Terms and Conditions
THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN RIGHTS. YOU ARE ADVISED TO READ THIS CAREFULLY BEFORE AGREEING TO ITS TERMS.
These Terms and Conditions ("Terms") form an agreement ("Agreement") between you, or, if you are entering into this Agreement on behalf of an entity or an organization, that entity or organization ("you" and "your") and Qissahh Marketing ("Qissahh," "us," or "we").
Qissahh provides users of the Site ("Users") with the opportunity to access and use marketing services, content, tools, and resources ("Services") through qissahh.ae, qissahh.com, and related subdomains (collectively the "Site"). Qissahh is willing to allow you to become a User of the Site, including the available content and services, if you agree to be bound by this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND QISSAHH. BY ACCESSING AND USING THE SITE, WHICH INCLUDES ALL CONTENT OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.
1 Scope
This Agreement governs your access to and use of the Site, which includes all content and services. Unless otherwise specified in this Agreement, all access to and use of the Site and all content and services by you or on your behalf is subject to this Agreement. This Agreement is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between you and Qissahh, regarding your access to and use of the Site.
2 You
If you have entered into this Agreement solely on your own behalf (to use the Site yourself, for your own benefit), then you are entering this Agreement as an individual. If you have entered into this Agreement on behalf of an organization or entity (so that the entity or organization can use the Site), then you are entering this Agreement on behalf of that entity or organization. In either case, you represent and warrant to Qissahh that you have the authority to enter into this Agreement, whether on your own behalf or on behalf of that entity or organization.
3 Modifications
Qissahh may, in its sole discretion, modify this Agreement from time to time. Qissahh will use commercially reasonable efforts to provide notice of any material modifications to this Agreement. Notice may be provided to you directly or to all Users through the Site. Unless we make a change for legal or administrative reasons, any modification to this Agreement will be effective 5 days following posting of the modified version of this Agreement to the Site. Your continued access to the Site or use of the content and services following that date constitutes your acceptance of, and agreement to be bound by, any modified Agreement.
4 Right to Modify or Discontinue the Site
We reserve the right to modify or temporarily or permanently discontinue the Site, including any content or services, at any time with or without notice, by making those modifications available to you as part of the Site, content, or services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, content, or services.
5 Definitions
Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United Arab Emirates.
6 Eligibility
The Site, including all content and services, is for use by individuals 18 years of age and older. Additional eligibility requirements for various content or services may be stated on the Site. By entering into this Agreement and using the Site, you confirm that you are legally capable of entering into a binding agreement with Qissahh and you meet all such eligibility requirements. If you do not meet any such eligibility requirements, the Site is not for you, and you are not permitted to become a User of the Site and you may not access or use the Site or any content or services.
7 Term
This Agreement is effective as of the Effective Date and will continue until terminated as set forth herein.
8 Your Account
As a User of the Site, and in order to access certain content and services, you may be required to establish an account on the Site (your "Account"). All Accounts are issued at the sole discretion of Qissahh.
Your Account and the credentials for your Account are personal in nature. Your Account is for your own personal or business use and may be used only by you alone. You may not transfer your Account to someone else. You also may not provide your credentials to anyone else or give a third party access to your Account. You will ensure the security and confidentiality of your Account credentials. If any credentials are lost, stolen or otherwise compromised, you will notify Qissahh immediately at contact@qissahh.com.
You are solely responsible for your Account and all use of the Site and any content or services through your Account. You are fully responsible for all actions taken through your Account and for any liabilities and damages incurred through the use of your Account, whether lawful or unlawful.
9 Your Obligation to Provide Truthful Information
In connection with your use of the Site, and accessing certain content and services, you may be asked to submit information to the Site. If you submit information to Qissahh through the Site, you agree that: (1) the information you submit will be true, accurate, current and complete, and (2) you will promptly update your information to keep it accurate and current. You grant Qissahh all necessary rights, authorizations, consents, and permissions necessary to use such information in accordance with this Agreement.
10 Access to the Site
Subject to your compliance with this Agreement, during the term of this Agreement, Qissahh will permit you to access the Site, including all applicable content and services, solely for your own personal or business use in accordance with the terms of this Agreement. Your right to access the Site, content, and services is personal to you or the entity or organization that you represent and you may not distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use the Site, content, and services, or otherwise make the Site, content, and services available to any third party.
11 Services and Content
Qissahh provides marketing strategy, creative production, audience research tools, advertising campaign management, and related services. Any content made available through the Site is for informational and business purposes only. Qissahh does not take any responsibility for any interruptions or delays in any content or the unavailability of any content. Qissahh is not responsible for any errors or omissions in any content. You are solely responsible for verifying the accuracy and completeness of all content, as well as the applicability and suitability of any content to your intended use.
12 User Content
The Site may permit you to upload, provide, or make available your content through the Site. You are solely responsible for all content that you may upload, provide, or make available through the Site ("User Content"). You will obtain all rights, authorizations, consents, and permissions necessary to provide all User Content and to permit the processing and use thereof through the Site under this Agreement. You will ensure that all User Content you make available on the Site will not violate this Agreement, the Qissahh Privacy Statement, or any applicable laws. Qissahh may rely upon the accuracy and completeness of any of your User Content and is not responsible if any of your User Content is inaccurate and incomplete. You will notify Qissahh promptly of any unauthorized submission of or access to User Content through the Site. Qissahh is under no obligation to review any User Content for accuracy, completeness, or potential liability and is not responsible or liable for any deletion, correction, destruction, damage, or loss of any User Content.
13 Restrictions
You may only use the Site, including all services and any content, for lawful purposes as expressly provided in this Agreement. As a condition of your use of the Site, you covenant and agree that you will not, and will not permit any third party to, use the Site for any purpose that is unlawful or prohibited by this Agreement.
In addition to and without limiting the foregoing, you will not and will not permit any third party to: (1) access or attempt to access the Site except as expressly provided in this Agreement; (2) copy, duplicate, capture, replicate, store, or maintain any content outside of the Site; (3) transfer, sell, lease, license, sublicense, distribute, or make available to any third party your right to access or use the Site; (4) alter, copy, modify, or create derivative works of any content or services; (5) reverse engineer, disassemble, decompile, or decode the Site; (6) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of any content or services; (7) use the Site in any unlawful manner; (8) use the Site to further or promote any criminal or illegal activity; (9) contest, challenge or otherwise make any claim or take any action adverse to Qissahh's ownership of, or interest in, the Site or content; (10) use any content or services in a manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (11) use automated scripts to collect information from or otherwise interact with the Site; (12) alter, obscure, or remove any copyright, trademark or any other notices on the Site; (13) access or use the Site in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the Site; or (14) take any action we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site.
14 Ownership
Qissahh retains all right, title and interest, including all intellectual property rights, in and to the Site, including the services and all content, as well as all software, databases, hardware, and other technology used by or on behalf of Qissahh to operate the Site and services ("Technology"), and any additions, improvements, updates and modifications thereto (collectively, "Qissahh Property"). You receive no ownership interest in or to the Qissahh Property and you are not granted any right or license to use the Qissahh Property itself, apart from your ability to access the Site, content, and services under this Agreement. The Qissahh name, logo, and all product and service names associated with the Site are trademarks of Qissahh and you are granted no right or license to use them.
15 Third-Party Services
The Site may provide you with access to services provided by third parties ("Third-Party Services"). Qissahh does not operate, control, or endorse any Third-Party Services. Third-Party Services are offered for your convenience, and you assume sole responsibility for your use of any Third-Party Service. You may be required to agree to additional terms and conditions applicable to a Third-Party Service. YOUR USE OF ANY THIRD-PARTY SITES OR SERVICES IS AT YOUR OWN RISK.
16 Feedback
Any comments, feedback, suggestions, testimonials, reviews, and other communications (including photos and videos) regarding the Site, content, or services ("Feedback") is entirely voluntary. We will be free to use any Feedback as we see fit for any purpose and without any notice, payment, or other obligation to you. All use of any Feedback will be at our sole discretion and without limitation.
17 Fees
General access to the Site is available without a fee. However, certain services may require the payment of a fee or charge as indicated on the Site or in a separate agreement. You are responsible for paying Qissahh the applicable fees and charges that you may incur through your use of or access to the Site (if any) ("Fees"). Any Fees will be due and payable as indicated on the Site. You will pay all Fees when due. Unless otherwise indicated, all Fees will be payable in AED or USD as specified. All Fees are non-refundable once paid to Qissahh unless otherwise stated. Qissahh may update any Fees applicable to this Agreement at any time, by making those modifications available to you on the Site. You are solely responsible for all expenses you may incur under this Agreement or through your access to and use of the Site. All Fees are exclusive of, and you will be responsible for payment of, all applicable taxes, assessments, fees, or other charges required by applicable law.
18 Termination
This Agreement may be terminated by either party at any time, in that party's sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination of this Agreement for any reason: (1) all rights and subscriptions granted to you under this Agreement will terminate; (2) all amounts due or payable by you under this Agreement will become due and payable; (3) you will immediately cease all use of and access to the Site, including all content and services; and (4) Qissahh may, in its sole discretion, delete your Account and any User Content held by Qissahh. The relevant portions of the following Sections will survive termination of this Agreement for any reason: Definitions, Account, Ownership, Feedback, Fees, Termination, Third-Party Services, Representations and Warranties, Disclaimer of Results, No Professional Advice, No Additional Warranties, Indemnification, Limitation on Liability, Governing Law, and General Provisions.
19 Suspension
Without limiting Qissahh's right to terminate this Agreement, Qissahh may also suspend your access to your Account and the Site, including all content and services, with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by Qissahh to be inappropriate or detrimental to the Site, Qissahh, any other User, or any third party.
20 Representations and Warranties
You represent and warrant to Qissahh that: (1) you have the legal right and authority to enter into this Agreement; (2) this Agreement forms a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement; and (4) your use of and access to the Site, including all content and services, will comply with all applicable laws, rules, and regulations and will not cause Qissahh to violate any applicable laws, rules, or regulations.
21 Disclaimer of Results
Qissahh does not promise, guarantee, represent, or warrant any level of success, income, sales, or specific results from use of the Site, including any content or services. You understand and acknowledge that the Site, including all content and services, may or may not be applicable to your specific business. Individual results will vary from User to User. You understand that there can be no assurance that any prior successes, or past results, can be used as an indication of your future success or results. You acknowledge that results are based on many factors. You agree that your success, however defined by you, is your own responsibility, and Qissahh assumes no responsibility, fiduciary or otherwise, for your success. Your business's results will vary depending on a variety of factors unique to your business, including but not limited to your location, business model, staff, market, budget, and execution.
22 No Professional Advice
Neither Qissahh nor the Site provides legal, financial, investment, or other professional advice and is not intended to be a substitute for professional advice or recommendations. All content made available to you through the Site is for educational and informational purposes only. You should consult with qualified professionals for advice specific to your situation before making business decisions based on any content from the Site.
23 No Additional Warranties
THE SITE, INCLUDING ALL CONTENT AND SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. QISSAHH DOES NOT WARRANT THAT THE SITE OR ANY CONTENT OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
24 Indemnification
You agree to indemnify, defend, and hold harmless Qissahh and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of or access to the Site or services; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of any applicable law or the rights of any third party.
25 Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QISSAHH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QISSAHH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. QISSAHH'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO QISSAHH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
26 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of the Emirate of Ras Al Khaimah, UAE. Both parties agree to attempt to resolve disputes amicably before pursuing formal legal proceedings.
27 Privacy
Your use of the Site is also governed by our Privacy Statement, which is incorporated into this Agreement by reference. Please review our Privacy Statement to understand how we collect, use, and protect your information.
28 General Provisions
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Qissahh's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Qissahh regarding the Site and supersedes all prior agreements and understandings. You may not assign or transfer this Agreement without the prior written consent of Qissahh. Qissahh may assign this Agreement at any time without notice to you.
29 Contact Us
If you have any questions about this Agreement, please contact us at:
Qissahh Marketing
Ras Al Khaimah, United Arab Emirates
Email: contact@qissahh.com
WhatsApp: +971 54 788 4969