By accessing Our website (“AXS Website”) and registering with Us, You agree to comply with these Terms of Use
If You are accessing and using the services and products made available online by Us through AXS Website (“AXS Online Services”) pursuant to an ordering document specifying the AXS Online Services to be provided by Us (“Service Request”) on behalf of a company or other legal entity, you represent that You have the authority to bind such entity and its affiliates to these Terms of Use, in which case the terms "You" or "Your" shall refer to such entity and its affiliates.
If you do not agree to Our Legal Terms, do not access, view or other wise use any of AXS Online Services or register as a user.
References to "You", "Your" and "Yours" are references to the person(s), company or other legal entity accessing the AXS Online Services and “We”, “Us”, “Our” means AXS Website and AXS Online Services owned by TECOM Investments FZ-LLC.
Registration
You may not access and use AXS Online Services without registering with Us first.
We will make AXS Online Services immediately available to You once You complete the AXS Online requirements by holding a valid Commercial License issued by the Dubai Technology and Free Zone Authority (“DTMFZA”).
Your registration information must be accurate and complete and You must notify us of any change to that information, in particular to Your e-mail address.
You warrant that you will not impersonate anyone else when registering for, or using, the AXS Online Services.
You must not allow anyone else to access any AXS Online Services by using Your user name and password (“ID”).
We will not contact You via email or telephone requesting for your online password. If You are contacted by anyone requesting this information, You shall contact Us immediately. If You believe that Your password has been lost or stolen or that someone may attempt to use the AXS Online Services without your consent, you must notify us immediately by calling 8004 AXS (8004297).
We may suspend or cancel Your password even without having received notice from you, if we suspect your password is being used in an unauthorized or fraudulent manner.
You are liable to Us for all AXS Online Services purchase by you or anyone else using Your ID and we will not be liable to You or anyone else for unauthorised use of Your ID.
You must not use AXS Website and AXS Online Services to send chain emails or Spam, to send, use or re-use any materiel which is unlawful, threatening, abusive, libelous or indecent, which infringes copyright or any other legal right or which contains any other form of illegal content.
Suspension and Termination of Registration
We will determine in Our discretion whether there has been a breach of these Terms of Use through Your use of AXS Online Website and may take such action as we deem appropriate.
Failure to comply with these Terms of Use may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use AXS Website;
Immediate, temporary or permanent withdrawal of your right to use specific AXS Online Services;
Issue of a warning to You;
Notify the DTMFZA which may be entitled to treat such a breach as a breach of the commercial license;
Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against You;
Disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; or
any other action we reasonably consider to be appropriate.
Viruses, Hacking and Other Offences
You must not:
Misuse AXS Website by knowingly introducing viruses, trojans, worms, logic bombs or other materiel which is malicious or technologically harmful;
Attempt to gain unauthorised access to AXS Online Services, or any other computer or database connected to or AXS Online Services;
Attack AXS Website or AXs Online Services via a denial-of-service attack or a distributed denial-of-service attack.
Any breach of Paragraph 4.1 immediately ends your right to access AXS Website and is a criminal offence which we will report to the relevant law enforcement authorities and co-operate with them by disclosing your identity.
We will not be liable to You for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful materiel that may infect Your computer equipment, computer programs, data or other proprietary materiel due to Your access to AXS Online Services or to your downloading of any materiel that is posted on it, or on any website linked to them.
Use of AXS Online Services and Content
The individual or individuals whom You grant access rights to the AXS Online Services (“Administrator User”) will automatically have read access rights to all electronic data submitted by You or for You to the AXS Online Services or collected and processed by You or for You using the AXS Online Services, excluding Content, such as employees’ salaries (“Data”).
The Administrator User may at its sole discretion grant the same or seperate access rights to other employees, such as Data only, enquiry only or approval only rights.
We will (a) make the AXS Online Services and Content available to You pursuant to this Terms of Use and the applicable Service Request, and (b)) use commercially reasonable efforts to make the AXS Online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We shall give reasonable electronic notice and which We shall schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Pacific time), and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, utility provider or other relevant authority, flood, fire,
Any AXS Online Services purchased by You through a Service Request shall be provided by Us at Your own cost and liability.
We shall not be liable for any damage, error or loss that may occur as a result of you accessing and using AXS Online Services.
You are responsible for providing, reviewing and updating on a regular basis the Data.
You shall be solely responsible for the accuracy of the information and Data that you submit and any changes or amendments that may take place to such information and Data from time to time; and the settlement of any dispute with the concerned utility institution.
We may refuse to provide any AXS Online Services, if You fail to comply with Our requirements or if the information or Data are incorrect or are in violation of the laws applicable in the United Arab Emirates.
Fees and Payment for AXS Online Services
In consideration of the provision of AXS Online Services to You, You shall pay to Us all applicable fees in accordance with the current schedule of fees described in the Service Request (“Fee”).
We may collect the Fee and any other monies owing under these Terms of Use by: (a) deducting such amount from the advance payment as provided by You (“Deposit”), without notice or demand; (b) invoicing the amount of the Fee or expenses to You; (c) debiting such amounts from Your credit card; or (d) calling upon the bank guarantee provided by You.
We shall have the right to setoff and recoup the Fees and any other amounts owed to Us by You against any funds credited to or owing to You. We may exercise this right of setoff and recoupment at any time and without notice to You whether or not Your obligations are due by setting off against or recouping from: (a) any amounts We may owe You under these Terms of Use; and (b) the Deposit. In the event such set off or recoupment does not fully reimburse Us for the amount owed, You shall immediately pay Us such amount
You agree to pay for and reimburse Us for any charge, penalty or fine immediately upon the settlement of any fine or charge paid by Us on Your behalf to Dubai Immigration, EIDAM or any other relevant authority. We may, without limiting Our other rights and remedies, withhold Your passport and suspend any of the AXS Online Services until such amounts are fully paid.
Any payment or refund made to You by Us as a result of AXS Online Services becoming unavailable or restricted to You, as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, will be subject to a handling fee, as We may otherwise determine from time to time.
Third Party Sites
AXS Website may contain links to other websites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, we will make clear such links are being made, although Third Party Sites may be co-branded with us and so include our trademarks. We are not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. In particular, if you use links from the Sites to an authorised connected site which is not operated by us to download software or any other materiel, file, image or data from the Third Party Site, you acknowledge and agree that we have no responsibility or liability in connection with it.
Advertising and Sponsorship
Part of the AXS Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that materiel submitted for inclusion on it complies with applicable laws. We are not responsible to you for any error or inaccuracy in their advertising materiel.
Changes to these Terms of Use
We may make changes to AXS Website or these Terms of Use. You are advised to review these Terms of Use regularly to ensure that You are aware of any changes We make. By continuing to use the AXS Website and AXS Online Services, You are agreeing now to be bound by future changes.
Limitation of Liability
The Content is for Your general information and use only and is not intended to address Your particular requirements. While we aim to update AXS Website regularly, any of the Content may be out of date and we assume no responsibility for updating it. In particular, the Content does not constitute any form of advice, recommendation or arrangement to You by Us and is not intended to be relied upon by you in making (or not making) any particular decision.
We have no liability to You because of:
Any reliance you placed on Content;
Any arrangement made between You and any third party named on AXS Website, which is made at your sole risk and responsibility.
Because of the number of sources from which we obtain Content and the nature of electronic distribution via the internet, We do not give any warranties in respect of AXS Website or AXS Online Services. In particular, the AXS Online Services are provided on an "as is" basis. We disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, We do not warrant that AXS Online Services are free from infection by viruses or anything else that has contaminating or destructive properties.
You agree that Our liability with respect to any single AXS Online Service arising under or in connection with these Terms of Use shall not exceed the Fee.
To the fullest extent allowed by applicable law, You agree that We will not be liable to You and/or any third party for any consequential or incidental damages, including loss of business, income or revenue, lost profits or contracts, loss of data, privacy or goodwill, failure to meet any duty including but not limited to any duty of good faith or any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of AXS Website or AXS Online Services or any breach of these Terms of Use by Us, even if We have been advised of the possibility of such damages.
Limitation of Liability
You will defend Us against any claim, demand, suit or proceeding made or brought against Us by a third party alleging that Your Data, or Your use of any AXS Online Service or Content in breach of these Terms of Use, infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a “Claim Against Us”), and will indemnify Us from any damages, attorney fees and costs finally awarded against Us as a result of, or for any amounts paid by Us under a court-approved settlement of, a Claim Against Us, provided We (a) promptly give You written notice of the Claim Against Us, (b) give You sole control of the defense and settlement of the Claim Against Us (except that You may not settle any Claim Against Us unless it unconditionally releases Us of all liability), and (c) give You all reasonable assistance, at Your expense.
Third Party Copyright
Some of the Content used on AXS Website (such as, but not limited to, images and/or audio-visual materiel) may be the copyrighted works of third party suppliers, who reserve all their rights in such Content. These third parties shall be entitled to the benefit of these Terms of Use in respect of their Content as if they were "We" and shall be bound accordingly.
Privacy
The personal information that You provide to us will only be used by Us in accordance with Our Privacy Policy, which can be accessed via the link on the AXS Website. Our Privacy Policy does not apply to Third Party Websites.
Proprietary Rights And Licenses
Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of Our/their right, title and interest in and to the AXS Online Services and Content, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
We grant to You a worldwide, limited-term license, under Our applicable intellectual property rights and licenses, to use Content purchased by You pursuant to the Service Requests, subject to those Service Requests and these Terms of Use.
You grant Us a worldwide, limited- term license to host, copy, transmit and display Your Data, as necessary for Us to provide AXS Online Services in accordance with these Terms of Use. Subject to the limited licenses granted herein, We acquire no right, title or interest from You or Your licensors in or to Your Data
General
You may not assign, sub-licence or otherwise transfer any of the rights under these Terms of Use. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in full force and effect. Failure by either Us or You to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy. Headings in these Terms of Use are for convenience only and have no legal effect.
You will not use for Your own purposes, will not disclose to any third party, and will retain in strictest confidence all information relating to AXS Online Services and Content. You will safeguard such information and data by using the same degree of care and discretion that it uses to protect Your own confidential information. You will not be obligated to maintain the confidentiality of information: (a) it is required to reveal in performing Your obligations under these Terms of Use, (b) that is or becomes within the public domain, (c) was in Your possession prior to its disclosure under these Terms of Use, and it can prove that, or (d) is required to be disclosed by state or federal law, provided, however, that You shall promptly inform Us of the operation of this exception to enable Us to defend nondisclosure of Our confidential information.
Choice of Law and Jurisdiction
These Terms of Use are governed by, and construed in accordance with, the laws of the United Arab Emirates applicable in Dubai and you irrevocably agree that the courts of Dubai have exclusive jurisdiction to settle any dispute either of us has with the other.
