Terms And Conditions
Effective date 10th of October 2019
The Terms constitute an agreement between You and AL DAR SOFTWARE SOLUTIONS WLL (corporate ID 117811) with its address at Al Markhiya Street 98, Doha, Qatar including its affiliates and suppliers (collectively EXIMFIX), defining Your (End User) and EXIMFIX’s rights and responsibilities with respect to the Platform.
You may use the Platform only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Who can use the Platform?
You can register for the Platform as an individual user (Individual) or as a company, organization, government, or other legal entity user (collectively Organization).
To use the Platform, You must be at least eighteen (18) years of age. If You are under eighteen (18) years of age, or at least eighteen (18) years of age but a minor where You live, You must have Your parent, legal guardian or legally competent representative of the Organization you represent accept Your registration on Your behalf and approve Your use of the Platform. Anyone completing the registration must be legally competent.
If you are accepting these Terms and using the Platform on behalf of an Organization, you represent and warrant that you are authorized to do so.
Registering or Terminating the use of the Platform
To use a Platform You may need to register and create an EXIMFIX account with username and a password. You may need to provide us with certain personal information or information about the Organization you represent. EXIMFIX may verify Your email address before account can be used or EXIMFIX may use SMS or e-mail based verification Platform to confirm Your identity. In case of Organizations, EXIMFIX may additionally validate the company identity (Company ID, Tax ID and alike) with the help of local authorities.
The creation of an EXIMFIX Account will require data transmission. Data transmission costs may apply and are borne by the End User.
You agree to provide truthful and complete information when You register for the Platform and to keep that information updated to Your best ability. Truthful information helps You to take full benefit of the Platform. You must take due care to protect Your username and password against misuse by others and promptly notify EXIMFIX about any misuse. You, and Your parent or legal guardian, if You are a minor, are personally responsible for any use of the Platform.
You may terminate Your registration if You no longer wish to use the Platform by contacting EXIMFIX user support or by sending an email to firstname.lastname@example.org Termination means that You will no longer have access to the Platform. EXIMFIX may terminate Your registration or restrict Your access to certain parts of the Platform if EXIMFIX reasonably believes that You have breached the Terms or with prior notice if You have not used the Platform over the past six (6) months.
Who owns and what?
EXIMFIX grants You a non-exclusive, non-transferable license, revocable at any time at EXIMFIX’s sole discretion, to access and use the Platform strictly in accordance with the Terms. Use of the Platform does not grant You any intellectual property rights in or to any information or content in the Platform.
As part of the Platform, EXIMFIX may provide You with content developed by EXIMFIX or third parties that is owned by EXIMFIX and accessed within the Platform (EXIMFIX Content) or provide access to third party content (External Content) provided by Organizations using the Platform or third party platforms such as YouTube. Content covering both EXIMFIX Content and External Content is referred to as Content. EXIMFIX grants You a non-exclusive and perpetual license to use EXIMFIX Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. Some EXIMFIX Content may have geographical restrictions. You are bound by any restrictions applicable to specific EXIMFIX Content You obtain through the Platform. Any license acquired to third-party EXIMFIX Content is a binding agreement between You and the third-party EXIMFIX Content provider. You have only the rights to the EXIMFIX Content which are expressly granted here. With regards to External Content EXIMFIX claims no ownership of content that is accessed through EXIMFIX, but operated from a third party platform.
As part of the Platform, EXIMFIX may provide You with a mobile application or client developed by EXIMFIX (App). Your use of App may be subject to separate terms and conditions that You must accept before using the App. If there are no separate terms and conditions applicable to such App, the following terms apply: EXIMFIX grants to You a limited, non-exclusive, non-transferable right to install and use the App on Your computer and/or mobile device. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the App. For open source licensed software, applicable open source license terms apply.
You, as Individual or representative of an Organization, may be able to submit information or other types of digital content, such as photos, logos, other forms of trademarks, video, audio or text (Data) relevant to You or Your Organization to the Platform. EXIMFIX does not claim ownership in Your Data, unless agreed upon through separate agreement. Your submission of Data does not transfer ownership of rights of the Data to EXIMFIX. EXIMFIX is only transmitting the Data and is not responsible for editorial control over it. By submitting Data to the Platform You grant EXIMFIX a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Data to incorporate the Data into other works, and to grant similar sublicenses to the extent necessary for EXIMFIX to provide the Platform. You may be able to adjust this grant in the privacy and other settings of the Platform.
You are solely responsible for taking backup copies of the data You store on the Platform, including Content You upload. If the Platform is discontinued or canceled, EXIMFIX may permanently delete Your data. EXIMFIX has no obligation to return data to You after the Platform is discontinued or canceled.
What are the do's and don'ts?
You agree to:
Comply with applicable laws, the Terms and good manners;
As Individual, use the Platform only for Your personal, business development related purposes;
As Organization, use the Platform to identify, develop or to promote your Organization;
As Individual, keep only one user account, and keep its information up to date and truthful;
As Organization, ensure that the account information is up to date and truthful;
As Individual, not send job request for quotations or conduct tests on behalf of somebody else or otherwise use somebody else’s user account or identity on EXIMFIX Platform;
As Organization, not publish campaigns, news updates or other content that is meant to mislead or scam Individual users or other Organizations;
Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous or otherwise inappropriate Data;
Obtain any consents, permission or licenses that may be legally required for You to submit any Data;
Respect the privacy of others;
Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses
Not use any other technologies or initiate other activities that may harm the Platform, or the interest or property of the Platform users;
Not to use any automated systems or means to access, acquire, copy or monitor any part of the Platform.
EXIMFIX may, but has no obligation to:
Monitor or moderate any Content or Data;
Remove any Data from the Platform;
Restrict access to any part of the Platform at any time in its sole discretion; and
Block Users from accessing the Platform in case violation of these Terms.
What about accessing and using the Content?
Before downloading or accessing any Content, please check whether the content which You wish to access is restricted by age or marked as potentially ‘offensive’ or ‘explicit’. EXIMFIX shall not be responsible for any claims or offense caused or suffered by You accessing such Content.
To use the Content only for Your personal, non-commercial purposes;
To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies that apply to the specific content;
Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise EXIMFIX promptly of any such unauthorized use;
Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
Not to give out Your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Platform.
The Content is owned and/or controlled by EXIMFIX and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims You may have relating to that Content or Your use of that Content. However, EXIMFIX may enforce the third party Content license terms against You as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. EXIMFIX may be acting as an agent for third party Content provider in providing the Content to You. EXIMFIX is not a party to the transaction between You and the third party Content provider for such Content.
Allegations of Copyright Infringement
You may notify EXIMFIX of copyright infringement on the Platform by providing notice by email with Copyright Notification in the subject line to info@EXIMFIX.com, via the online form, if available. Your notice must:
identify the original copyrighted work You claim has been infringed;
identify the content on the Platform that You claim is infringing the copyrighted work. Please provide enough detail for EXIMFIX to locate the allegedly infringing content on the Platform;
provide Your contact information, including Your full name, mailing address, telephone number, and email address, if available;
provide a statement that You have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
provide this statement: I swear, under penalty of perjury, that the information in this notification and complaint is truthful and that I am the rightful owner of the copyright, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.; and
provide Your signature, as applicable.
How does EXIMFIX inform End-Users about the changes?
EXIMFIX may post notices within the Platform. EXIMFIX may also send You notices about new or changing Platforms to the email address or telephone number You have provided to us. You are
deemed to have received such notices at the latest within seven (7) days from EXIMFIX sending or posting those. Your continued use of the Platforms constitutes Your receipt of all notices regardless of delivery method.
What fees am I subject to?
Your use of the Platform may be or may become subject to charges. These charges may cover parts or the entire Platform.
Any fees charged by EXIMFIX will be announced separately in connection with the Platform.
Use of the Platform involves transmission of data through Your Platform provider’s network. Prices listed within the Platform DO NOT include possible data transmission, text message, voice or other Platform provision charges by Your network Platform provider.
EXIMFIX assumes no responsibility for the payment of any charges of Your Platform providers.
What are the payment terms?
Order shall mean the selection of payable Content or Platform and/or subscription to Content or Platform offered by EXIMFIX and available in the Platform and submission of payment method, as well as submitting the order by selecting the buy, ok, I accept, confirm, pay or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to You in the order flow.
To place an Order within the Platform, You must have reached the age of legal competence according to the applicable legislation. If You have not reached the age of legal competence, You may place Orders only with the prior consent of Your parent, legal guardian or the Organization you represent.
You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by EXIMFIX.
You may pay by credit or debit card, network Platform provider billing, mobile money, or other payment methods if available.
Your credit or debit card must have a billing address in the country where the Content or Platform is offered by the Platform. EXIMFIX will charge Your credit card or debit Your bank account within a reasonable time after You have made Your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If You choose network Platform provider billing, charges will appear on Your mobile phone bill or be deducted from Your prepaid account if it is a prepaid account. Some network Platform providers may subject Your usage of the Platform to additional terms and conditions including placing limits on the amount of charges possible with network Platform provider billing. Charges in excess of network Platform provider limits or account balance may be rejected.
You agree to pay the charges related to Your Order, to ensure that the instrument of payment is valid at the time of the Order, that You are the rightful holder of the instrument and that the instrument is used within its credit limits.
The Content or Platform that is delivered is licensed to You. You agree to use such Content or Platform solely as permitted in these Terms and in any additional terms that You may be presented in the order flow.
The Platform may offer subscriptions. You authorize the Platform to place a periodical charge during
the period of the subscription. The Platform may also offer a trial period. If Your Order involves a trial period (also known as try-and-buy), You may be charged when the trial period expires, unless You cancel in accordance with the subscription/trial terms.
The prices in the Platform may change from time to time. Prices include applicable taxes in effect at the time of Your transaction, unless otherwise stated, and need to be paid in full to EXIMFIX. Depending on local tax laws and regulations, You may be required to pay additional taxes, such as the withholding tax. There may be instances where You incur additional charges from Your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. EXIMFIX assumes no responsibility for the payment of bank or any other third party Platform fees, charges or taxes.
What about Platform availability and technical requirements?
The availability of Content and the Platform may vary and is subject to EXIMFIX’s sole discretion. EXIMFIX expressly disclaims any representation or warranty that any particular Content or Platform will be available. The Platform may not be available in all countries and may be provided only in selected languages. The Platform, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Platform, You may need to download a specific piece of App developed by EXIMFIX or by another party.
EXIMFIX may, in its sole discretion, change, correct or discontinue the Platform in whole or in part. The Platform may not be available during maintenance breaks and other times. To ensure You have the latest EXIMFIX device software and applications, Your device may automatically check for the availability of App updates from EXIMFIX. If any are detected You will be prompted to approve the installation. You may disable automatic checking for updates through settings in Your device. You may also install App update through available software update channels. If EXIMFIX considers a App update to be important or critical You may not continue using the previous version of the App. EXIMFIX may prevent Your use of the previous version of the App or Platform until You install the update.
EXIMFIX may disable any Content, Platform or App contained in Your Platform account for any reason and remove any Content or App and/or disable copies of any application on Your device in order to protect the Platform, application providers, wireless carriers over whose network You access the Platform or any other affected or potentially affected parties.
A particular Platform may be a pre-release version, for example a beta release, and may not work in the way a final version works. EXIMFIX may significantly change any version of Platform or App or decide not to release a final version.
Can I cancel my Order?
You agree to the electronic delivery of Content or Platform being initiated concurrently with the placement of Your Order. You will not be able to cancel Your Order once it has been processed. The nature of the Content is such that it cannot be returned.
In the event that after Your Order You discover and promptly inform EXIMFIX within 48 hours that (a) the Content or Platform You have ordered is faulty; (b) the Content or Platform EXIMFIX delivers to You does not match the description of the Content or Platform You ordered via the Platform; or (c) technical problems delayed or prevented delivery of Your Content or Platform or accidental multiple orders caused by such technical problems, Your sole and exclusive remedy with respect to such
Content or Platform will be either replacement of such Content or Platform, or refund of the price paid for such Content or Platform, as determined solely by EXIMFIX. Otherwise, no refunds are available. If You encounter any of the above issues, please contact EXIMFIX.
What happens with my social and location data?
You may use features in the Platform to share Your location, status, content, Data or information about You as an Individual or representative of an Organization or to interact with other users, sites and Platforms. By using these features, You agree that EXIMFIX may use and provide that information to other Platforms and persons with whom You choose to interact or share this information with. Users of these Platforms and persons, such as Your contacts or people or Organizations You Follow, may see or get to know Your location, status and/or personal information. In using these features You agree not to share information, Content or Data or to link to any Platform or site that: (a) contains content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve EXIMFIX and is solely between You and the other user(s).
How to provide feedback to EXIMFIX?
By submitting any ideas, feedback and/or proposals (Feedback) to EXIMFIX through the Platform or other means, You acknowledge and agree that: (1) EXIMFIX may have similar development ideas to the Feedback; (2) Your Feedback does not contain confidential or proprietary information of You or any third party; (3) EXIMFIX is not under any obligation of confidentiality with respect to the Feedback; (4) EXIMFIX may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) You are not entitled to compensation of any kind from EXIMFIX.
Links to third party sites and content
EXIMFIX may include access to sites and Platforms on the Internet or preloaded clients that enable You to interact with sites and Platforms that are owned or operated by third parties and that are not part of the Platform. You must review and agree to the terms and conditions of these sites or Platforms before using these sites or Platforms.
EXIMFIX has no control over the third party content, sites or Platforms and assumes no responsibility for Platforms provided or material created or published on these third-party sites or Platforms. A link to a third-party site does not imply that EXIMFIX endorses the site or the products or Platforms referenced in the site.
In addition, You and other users may create content and links to content within the Platform that has not otherwise been submitted to the Platform. EXIMFIX is not responsible for this type of content or links.
EXIMFIX and advertisements?
Platform may include advertisements. Advertisements may be targeted to the content or information stored on the Platform, queries made through the Platform, or other information.
How does EXIMFIX take care of Your privacy?
You agree to defend and indemnify EXIMFIX from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) Your breach of the Terms, (ii) Your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Platform by a third party where the misuse was made possible by Your failure to take reasonable measures to protect Your username and password against misuse.
Limitation of liability
The Platform is provided on AS IS and AS AVAILABLE basis. EXIMFIX does not warrant that the Platform will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Platform. You expressly agree and acknowledge that the use of the Platform is at Your sole risk and that You may be exposed to content from various sources.
Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, EXIMFIX is not liable for any direct damages caused by Your use or inability to use the Platform. In no case will EXIMFIX be liable for any indirect, incidental, punitive or consequential damages resulting from Your use or inability to use the Platform.
How long are these Terms valid?
Choice of law for these Terms
The Terms are governed by the laws of State of Qatar without regard to its conflicts of law provisions.
Making changes to the Terms
EXIMFIX may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, EXIMFIX will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Platform constitutes Your consent to any changes and modification.
The Platform, Content and App are protected under international copyright laws. EXIMFIX claims
copyrights in its Platform, Content, and App to the maximum extent of the law. Subject to the Terms, EXIMFIX retains all right, title and interest in the Platform, its Content, the App and in all other EXIMFIX products, software and other properties provided to You or used by You through the Platform.
Transferring rights and obligations
EXIMFIX may transfer its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with EXIMFIX. Additionally, EXIMFIX may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.