.

11. Free Trial

  • We may offer you a free trial for such period set out on the Website or communicated to you via our sales team from time to time, during which you can try out a Solution/App for free (“Free Trial”). You acknowledge that during any Free Trial, the Solution/App may have certain restrictions and limited functionality.
  • On expiry of the Free Trial, you will receive an e-mail from us and will have the option to either (i) continue access to the Solution/App by submitting an order for a Subscription; or (ii) cease access to and use of the Product.
  • We reserve the right to modify, cancel and/or limit any Free Trial offer at any time.
  • If you choose not to continue use of a Solution/App after the Free Trial, you acknowledge and agree that all content shall no longer be accessible through the Solution/App on expiry of the Free Trial.

12. We may give you or you may buy equipment

  • This section will apply where you have included the purchase or lease of equipment in your order.
  • Risk in the equipment shall pass to you on delivery.
  • In the event of purchase, title to the equipment shall pass to you once we have received payment in full and cleared funds of the fees.
  • In case you have the equipment on lease basis, you are liable to keep the equipment and /or accessories in good condition and used solely for the purpose of our solution. Any damage that is caused to the equipment that is not covered by the normal dealer warranty will make you liable for the cost of repair / replacement of the damaged equipment(s) or accessory.
  • Not with standing the above, we: Expressly exclude our liability whether in contract or tort in relation to the equipment; and Shall not be liable for any failure or defect of the equipment where such failure or defect arises by reason of wear and tear, willful damage, negligence or by your failure to comply with any instructions in relation to the equipment including any instructions on installation, operation, storage or maintenance.

13. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We 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 of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at tech@buzzin.ae.

 

14. Your conduct

We are the owner or the licensee of all intellectual property rights in our Solution/App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You agree to access and use our Solution/App only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of our Solution/App. By accessing our Solution/App, you agree that you will not:

  • Use our Solution/App to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability;
  • Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
  • Use our Solution/App to impersonate other parties or entities;
  • Disclose user’s or visitor’s data to third party.
  • Use our Solution/App to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of our Solution/App or the hardware or software of any other person who accesses our Solution/App;
  • Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
  • Alter, damage, or delete any content posted on our Solution/App;
  • Disrupt the normal flow of communication in any way;
  • You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.
  • Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
  • Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
  • Post any material that infringes upon or violates the intellectual property rights of another; or
  • Collect or store personal information about visitors or users for unlawful purposes.
  • You are responsible for obtaining the Users’ consent before sending them any SMS invitations, property notifications or any kind of communication using our Solution/App and associated tools.

15. Admin dashboard responsibilities

  • You are responsible of whoever is given access to the admin dashboard by you;
  • Only authorized users should be given access to the admin dashboard;
  • You are liable for any misuse of the data in the portal by your staff;
  • You should use the data in the portal in accordance with GDPR policies and local laws, and best practices;
  • It is your responsibility to keep the data in the admin dashboard safe and not transmitted to unauthorized third party;
  • You will be liable for any cause of harm or damage to any user or visitor who used the solution via your device(s) due to misuse of their personal data by you or your staff.

16. No liability on information in our Solution/App

The content, including statistics or data, on our Solution/App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Solution/App.

Although we make reasonable efforts to update the information on our Solution/App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Solution/App is accurate, complete or up to date.

 

17. We are not responsible for websites we link to

Where our Solution/App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

 

18. Our responsibility for loss or damage suffered by you

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Solution/App or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Solution/App; or
  • use of or reliance on any content displayed on our Solution/App.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

19. Confidentiality of Information

We are GDPR compliant. Your data will remain confidential and will not be disclosed or shared with third party.

Notwithstanding the above, your data might be used in some cases as set out in our PRIVACY POLICY.

Unless otherwise set out to the contrary in these Terms, each party (the “Receiving Party”) shall keep confidential all information and documentation disclosed by the other party (the “Disclosing Party”) to the Receiving Party or of which the Receiving Party becomes aware which in each case relates to any operations, products, processes, dealings, trade secrets or the business of the Disclosing Party or which is identified by the Disclosing Party as confidential (“Confidential Information”) and will not use any Confidential Information for any purpose other than the performance of its obligations under these Terms (and where we are a Receiving Party, to include for the purpose of improving performance of the Product). Other than to its employees and sub-contractors to the extent that it is reasonably necessary for the purpose of performing its obligations under these Terms, the Receiving Party shall not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party.

The obligations contained in this clause shall not apply to any Confidential Information which is:

  • in the public domain other than through breach of these Terms by the Receiving Party;
  • furnished to the Receiving Party without restriction by a third party having a bona fide right to do so;
  • required to be disclosed by the Receiving Party by law or regulatory requirements of any stock exchange, provided that the Receiving Party shall give the Disclosing Party as much notice as reasonably practicable of the requirement for such disclosure.

Subject to your prior approval, we may refer to you as our customer in some of our marketing material and refer to the type of services that we have provided to you.

Subject to your prior written approval, we may publish and circulate a case study describing the service or product supplied by us to you, including aggregate figures relating to the benefits it has brought to your business (for use by us as a marketing tool).

 

20. We are not responsible for viruses and you must not introduce them

We do not guarantee that our Solution/App will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Solution/App. You should use your own virus protection software.

You must not misuse our Solution/App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Solution/App, the server on which our Solution/App is stored or any server, computer or database connected to our Solution/App. You must not attack our Solution/App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Solution/App will cease immediately.

 

21. Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by the Law of the United Arab Emirates as applicable in the Emirate of Dubai. You and we both agree that the courts of Dubai will have exclusive jurisdiction.

 

22. Our trade marks are registered

The Buzzin trademark is a registered rights of BUZZIN – FZCO. You are not permitted to use the name Buzzin or any related IP rights without our approval. This shall include any word, name, symbol, color, trade name, logo, design mark or domain name, whether or not registered. Trademark.