Terms of Service
Article 1 (Purpose)
The purpose of these Terms of Service (these “Terms”) is to prescribe the rights, obligations and responsibilities of the users (the “User” or “you”) and the Kaia DLT Foundation (the “Company”) , with respect to the use of Kaia Portal ( the “Services”) accessible through [http://portal.kaia.io] (the “Website”).
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights.
Article 2 (Definition of Terms)
The terms used herein shall be defined as follows:
"Bridge" refers to the cross-chain transfer of digital assets, including tokens, facilitated through the Third Party Service Providers, Stargate and Wormhole, as supported through the API.
"Buy" refers to the purchase of tokens using fiat currencies facilitated through Third Party Services , as supported through the API.
"Claim" refers to the User’s active request to convert Points into certain digital assets, including KAIA tokens, on the Website, from time to time.
“Gas Fee” refers to transaction fee incurred to execute smart contracts on the relevant blockchain platform.
“ID(Wallet)” refers to: a third party digital wallet connected to the Service for the use of the Services.
"Mission" refers to a specific challenge consisting of a collective set of activities suggested by the Company or any third party designated by the Company, which contributes to the Kaia ecosystem.
“Point” refers to a reward granted to the qualified Users who have successfully completed the Mission.
“Services” refer to all services that may be used by users through the Website regardless of the terminal (PC) used.
“Swap” refers to the exchange of one token for another on the Kaia blockchain, available through Third Party Services, 1inch and Swapscanner, as supported through the API.
“Third Party Services" refer to services provided by the Third Party Service Providers, which are enabled through the ‘Transfer,’ ‘Buy,’ ‘Swap,’ ‘Bridge,’ and ‘Claim’ sections on the Website as supported by the Company.
“Third Party Service Providers" refers to third-party entities or individuals who offer their services on the Website by providing and connecting their service APIs to the Services.
“Transfer” refers to a temporary feature allowing the conversion of Finschia tokens (FNSA) to KAIA tokens (but not vice versa) on the Kaia blockchain during one (1) year.
“User” refers to any individual or entity who uses the Services provided by the Company by accessing the Company’s Website, subject to these Terms.
Article 3 (Enforceability and Amendment of the Terms of Service)
The Company will publish these Terms on the Services screen or the Website such that it may be easily understood by the Users.
The Company may amend these Terms of Service within the scope permitted by applicable law.
If the Company wishes to amend these Terms of Service, it shall make a notice of such amendment on the Service screen or the Website from seven (7) days prior to the enforcement date of the amended Terms of Service by providing both the existing and amended Terms of Service and clearly stating the enforcement date and reasons for amendment; provided, however, in the case where these Terms of Service are amended in such a way that may be disadvantageous to Users, the Company shall make a notice on the Service screen provided upon login from thirty (30) days prior to the enforcement date and clearly notify them individually by electronic means such as a consent popup appearing on the login screen.
Any User who fails to express his or her objections to any amendment to these Terms of Service despite the Company having notified the amendment in accordance with the preceding paragraph or the Company having made a clear notice to the effect that “Users shall be deemed to have consented if they do not express any objection from the date of announcement/notice to the enforcement date” when notifying the Users, shall be deemed to have consented to the amended Terms of Service.
When a User does not consent to the amended Terms of Service, he or she may terminate these Terms and his/her use of the Services in accordance with these Terms. The Company may also terminate these Terms and the Services under circumstances make the existing Terms of Service inapplicable to the said User.
Article 4 (Interpretation of the Terms of Service)
The Company may provide for separate terms of service and policies for other individual services, and in the case of any conflict between such terms of service and these Terms of Service, the terms of service for the individual service in question shall prevail.
Matters not set forth herein and interpretations of these Terms of Service shall be decided by applicable law and general commercial practices.
Article 5 (Entering into these Terms with a User)
Upon Users’ access to the Services through connecting its ID(Wallet) to the Services, he or she shall be deemed to have consented to these Terms of Services. If you do not understand or agree to these Terms, please disconnect your ID(Wallet) and do not use the Services.
The Company may not approve an access or use of the Services, or may terminate the use of Services, in any one of the following cases:
When such access or use cannot be approved due to causes attributable to the User or when the Company has grounds to believe that the access or use of the Services by User is in violation of applicable law or is clearly against social order or public morals; and
When such User has been suspended from the Services in accordance with these Terms; provided, however, an exception shall be made for any User who has separately obtained an approval from the Company for its re-use of the Services;
The Company may withhold its provision of the Services to the Users in any one of the following cases:
When Service-related facilities are practically unavailable;
When there are technical or operational issues in providing the Services; and
When the Company deems it necessary for financial or technical reasons.
Article 6 (Eligibility/Authority of the Users)
The eligibility and authority of User shall be as follows:
Eligibility: Users eligible to use the Services are (i) those who are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to any list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the European Union, any member state of the European Union, the United Kingdom, the United Arab Emirates or the United Nations, (ii) those who are not a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States, the European Union, any member state of the European Union, the United Kingdom, the United Arab Emirates or the United Nations, or (iii) those whose use of the Services is not prohibited by and does not otherwise violate or facilitate the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity.
Authority
Participate in the Mission, view Mission status including details of the Mission data such as Mission period, amount of Points, and any other data provided by the Company, and claim Points;
Transfer Finschia tokens (FNSA) to KAIA tokens (but not vice versa); and
Connect to the Third Party Services, Buy, Swap, and Bridge, which are provided, operated, and managed by the Third Party Service Providers, as supported in the Website.
Article 7 (Disclaimer for User)
EACH USER REPRESENTS THAT HE/SHE/IT IS FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING TOKENS AND BLOCKCHAIN-BASED SYSTEMS AND UPGRADING HIS/HER SOFTWARE AND PROCESSES TO ACCOMMODATE OFFERING AND PROTOCOL UPGRADES, AND THAT HE/SHE/IT HAS A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS KAIA AND OTHER TOKENS. FURTHER, EACH USER ACKNOWLEDGES AND UNDERSTANDS THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT HIS/HER PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT THE COMPANY WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, USER’S PRIVATE KEY OR SECRET RECOVERY PHRASE, THAT DIGITALLY COPYING AND STORING SECRET RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING USER’S PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT EACH USER IS SOLELY RESPONSIBLE FOR MANAGING SECURITY OF HIS/HER ID(WALLET) AND ANY APPROVALS OR PERMISSIONS HE/SHE/IT PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS. EACH USER AGREES THAT THE COMPANY IS ONLY SUPPORTING TRANSACTIONS INVOLVING TOKENS IN USER ACCOUNTS WITH THE THIRD PARTY SERVICES ON THE WEBSITE AND THAT THE COMPANY IS NOT RESPONSIBLE FOR VERIFYING THE LEGITIMACY OR SAFETY OR SUITABILITY OF ANY SMART CONTRACTS PROVIDED BY THE THIRD PARTY SERVICES PROVIDERS OR THE SERCURITY OF THE TOKENS INVOLVED WITH THE TRANSACTION ON THE SAME. IT IS EACH USER’S RESPONSIBILITY TO REVIEW AND UNDERSTNAD THE POLICIES OF EACH THIRD PARTY SERVICES. THE COMPANY ONLY PROVIDES SUPPORT FOR EACH USER’S TRANSACTION USING THIRD PARTY SERVICES AND IT DOES NOT GUARANTEE AND SHALL NOT BE LIABLE FOR ANY LOSS OF TOKENS OR ECONOMIC PROFITS IN THE COURSE. EACH USER IS AWARE THAT HE/SHE/IT IS SOLELY RESPONSIBLE FOR UNDERSTANDING THE DETAILS OF THE TRANSACTION THEY ENGAGE IN, HOW THEY FUNCTION AND USING THEM AS APPROPRIATE.
DATA AVAILABLE ON OUR WEBSITE IN CONNECTION WITH THE THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, ESTIMATED APR, PROFIT RATE, OR REWARDS ESTIMATION, ARE PROVIDED ON THE SERVICES AS PROVIDED BY THE RELEVANT SERVICE PROVIDER. THE COMPANY PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR OTHERWISE, REGARDING MERCHANTABILITY, ACCURACY, QUALITY, DURABILITY, RELIABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, PREVENTION OF DAMAGE OR LOSS OF DATA, COMPLIANCE WITH RELEVANT LAWS, OR THE USE OR THE RESULTS OF THE USE OF SUCH SMART CONTRACTS PROVIDED BY THIRD PARTY SERVICE PROVIDERS AVAILABLE ON THE SERVICES.
EACH USER FURTHER UNDERSTANDS AND ACCEPTS THAT DIGITAL ASSETS, INCLUDING TOKENS, PRESENT MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. USERS UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE CAPABILITY OF THE COMPANY TO CONTROL. EACH USER UNDERSTANDS THAT PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND ULTIMATELY FUNDS. EACH USER ACKNOWLEDGES AND UNDERSTANDS THE RISK ASSOCIATED WITH THE SERVICES, AND EXPRESLLY AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES, THE WEBSITE, OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE. IN PARTICULAR, BUT WITHOUT LIMITING THE FOREGOING, THE COMPNAY 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.
EACH USER ACKNOWLEDGES AND UNDERSTANDS THAT IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, THE THIRD PARTY SERVICE PROVIDER. EACH USER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED BY THE USER DUE TO ANY THIRD PARTY SERVICES IN CONNECTION WITH THE SERVICES. FURTHERMORE, EACH USER SHALL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM THE UTILIZATION OF TOKENS FOR EXECUTING SMART CONTRACT OR ENGAGING IN THIRD PARTY SERVICES, WHETHER FOR INFORMED PURPOSES OR OTHERWISE. EACH USER AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS OR ERRORS IN SERVICES PROVIDED BY ANY THIRD PARTIES, NOR FOR ANY CYBERSECURITY BREACHES OF THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO MALICIOUS SOFTWARE, VIRUSES, HACKING, AND PHISHING SCAMS.
EACH USER UNDERSTANDS THAT IN THE COURSE OF PARTICIPATING IN THE MISSION OR IRREGULAR EVENTS SUCH AS AIR DROPS, USERS MAY BE SUBJECT TO TAX LIABILITY IN THE APPLICABLE JURISDICTION. EACH USER EXPLICITLY AGREES THAT HE/SHE/IT IS SOLELY RESPONSIBLE FOR ANY AND ALL TAXES, DUTIES, OR SIMILAR PAYMENTS THAT MAY BE DUE IN CONNECTION WITH THE ACTIVITIES CARRIED OUT THROUGH THE SERVICES. ADDITIONALLY, TAXATION OF ACTIVITIES AND TRANSACTIONS INVOLVING CRYPTOCURRENCIES AND OTHER DIGITAL ASSETS MAY BE UNCERTAIN IN CERTAIN JURISDICTIONS. USERS ARE ENCOURAGED TO CONSULT WITH THEIR OWN TAX ADVISOR REGARDING POTENTIAL TAX IMPLICATIONS ASSOCIATED WITH UTILIZING THE SERVICES. EACH USER SHALL INDEMNIFY, DEFEND, AND HOLD THE COMPANY HARMLESS FROM ANY TAX LIABILITIES ARISING FROM THEIR PARTICIPATION IN THE SERVICES.
Article 8 (Obligations Regarding User’s ID (Wallet) Management)
The obligation to manage a User’s ID (wallet) information shall be borne by the User him/herself and no User shall allow a third person to use such information or use the same for the purpose of lease, transfer, collateral, etc. Users shall be liable for all disadvantages caused by their willful misconduct or negligence.
When a User becomes aware of the theft or use of his/her ID (wallet) by a third person, the User shall immediately notify the Company and follow its instructions.
In the event of Paragraph 2, the Company shall not be held liable for any disadvantage caused by the User’s failure to notify the Company or to follow the Company’s instructions after notifying it, unless such disadvantage is found to have been caused by the Company’s willful misconduct or gross negligence.
Article 9 (Collection and Protection of Personal Information)
The Company collects, uses, and processes data provided by the Users, including wallet data or behavioral information, in accordance with its Privacy Policy for purposes specified therein, including but not limited to the provision of Services and marketing activities. By using the Services, Users agree to the Company's collection, use, and processing of their data in accordance with the Privacy Policy.
Cookies and Other Tracking Technologies: The company uses cookies and similar technologies to track your visits to our website. This allows us to analyze user behavior, session duration, page views, and more.
Device and Browser Information: The company collects information about the type of device you are using (e.g., mobile, desktop), your operating system, browser type, and version.
IP Address: Your IP address may be collected to provide approximate location data. The company offers IP anonymization features, which we may use to enhance your privacy.
User Behavior Data: We collect data on which pages you visit, what links you click, and how much time you spend on our site.
User ID and Custom Events: For logged-in users, a user ID may be tracked, and custom events (e.g., button clicks) may be collected. We ensure that you are informed about any data you provide in this context.
Purchase and Transaction Data: If you engage in a transaction on our site, data such as the products you purchase and transaction information may be collected. Transaction information is either anonymized or encrypted.
Article 10 (Use of the Services)
The Company shall provide the following Services to Users:
Provision of information regarding the details of Mission, such as Point status;
Notices for the Users;
Provision of various information in connection with the Third Party Services as provided by the relevant Third Party Service Providers.
Provision of various information regarding Kaia that may be helpful to Users; and
Supporting the Users in their use of Third Party Services through the Website.
The Company may divide the Services into certain parts and specify the available service hours for each part of the Services. In this case, the Company shall notify the same in advance.
Any information or data provided, displayed, or disclosed through the Services or any publication or advertisement provided by the Company through the Website shall not be construed as to induce the User’s to engage in a certain transaction in any manner that does not comply with applicable laws.
Article 11 (Notification of Change in the Services)
The Company may change or terminate the Services, in whole or in part, as may be required for operational or technical reasons.
In the event any part of the Services is changed or terminated, the Company may notify such change or termination through its official announcement page or by reasonable means such as a popup appearing on the login screen.
In the case of any change or termination of the Services that has no adverse impact on individual users’ use of the Services, the Company may use the Website or official announcement page in notifying an unspecified number of Users. The Company shall not separately compensate or be liable for any damages with respect to the change or termination of the Services, unless otherwise required by special provisions under applicable law or Terms of Services.
Article 12 (Restriction and Suspension of Service Use)
The Company may restrict or suspend Users’ use of the Services in any one of the following cases:
When a User causes interruption upon the operation of the Services provided by the Company by his/her willful misconduct or negligence;
When there is a breach of obligations under Article 14 on the part of a User;
When such restriction or suspension is inevitable due to inspection and maintenance of Service-related facilities or construction;
When normal Service provision is impossible due to facility maintenance or inspection, etc., of facilities-based telecommunications business entities;
When there is disruption in Service use due to national emergencies, power outage, equipment failure or excessive traffic; and
When the Company recognizes that it is inappropriate to continue the provision of the Services for other significant reasons.
In the event the Company restricts or suspends the use of the Services pursuant to the provisions of the preceding paragraph, it shall notify Users in advance of the reasons and period of restriction, etc.; provided, however, that when providing such prior notification is impossible due to inevitable reasons, the Company shall notify the Users without delay after Service use has been restricted or suspended.
Users may raise an objection to restriction of Service use, etc., under this Article, and when the Company deems such objection to be justifiable, it shall immediately resume Service use.
The Company shall not separately compensate or be liable for damages with respect to the restriction or suspension, etc., of the Services, unless otherwise required by special provisions under applicable law, etc.
Article 13 (Obligations of the Company)
The Company shall, in good faith, carry out measures such as maintenance, inspection or restoration of facilities related to the provision of the Services and security, in order to provide the Services in a stable and consistent manner.
The Company shall not send advertising emails, SMS (short message service), etc., with commercial purposes to Users who have not consented to receive them.
The Company shall have a security system in place for information protection, and publish and comply with its Privacy Policy.
The Company shall process opinions or complaints brought up by Users in relation to Service use when it deems them justifiable. The Company shall use the bulletin board or other reasonable means to inform the Users of the process by which their opinions or complaints are handled and the outcome thereof.
In relation to the use of the Services by Users, the Company may demand various materials for proving the facts of disclosure. The Company shall keep all information it has acquired from Users or has become aware of in relation thereto confidential during the effective term of these Terms and for one (1) year after its termination, and shall not provide a third party with information acquired from Users in relation to the performance of these Terms without prior written approval or use the same for any purpose other than the provision of the Services. In addition, the Company shall, at the User’s request, completely destroy such information so that it is unrecoverable or unrecognizable.
Article 14 (Obligations of the User)
Users shall not engage in any one of the following activities:
Using another person’s information illegally;
Modifying information published by the Company;
Using information acquired through Service or providing the same to a third party in breach of these Terms, social norms, or any applicable laws or regulations;
Transmitting or publishing information (computer programs, etc.), the transmission or publication of which is prohibited by applicable law;
Infringing intellectual property rights, etc., of the Company and other third parties;
Tarnishing the reputation or disrupting the business of the Company and other third parties;
Distributing information, sentences, figures, audio, etc., in breach of social order, public morals or other applicable laws;
Using the Services for profit-making purposes without the Company’s consent;
Collecting other Users’ account information, etc. without authorization;
Interfering with the normal provision of the Services by the Company by using the Services in ways other than those provided by the Company (automatic access program, etc.); and
Other illegal or wrongful acts.
Users shall comply with applicable law, these Terms of Service, user guide, and precautions and notices, etc., provided by the Company in relation to the Services. The Company shall not be responsible or liable for any losses or damages resulting from the User’s failure to comply with any instructions, notices, guides, or these Terms of Service.
Article 15 (Attribution of Rights)
Intellectual property rights related to the Services shall belong to the Company.
The Company shall have the right to own and use intellectual property rights related to all trademarks, service marks, designs, logos, slogans, etc., regarding the Services provided by the Company including designs, texts created by the Company, scripts and graphics pursuant to applicable law and international treaties.
Users shall not use information acquired from using the Services, the intellectual property rights to which belong to the Company, for profit-seeking purposes or have a third party use the same by reproduction, transmission, publication, distribution, broadcasting or other means without the Company’s prior permission.
User’s right to receive the Services shall not be transferred, assigned, bestowed or used for the purpose of pledge.
Article 16 (Provision of Information and Publication of Advertisements)
The Company may provide various information or notifications deemed necessary in the course of Users’ use of the Services through popup appearing on the login screen or other reasonable means; provided, however, that a User may, at any given time, refuse to receive information, except for transaction-related information pursuant to applicable law and responses to customer inquiries, etc.
The Company may publish advertisements on the Service screen and the Website. The Company may send advertisements through app-push to Users who have given prior consent and Users who have received such advertisements may express their intention to refuse to receive such transmissions from the Company.
Article 17 (Termination of the Service Agreement)
Users who wish to terminate these Terms may withdraw from the Services at any given time by disconnection its ID(Wallet) and stop using the Services.
When a User has violated the provisions under Article 14, the Company may unilaterally terminate these Terms, and such User may be subject to civil or criminal liabilities if such violation results in damages to Service operation. In this case, the Company shall provide an opportunity for the User to state an opinion thirty (30) days before the termination of the Services and shall finally terminate the Services if the User fails to state his/her opinion within the said period or has no justifiable grounds for such violation.
All benefits acquired through the use of the Services shall expire upon termination of the Services under this Article, and the Company shall not compensate for such loss.
The Company shall not be liable or obligated to compensate for any losses, damages, costs, etc. in connection with the Third Party Services.
Article 18 (Indemnification)
ALL DATA, THIRD PARTY INFORMATION, SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OUR SERVICES, ETC., ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE,” “WITH ALL FAULTS” AND “VALID” BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR OTHER WISE, REGARDING MERCHANTABILITY, ACCURACY, QUALITY, DURABILITY, RELIABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, INTELLECTUAL PROPERTY RIGHTS OR THE NON-INFRINGEMENT THEREOF, SMOOTH SERVICES, SERCURITY, PREVENTION OF DAMANGE OR LOSS OF DATA, ACCURACY OF INFORMATION, COMPLIANCE WITH RELEVANT LAWS, OR THE USE OR THE RESULTS OF THE USE OF THE SERVICES.
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE DATA, SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH OUR SERVICES WILL BE UNINTERRUPTED, UPDATED OR FREE OF ERRORS OF FACT OR OMISSIONS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH OUR SERVICES, THE SAME SHALL BE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND/OR OTHER DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
The Company shall not be held liable for any damages incurred by Users when it is unable to provide the Services for any one of the following reasons:
A force majeure event or a state equivalent thereto beyond the control of the Company;
Intentional interference with the Services by a third party beyond the control of the Company;
Damages caused by false or inaccurate information provided by the User;
Disruption to Service use or damages incurred due to causes attributable to a User;
(if applicable) Damages incurred by a personal information leak caused by a third party, where User information was provided to a third party through the Services at the User’s request at no fault of the Company;
Damages incurred by an infringement of a third party’s intellectual property rights caused by the actions of a User; and
Other reasons where there is no willful misconduct or gross negligence on the part of the Company.
The Company shall not be liable whatsoever for any disadvantages, damages or losses incurred by Users due to any transaction between Users or between a User and a third party where the Services were used as a medium.
The Company provides no warranty of any kind, express or implied, as to the reliability and accuracy, etc., of the services, contents, information, materials and data provided by Users or partners including Third Party Service Providers, other than the Services directly provided by the Company, and shall not be held liable for any damages caused thereby.
The Company shall not be liable for a User’s failure to obtain or his/her loss of the expected benefits from the use of the Services.
The Company has no obligation to monitor the contents and quality of any products or services advertised by a third party on a screen within the Services or through linked websites, and shall bear no responsibilities of any kind in relation thereto.
The Company shall not be liable regarding the use of Services provided free of charge, unless required by special provisions under applicable law.
Article 19 (Limitation of Liability)
The Company’s liability, and the liability of its affiliates, directors, employees, advisors to the Users or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by the Company’s breach of these Terms due to its wilful misconduct or gross negligence.
Article 20 (Dispute Resolution)
The Company shall install and operate a customer center to reflect and handle opinions or complaints justifiably brought by Users. For any questions regarding the Services or these Terms, you may contact us through [portal@email address].
These Terms of Service shall be prescribed, implemented and construed in accordance with the laws of Abu Dhabi and the applicable Federal Laws of the UAE and the competent courts of Abu Dhabi shall have exclusive jurisdiction over any disputes between the Company and Users with regard to the use of the Services.
Article 20 (Mutatis Mutandis Application)
Matters not set forth herein shall be decided by applicable law and matters not prescribed by law shall be decided by general practices.
Addendum
These Terms of Service shall be effective as of [29-August-2024]
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