Terms and Conditions
1) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission.
2) Use a username that is the name of another person with the intent to impersonate that person.
3) Use a username that is subject to rights of another person without appropriate authorization.
4) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.4. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org. 5. You shall not transfer or sell your Account and User ID to another party. 6. Our services are not available to temporarily or indefinitely suspended Accounts. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time. 4. Services: 1. The Application is an online platform which provides the Users access to various products and services available on the platform. 2. The Application provides an online platform for unregistered Users to make payments with respect to various invoices issued to them. 3. The Application also provides software as a service/product on a subscription basis to the Users. 4. The features, billing and pricing details of each product/service shall be as mentioned on the Application. Such software are only available to registered users on the Application. 5. The Customer agrees that payment made in respect of any order by the User or a payment on the Application by a customer of the User, in respect of which the User, customer of the User or issuing bank raises a claim, demand, dispute or chargeback on Hylobiz or the facility providers for any reason whatsoever or in case of refund initiated by the customer of the User or the User with respect to services and products available on the Application, such liability shall be the financial responsibility of the User. The chargeback or refund shall be processed as per the set processes of facility providers and Hylobiz. Once the chargeback request is received and the Customer is ordered to make payment of the chargeback amount or in case of refund once the refund requested is initiated by a customer, the User shall make the payment of the chargeback/ refund amount as the case may be without any demur or protest, dispute or delay. The User agrees that such refunds shall be initiated within 90 days from the date of transaction. The Customer shall make payment of chargeback amount within 48 hours from the time of receiving the request for making payment of chargeback and or in case of refund immediately at time of initiating the refund. The User hereby agrees that all Refunds and Chargebacks shall be the sole responsibility of the User and Hylobiz shall not be liable for any claims or disputes which may arise in connection with such refunds or chargebacks to the customer or his counterparties. The Customer agrees to indemnify Hylobiz in respect of any claims, disputes, penalties, cost and expenses arising directly or indirectly in relation to refunds or chargebacks for all transaction initiated and instructed through the Application. 6. The User agrees that payment made in respect of any Services by the User or a payment on the Application by the User, in respect of a claim, demand, dispute or chargeback on Hylobiz or the facility providers for any reason whatsoever or in case of refund initiated by the holder of the card using which the payment was made, such liability shall be the financial responsibility of the User. The chargeback or refund shall be processed as per the set processes of facility providers and Hylobiz. Once the chargeback request is received and Hylobiz is ordered to make payment of the chargeback amount or in case of refund once the refund requested is initiated by a car holder, the User shall make the payment of the chargeback/ refund amount as the case may be without any demur or protest, dispute or delay. The User agrees that such refunds shall be initiated within 90 days from the date of transaction as per communication from Hylobiz. The User hereby agrees that all Refunds and Chargebacks shall be the sole responsibility of the User and Hylobiz shall not be liable for any claims or disputes which may arise in connection with such refunds or chargebacks to the customer or his counterparties. The User agrees to indemnify Hylobiz in respect of any claims, disputes, penalties, cost and expenses arising directly or indirectly in relation to refunds or chargebacks for all transaction initiated and instructed through the Application under this Clause. 7. If Hylobiz and/or the facility providers determine that the Customer and/or its business associates registered with Hylobiz are incurring an excessive amount of Chargebacks or Refunds, Hylobiz may establish controls or conditions governing the Transactions contemplated under this Agreement, including without limitation, by:
a) Establishing new processing fees.
b) By requesting a reserve in an amount reasonably determined by Hylobiz to cover anticipated Chargebacks and Refunds.
c) By asking the Customer to first make payment of the chargeback amount / refund amount and then only process the chargeback and refund request.
d) Delaying or suspending pay-outs to Customer.
e) Block the refund or refuse to process.
f) Adjusting the chargeback and refund amount from the end user charge payable to Customer and.
g) Imposing penalty amount if any charged by facility providers
h) Charge interest over the chargeback and refund amount
i) Terminating or suspending Hylobiz services.8. Invalidated payments, chargebacks, refunds or any refund processing charges, bank fees or penalty by banks for excessive chargebacks or refunds, applicable taxes, any excess amount paid to the chargeback claimant and other amounts that the User owes to Hylobiz Technologies LLC under this Agreement shall be deducted from the ongoing settlements. 9. If there are insufficient funds available in User’s account, Hylobiz shall claim from the User such amounts to the extent the funds are insufficient; which the User on receipt of the claim undertakes forthwith to pay to Hylobiz without any delay. 5. Acknowledgements/Representations and Warranties by Users:
1. Before placing an order, Users are advised to check the product/service description carefully. By placing an order for a product/service, User agrees to be bound by the conditions of sale included in the product’s/service’s description/listing.
2. Charges displayed on the site include only the base cost of the product/service. There may be additional taxes and charges applicable for a product/service which shall be added and included as applicable and will be added in the total when the final purchase is made.
3. Prices and availability of products are subject to change, without prior notice to users Users/Customers, at our sole discretion.
4. Our Application reserves the right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such User and/or disqualify that User from using our Application. Any person who knowingly and with an intention to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the full extent of law.
5. You acknowledge and undertake that you are accessing the services on the Application and transacting at your own risk and are using your best and prudent judgment before making any purchases or payments through the Application. We shall neither be liable nor be responsible for any actions or inactions of the registered Users on our Application and any product or service supplied by them and hereby expressly disclaim any and all responsibility and liability in that regard.
6. Our Application strongly advises and recommends that your invoices are genuine and not false purchases and testing the site with false purchases, will put you at substantial personal legal risk.
7. All orders on the Application are a firm commitment to purchase. If you are the buyer/purchaser for any product/item, you are obligated to complete the transaction with us. By purchasing a product/service you agree to be bound by the conditions of sale included in the product/service description on our Application.6. Refund and Cancellation:
1. The order once placed on the Application and confirmed from our end with respect to services which are availed on a subscription basis can be cancelled by the User by giving a [2 months] prior written notice (“Termination Notice Period”) to Hylobiz. The User shall remain liable for making payments for the services during the Termination Notice Period.
2. There are no refunds for order placed by the Users on the Application.7. Payments: 1. The customers of the User can make payments via their chosen method such as cash cheque or bank transfer. 2. The Application uses third party services providers (“Payment Aggregator”) who facilitate processing of payments on the Application for various means of payment options and also provide payment aggregation services. 3. Invoice payment services transactions on the Application: The payments made by the customers of the Users are settled by the Payment Aggregator to the User subject to deduction of fees and charges as applicable and advised to the User and agreed by the User from time to time. 4. Payments by Users for services provided by Hylobiz to Users:
a) The Users can make payments to us via their valid debit or credit cards, net banking or any other approved method at the time of ordering the product/service or making payment against an invoice via the secure payment gateway on our Application.
b) Unless otherwise stated, all prices/fees are quoted in AED and do not include any any applicable taxes which shall also be levied at the time of invoicing.5. In addition to the payment of the applicable purchase price for a purchased item, users are responsible for paying all applicable taxes or duties associated with the placement of orders. All such taxes and additional charges are not included in the listed price for any products/services made available through the Application, but will be displayed to Users before confirmation of any purchase. 6. Users who have registered on the Application and use the relevant products and services available on the Application shall be onboarded as merchants by the Payment Aggregator for facilitation of payment aggregation services. 7. The Application has the right to use any third party services providers for facilitation of services. 8. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payments related service providers , further Hylobiz shall not be responsible for any liabilities or errors arising out of false information and false representations provided by the User or customer of the User. 9. Our Application reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by User with us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy. 10. The Users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing of a transaction or any delay in processing a transaction which is beyond our control. 11. Our Application reserves the right to recover the cost of services, collection charges and lawyers’ fees from persons using the Application fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Application and any other unlawful act or acts or omissions in breach of these terms and conditions. 12. The user is liable for all liabilities arising out of transactions generated by the User on the Application. Any disputes or issues related to a transaction shall be intimated to the User based on the information provided by the payment gateway/payment aggregator services provider. We as a platform shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction or fraudulent transaction taking place via the payment gateway. The dispute in such a case shall be between the third party payment gateway service provider and you and we shall neither be a party to the dispute nor can be held liable for any misconduct of the payment service provider. 8. Use Of Services: 1. Customer Owned Data: All data and logos uploaded by Customer remains the property of Customer. Customer grants Hylo the right to use the relevant Customer Data for purposes of performing its obligations under this agreement in accordance with applicable laws. 2. Contractor / Sub-User Access and Usage: Customer may allow its contractors to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors and sub-users. 3. We reserve the right, at our sole discretion, to withdraw or modify this Application and any service or content we provide on this Application at any time. Any changes to the charges shall be effective after due intimation to the Users regarding any change. 4. We are not liable if, for any reason, the Application is unavailable at any time or for any length of time. On occasion, we may restrict access to certain portions of the Application or the entire Application to the Users, if required for operational reasons or in order to comply with applicable law. 5. The User is accountable for both:
1. Making all necessary arrangements for the User’s access to the Application.
2. Ensuring that all individuals who access the Application are aware of and comply with these Terms.9. User’s Responsibilities:
1. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Hylo promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the service’s Knowledge Base and applicable law.
2. Customer will not use deceptive, illegal, misleading or unethical practice using Hylobiz platform or linked services with regards to the products and services.
3. The Customer assures and guarantees to Hylobiz that his entity is acting in compliance with and shall at all-time act in compliance with all laws, rules and regulations, notification, and guidelines set by the local regulatory bodies and Central Bank of the country of domicile.
4. The Customer further confirms, undertakes and assures that in the event of violation of any of the laws and standards of the country of domicile or operations, any penalty or charge imposed by the regulators on Hylobiz due to the act of the customer, the Customer shall upon receipt of the claim from Hylobiz undertakes forthwith without any demur, protest, dispute or delay, to pay to Hylobiz the amount of the penalty / fine imposed by the regulators on Hylobiz. Furthermore the customer in his own capacity shall address and close the issue with the authorities concerned.
5. Users who have registered on the Application and use the relevant products and services available on the Application shall be onboarded as merchants by a Payment Aggregator engaged by Hylobiz for facilitation of payment aggregation services. The User agrees to provide any additional documents required by Hylobiz or its service providers for processing of payments.
6. Users agree and understand that the Payment Aggregator or any service provider appointed by Hylobiz shall settle directly to the Users of Hylobiz at agreed intervals and that the periodicity of the settlement can be amended at any point in time, based on agreement with service providers of Hylobiz.10. Restricted Uses: 1. Access to or use of the Application is restricted to lawful purposes and in accordance with the Terms. The User agrees not to use or access the Application in the following ways:
1) In contravention of any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UAE or other countries).
2) By exposing minors to inappropriate content, requesting personally identifiable information, or otherwise, with the intent to exploit, harm, or attempt to exploit or harm minors.
3) To transmit or procure the transmission of any advertising or promotional materials, including junk mail, chain letters, spam, or other solicitations of a similar nature.
4) Impersonating or attempting to impersonate the Company, an employee of the Company, another user, or any other person or entity (including, without limitation, by using email addresses, screen names, similarly named or commonly misspelt URLs associated with any of the foregoing).
5) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or that, as determined by us, may cause damage to the Company or Participants, or expose them to liability.
6) Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
7) Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or guidelines.2. In addition, the User agrees to refrain from:
1) Being likely to deceive or defraud any individual, including (but not limited to) providing any false, inaccurate, or misleading information with the intent to illegally obtain the property of another.
2) Advocate, promote, or aid any illegal act or illegal activity.
3) Inflict annoyance, inconvenience, or unnecessary anxiety, or be likely to upset, embarrass, alarm, or annoy another individual.
4) Impersonate a person or organization, or misrepresent the User’s identity or affiliation with a person or organization.
5) Engage in any activity or behavior that violates any applicable law, rule, or regulation regarding the integrity of trading markets or the Protocol, or otherwise harms the integrity of trading markets or the Protocol, including (but not limited to) spoofing, pump-and-dump schemes, and wash trading.
6) Do not imply that they originate from or are endorsed by us or any other individual or organisation if this is not the case.
7) Use the Application to execute any transaction that may be considered a securities transaction or otherwise requires registration with the Securities and Exchange Commission (“SEC”), or any other federal or state regulator or agency or self-regulatory organization.
8) Interfere with any party’s use of the Application, including their ability to engage in real time activities through the Application, by utilising it in a manner that could disable, overburden, damage, or impair it.
9) Utilize any robot, spider, or other automatic devices, processes, or means to access the Application for any purpose, including monitoring or copying any of its content.
10) Without our prior written consent, you shall not use any manual process to monitor or copy any of the content on the Application, or for any other purpose not expressly permitted in these Terms.
11) Utilize any device, software, or procedure that interferes with the Application’s operation.
12) Introduce any viruses, malware, trojan horses, worms, logic bombs, malicious code, or other technologically damaging content.
13) Try to gain unauthorised access to, interfere with, damage, or otherwise disrupt any portion of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application, including any underlying blockchain.
15) Employ a denial-of-service or distributed denial-of-service attack against the Application.
16) Otherwise, attempt to interfere with the Application’s operation.3. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and User Accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep Users from using our Application, services, applications, or tools, if we think that they are creating possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site or services. 11. Technical Support: Hylo shall provide customer support for the service under the terms of Hylo Customer Support Policy (Support), and is incorporated into these terms for all purposes. 12. API: 1. Hylo provides access to its application-programming interface (API) as part of the service/products for no additional fee. Subject to the other terms provided herein, Hylo grants Customer a non-exclusive, non-transferable, terminable license to interact with the API only for purposes of the service/product as allowed by the API.
1) Customer shall not use the API in a manner that fails to comply with the API technical documentation or with any part of the API. If any of these occur, Hylo can suspend or terminate Customer’s access to the API on a temporary or permanent basis.
2) Hylo may change or remove existing endpoints or fields in API results upon at least 30 days’ notice to Customer, but Hylo will use commercially reasonable efforts to support the previous version of the API for at least 6 months. Hylo may add new endpoints or fields in API results without prior notice to Customer.
3) The API is provided on an ‘AS IS’ and ‘WHEN AVAILABLE’ basis. Hylo has no liability to Customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.13. Publicity: Each Customer is permitted to state publicly that such Customer is a user of the services/products. Each Customer agrees that Hylo may include such Customer’s name and trademarks in a list of Hylo customers, online or in promotional materials. Each Customer also agrees that Hylo may verbally reference such Customer as a customer of the service. Each Customer may opt out of the provisions in this section by contacting Hylo Support. 14. Disclaimer: Hylo disclaims all warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose. While Hylo takes reasonable physical, technical and administrative measures to secure the service, Hylo does not guarantee that the service cannot be compromised. Customer understands that the service may not be error free, and use may be interrupted. 15. Payment: Customer must pay all fees as specified on the order, but if not specified then within 30 days of receipt of an invoice. Customer is responsible for the payment of all sales, use, withholding, VAT, GST and other similar taxes. These Terms contemplates one or more orders for the services/products, which orders are governed by these Terms. Payment Methods and Gateway: The Customer shall carry out payment of the total amount set out in the Subscription Plan using one of the following payment methods: Credit Card, Debit Cards, Wallets, UPI, Net Banking, NEFT, RTGS through direct Bank API’s within Hylo or via a partner Payment gateway partner integrated with Hylo. 16. Mutual Confidentiality: 1. Definition of Confidential Information: Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Hylo’s Confidential Information includes without limitation the services/products (including without limitation the Service user interface design and layout, and pricing information). 2. Protection of Confidential Information: The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement. 3. Exclusions: Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order, but will provide Discloser with advance notice to seek a protective order. 17. Proprietary Property: 1. Reservation of Rights: The software, workflow processes, user interface, designs, know-how, and other technologies provided by Hylo as part of the service are the proprietary property of Hylo and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Hylo. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. Hylo reserves all rights unless expressly granted in this agreement. 2. Restrictions: Customer shall not (i) sell, resell, rent or lease the service or use it in a service provider capacity; (ii) use the service to store or transmit infringing, unsolicited marketing emails, libellous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the service; (iv) attempt to gain unauthorized access to the service or their related systems or networks; (v) reverse engineer the service; or (vi) access the service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes. 3. Aggregate Data: During and after the term of this agreement, Hylo may use non-personally identifiable Customer’s data within the service for purposes of enhancing the service, aggregated statistical analysis, technical support and other business purposes. 18. Trademarks: All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. User shall not use such marks without the prior written consent of the Company; provided, however, User is hereby granted permission and license to use the terms “Hylo” and “Hylobiz” and any related names (excluding the Company name), logos (excluding the Company logo), product and service names, designs, and slogans in any manner they see fit so long as such usage is not done in a manner that, (1) is deceptive, fraudulent, or manipulative, (2) implies any relationship between the User and the Company, (3) (For example: you shall not use the foregoing marks to execute phishing attacks, spear phishing attacks, social engineering, or in any way that may cause a party to transmit digital-assets to an unintended recipient or to reveal private information, like a private key or password). On the Application, all other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners. 19. Term And Termination:
1. Term: This agreement continues until all orders have terminated.
2. Mutual Termination for Material Breach: If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.
3. Suspension for Non-Payment: Hylo may temporarily suspend or terminate, or both, the Service if Customer’s payment on any invoice is more than 15 days past due date.
4. Maintenance of Customer Data: Within 90-days after termination, Customer Data will be available.
5. After such 90-day period, Hylo has no obligation to maintain the Customer Data and may destroy it.
6. Return Hylo Property Upon Termination: Upon termination of this agreement for any reason, Customer must pay Hylo for any unpaid amounts, and destroy or return all property of Hylo. Upon Hylo’s request, Customer will confirm in writing its compliance with this destruction or return requirement.
7. Suspension for Violations of Law: Hylo may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in good faith believes that, as part of using the Service, Customer has violated a law. Hylo will attempt to contact Customer in advance.
8. The User waives its right to hold the Company and its affiliates, licensees, agents, and service providers liable and free from any claims resulting from any action taken by any of the foregoing parties during or as a result of its or their investigations.20. Disclaimer and Liability Limit: 1.The Application is provided without any warranties or guarantees and on an “as is” condition. You agree to bear the risks associated with the use of the application. 2. This disclaimer constitutes an essential part of these terms. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold none of the Company, its affiliates, and their respective directors, officers, employees, agents and advisors responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our application and tools.
- Delays or disruptions in our application or tools.
- Viruses or other malicious software obtained by accessing our application or tools or any site, services, or tool linked to our application or tools.
- Glitches, bugs, errors, or inaccuracies of any kind in our application and tools or in the information and graphics obtained from them.
- A suspension or other action taken with respect to your account.
a) The unavailability of the Application.
b) Any loss of data, information or materials caused by such system outages.
c) The resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages.
d) Any outages caused by any third parties, including without limitation any companies or servers hosting the Application, any internet service providers or otherwise.4. We are not responsible for any non-performance or breach of any contract entered into between the Users. We shall not be party to any disputes between the Users or their counterparties and shall not be required to mediate or resolve any dispute or disagreement between Users. You hereby release us and our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes between the Users. You agree to hold the Company harmless against any such dispute or claims and shall indemnify the Company against any costs and expenses incurred by the company due to such disputes between the Users. 5. Exclusion Of Indirect Damages: Hylo is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss. Our Application, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Application or that the operation of the Application will be error free and/or uninterrupted. Consequently, our Application assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Application; and/or any interruption or errors in the operation of the Application. 6. Total Limit On Liability: Hylo’s total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Customer within the 6-month period prior to the event that gave rise to the liability. 21. Warranty and Disclaimer: 1. The User acknowledges that we cannot guarantee or warrant that files available for download from the Internet or the Application are free of viruses or other destructive code and that we make no such representations or warranties. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for
1) Anti-virus protection and the accuracy of data input and output, and
2) Maintaining a means external to our site for the reconstruction of any lost data.2. To the maximum extent permitted by law, We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the User’s computer equipment, computer programs, data, or other proprietary the use of the Application, its content, and any of its services is at the User’s sole risk. The application is provided “as is” and “as available.” we do not endorse, guarantee, or assume any liability or responsibility for any content, advertisements, offers, statements, or actions by any third party either regarding or through the Application. 3. Nothing in the foregoing affects warranties that cannot be excluded or limited pursuant to applicable law. 22. Application Security: You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Application or any activity being conducted on this Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Application other than the search engine and search agents available from us on this Application. 23. Indemnity: If any third-party brings a claim against Hylo, or requires Hylo to respond to a legal process, related to Customer’s acts, omissions, data or information within the Software, Customer must defend, indemnify and hold Hylo harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim or request. The User shall indemnify Hylobiz, its respective officers, directors, employees and agents against any charge back or fraudulent transactions due to customer’s dealings with his counterparties. The User further confirms, undertakes and assures that in the event of violation of any of the laws and standards of Central Bank of UAE, the facility providers and Hylobiz, any penalty or charge imposed by the facility providers on the Hylobiz for any violation for any reason whatsoever, the User shall on receipt of the claim from the Hylobiz undertakes forthwith without any demur, protest, dispute or delay, to pay to the Hylobiz the amount of the penalty / fine imposed by Hylobiz 24. Governing Law And Forum: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre. The User irrevocably submit to the exclusive jurisdiction of the courts of the Dubai International Financial Centre. 25. Non-Applicability of Injunctive Relief: The User agrees that, to the fullest extent permitted by law, the User will not be permitted to obtain an injunction or other equitable relief of any kind, such as a court action that could halt the development or operation of the Application. 26. Notices: 1. By using the Application and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Application. 2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing. 3. Notice will be deemed received and properly served immediately when posted on the Application, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post:and
- For emails, the email was sent to the specified email address.