Maxxcom
Computers” maintains the DataVoice Website ("Site"). The following
are the terms of use that govern use of the Site ("Terms of Use"). By
using the Site you expressly agree to be bound by these Terms of Use and the
DataVoice privacy policy and to follow these Terms of Use and all applicable
laws and regulations governing use of the Site. DATAVOICE reserves the right to
change these Terms of Use at any time, effective immediately upon posting on
the Site. Please check this page of the Site periodically. We will note when
there are updates to the Terms of Use at the bottom of the Terms of Use. If you
violate these Terms of Use, DATAVOICE may terminate your use of the Site, ban
you from future use of the Site, and/or take appropriate legal action against
you.
LIMITED
LICENSE
You
are granted a limited, non-exclusive, revocable and non-transferable license to
utilize and access the Site pursuant to the requirements and restrictions of
these Terms of Use. DATAVOICE may change, suspend, or discontinue any aspect of
the Site at any time. DATAVOICE may also, without notice or liability, impose
limits on certain features and services or restrict your access to all or
portions of the Site. You shall have no rights to the proprietary software and
related documentation, if any, provided to you in order to access the Site.
Except as provided in the Terms of Use, you shall have no right to directly or
indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign,
copy, translate, modify, adapt, improve, or create any new or derivative works
from, or display, distribute, perform, or in any way exploit the Site, or any
of its contents (including software) in whole or in part.
1.
SITE OPERATION: United Arab Emirates is our Country of Domicile.
DATAVOICE controls this Site from the U.A.E. DATAVOICE 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 regulations.
2.
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.
3.
MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by
you, will be the same price and currency charged to the Card and printed on the
Transaction Receipt.
4.
PURCHASES. DATAVOICE accepts payment by Visa or Mastercard debit
and credit cards in AED for its products and services. All online purchases are
also governed by the terms and conditions of respective merchant service
providers. Please review respective merchant service provider’s user agreement
and privacy policy before entering any transaction. Interpretation. These Terms
of Use supersede all other written and oral communications or agreements with
regard to the subject matters discussed in these Terms of Use. A waiver or
modification of these Terms of Use will only be effective if made in writing
signed by an authorized officer of DATAVOICE. All refunds will be made onto the
original mode of payment.
5.
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES.
DATAVOICE will not trade with or provide any services to individuals and
companies owned or controlled by, or acting for or on behalf of, OFAC targeted
countries AND individuals, groups, and entities, such as terrorists and
narcotics traffickers designated under the OFAC programs that are not country
specific.
6.
REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and
covenant that (a) you are at least 18 years old; (b) that all materials of any
kind submitted by you to DATAVOICE through the Site or for inclusion on the
Site will not plagiarize, violate or infringe upon the rights of any
third-party including trade secret, copyright, trademark, trade dress, privacy,
patent, or other personal or proprietary rights. The customer using the website
who are Minor /under the age of 18 shall not register as a User of the website
and shall not transact on or use the website.
7.
PERMITTED USE. You agree that you are only authorized to visit, view
and to retain a copy of pages of this Site for your own personal use, that you
shall not duplicate, download, publish, modify or otherwise distribute the
material on this Site for any purpose other than for personal use, unless
otherwise specifically authorized by DATAVOICE to do so. You also agree not to
deep-link to the site for any purpose, unless specifically authorized by
DATAVOICE to do so. The content and software on this Site is the property of
DATAVOICE. The cardholder must retain a copy of transaction records and
Merchant policies and rules.
8.
YOUR ACCOUNT - If you use DATAVOICE Site, you are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your account from any devices, and you agree to accept
responsibility for all activities that occur under your account or password.
The Site shall not be responsible or liable, directly or indirectly, in any way
for any loss or damage of any kind incurred as a result of, or in connection
with, your failure to comply with this section.
9. NO
COMMERCIAL USE - This Site may not be used by you for any
commercial purposes such as to conduct sales of merchandise or services of any
kind. You must obtain DATAVOICE’s prior written consent to make commercial
offers of any kind on the Site, whether by advertising, solicitations, links,
or any other form of communication. DATAVOICE will investigate and take
appropriate legal action against anyone who violates this provision, including
without limitation, removing the offending communication from the Site and barring
such violators from use of the Site.
10.
LINKS AND SEARCH RESULTS - The Site may automatically produce
search results that reference and/or link to third party sites throughout the
World Wide Web. DATAVOICE has no control over these sites or the content within
them. DATAVOICE does not guarantee, represent or warrant that the content
contained in the sites is accurate, legal and/or inoffensive. DATAVOICE does
not endorse the content of any third party site, nor does it make any
representation or warranty about these sites, including that they will not
contain viruses or otherwise impact your computer. By using the Site to search
for or link to another site, you agree and understand that you may not make any
claim against DATAVOICE for any damages or losses, whatsoever, resulting from
your use of the Site to obtain search results or to link to another site. If
you have a problem with a link from the Site, you may notify us at
support@DATAVOICE.
11.
COPYRIGHT POLICY - DATAVOICE may terminate the privileges of any
user who uses this Site to unlawfully transmit copyrighted material without a
license, express consent, valid defense or fair use exemption to do so. If you
submit information to this Site, you warrant that the information does not
infringe the copyrights or other rights of third parties.
12.
INTELLECTUAL PROPERTY - Although DATAVOICE is not responsible for the
content, quality or accuracy of data provided by users, compilations of such
data, text, information and other materials made available to users through
DATAVOICE’s system. The Online Materials are DATAVOICE’s intellectual property,
and are protected by U.S. and international intellectual property laws. The
On-line Materials may not be copied or redistributed either in whole or in part
without prior written consent of DATAVOICE, except as expressly and specifically
permitted under these Terms of Use.
The
On-line Materials are and will remain the exclusive property of DATAVOICE. All
rights, titles and interests in and to the On-line Materials will be and remain
vested solely in DATAVOICE. Under no circumstances will you have any right,
directly or indirectly, to own, use, copy, loan, sell, rent, lease, license,
sublicense, redistribute, assign or otherwise convey the On- line Materials, or
any rights thereto, except as expressly and specifically provided in the Terms
of Use. Nothing in these Terms of Use will convey to you any right, title or
interest, except that of a license with the express rights and subject to all
limitations herein. Nothing in these Terms of Use grants you the right,
directly or indirectly, to use the On-line Materials to create a product for
resale or to use the On-line Materials in any way that competes with DATAVOICE.
You
acknowledge and agree that DATAVOICE will own all rights, titles and interests
in and to any copy, translation, modification, adaptation, derivative work or
improvement of the On- line Materials made by or for you. At DATAVOICE’s
request, you must execute, or obtain the execution of, any instrument that may
be necessary to assign these rights, titles or interests to DATAVOICE or
perfect these rights, titles or interests in DATAVOICE’s name. DISCLAIMER OF
WARRANTY, LIMITATION OF DAMAGES. DATAVOICE MAKES NO WARRANTY OR REPRESENTATION
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY
OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN
RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF
THESE PAGES AND/OR THE SITE. DATAVOICE ALSO DOES NOT MAKE ANY REPRESENTATION OR
WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH
THE SITE BY ANY USER. DATAVOICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS
INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF
DATAVOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF
LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY
OF DATAVOICE WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY
PERMITTED BY LAW.
13.
VIOLATION OF TERMS OF USE. You understand and agree that in DATAVOICE’s sole
discretion, and without prior notice, DATAVOICE may terminate your access to
the Site, or exercise any other remedy available and remove any unauthorized
user information, if DATAVOICE believes that the information you provide has
violated or is inconsistent with these Terms of Use, or violates the rights of
DATAVOICE, or any third party, or violates the law. You agree that monetary
damages may not provide a sufficient remedy to DATAVOICE for violations of these
Terms of Use and you consent to injunctive or other equitable relief for such
violations. DATAVOICE may release user information about you if required by law
or subpoena.
14.
INDEMNITY. You agree to indemnify and hold DATAVOICE, its
subsidiaries, affiliates, officers, agents and other partners and employees,
harmless from any loss, liability, claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out of or relating
to your use of the Site, including also your use of the Site to provide a link
to another site or to upload content or other information to the Site, or your
breach of the Terms of Use.
15.
LICENCE GRANTED TO YOU. By providing materials to DATAVOICE, including by
submitting or uploading content or materials for use on the Site you represent
and warrant that you or the owner of all rights to such content or materials
has expressly granted DATAVOICE an irrevocable world-wide right in all
languages and in perpetuity to use and exploit all or any part of the content
and materials provided by you. DATAVOICE may publish and distribute any such
submitted content or materials at its sole discretion by any method now existing
or later developed. You agree that you shall waive all claims and have no
recourse against DATAVOICE for any alleged or actual infringement or
misappropriation of any proprietary rights in any communication, content or
material submitted to DATAVOICE. Any communication or materials you send to
DATAVOICE will be treated as non- confidential and non-proprietary and may be
disseminated or used by DATAVOICE for any purpose, including, but not limited
to, developing, creating, manufacturing or marketing products or services.
16.
ADVERTISING. The Site may contain advertisements and/or
sponsorships. The advertisers and/or sponsors that provide these advertisements
and sponsorships are solely responsible for ensuring that the materials
submitted for inclusion on the Site are accurate and comply with all applicable
laws. DATAVOICE is not responsible for the acts or omissions of any advertiser
or sponsor.
17.
SEVERABILITY. If any provision of the Terms of Use is held to be
invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect.
Headings
& section titles in this Agreement are for convenience and do not define,
limit, or extend any provision of this Agreement.