iBlinkX

Terms and Conditions

Welcome to iblinkx.com!

These terms and conditions outline the rules and regulations for the use of iBlinkX's Website, located at https://iblinkx.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use iblinkx.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of United Arab Emirates. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing iblinkx.com, you agreed to use cookies in agreement with the iBlinkX's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, iBlinkX and/or its licensors own the intellectual property rights for all material on iblinkx.com. All intellectual property rights are reserved. You may access this from iblinkx.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from iblinkx.com
Sell, rent or sub-license material from iblinkx.com
Reproduce, duplicate or copy material from iblinkx.com
Redistribute content from iblinkx.com

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. iBlinkX does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of iBlinkX,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, iBlinkX shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

iBlinkX reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant iBlinkX a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of iBlinkX; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to iBlinkX. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of iBlinkX's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Payments

Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE
Visa or MasterCard debit and credit cards in AED will be accepted for payment
The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency”.
We will not trade with or provide any services to OFAC and sanctioned countries
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
Cardholder must retain a copy of transaction records and https://www.iblinkx.com policies and rules
User is responsible for maintaining the confidentiality of his account

Payment Confirmation

Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt.

Refund Policy

Refunds will be done only through the Original Mode of Payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.

Cancellation Policy

Customer can cancel their requested services within 24 hours; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

iBlinkX Software Platform Terms and Conditions

These Terms & Conditions
- ml-4These Terms and Conditions (Terms) apply to your use of the IBlinkX Software Platform, and all associated services and add-ons including third party services (Services or iBlinkX Services) offered by IBlinkX Technologies Ltd, UAE (We or iBlinkX or Company).
- Please read the Terms carefully.
- The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. By accessing, using or continuing to use iBlinkX Services, you agree to be legally bound by these Terms.
- All rights not expressly granted to you in these Terms are reserved by the Company.
The Company’s rights to make changes
- From time to time, We may add, make changes to or remove altogether functionalities of iBlinkX Services or implement minor technical adjustments and improvements, for example, to address a security threat. These changes might affect your use of the Services. We may also decide to stop providing all or some of the Services at any time, and nothing in these Terms shall be taken as a guarantee that the Services will always be available, either in its current form or at all, or that We will support, maintain or continue to offer the Services.
- iBlinkX reserves the right to modify, update, or amend these Terms and Conditions at its sole discretion at any time. Any changes will be effective immediately. It is the client’s responsibility to review these Terms periodically (readily available upon request).
- Continued use of iBlinkX services constitutes acceptance of the revised Terms and Conditions.
Payment and Process
- Following receipt of our quotation (Quotation), you will have to formally approve the Quotation by accepting our Terms & Conditions when you first sign into your iBlinkX Portal, through use of a digital signature platform (such as DocuSign or any other similar tools) or a formal approval email. The email should contain a clear "approval" note from you in reply to our Quotation. We may also request your commercial registry number and your trade licence if applicable.
- Save for where clause 3.6 applies, Your Quotation will not be processed, and the Services will not be provided to you unless you have paid the full amount of the invoice in advance. The Services will be activated within a maximum of 30 days from receipt of Your payment. You will have the right to postpone the activation of the Service within these 30 days, (for example, Your site is not ready), such period is not subject to further extensions and we will automatically activate our billing system and will not make any exception in respect of our refund policy.
- To utilise any Payment Service You agree to enter Merchant Terms with IBlinkX for the provision of payment aggregation services (Payment Aggregation Services).
- You will process 90% of your total card transactions using the Payment Aggregation Services.
- Subject to Your compliance with Clauses 3.3, 3.4, 3.5 and 3.7, We agree that the amounts due as set out in the Quotation may be paid in instalments. We will issue monthly invoices which will be paid through equal daily deductions from the amounts collected on Your behalf by IBlinkX when providing the Payment Aggregation Services (Daily Deductions). If there are no card transactions processed by IBlinkX or the volume of card transactions are insufficient to make Daily Deductions, the balance due each day will be rolled over to the last Business Day of the calendar month (Balancing Payment). Within 5 Business Days of You receiving a statement reflecting a breakdown of the Balancing Payment from Us You will effect payment of the Balancing Payment in full. If you do not comply with Clauses 3.3, 3.4, 3.5 and 3.7 all amounts set out in the Quotation will become payable in full on demand.
Upfront Payment Requirement
- Advance Payment Obligation
  Unless otherwise stated in Clause 3.6, you are required to make full payment of the invoice amount in advance before the processing of your Quotation and activation of the Services.
- Payment Confirmation & Activation
  Upon receipt of full payment, we will proceed with the activation of the Services within a maximum of 30 days. If you choose to postpone activation within this period, the postponement will not extend beyond the initial 30-day timeframe, after which our billing system will be automatically activated, and no refunds will be issued.
- Instalment Payment Option
  If you meet the requirements set out in Clauses 3.3, 3.4, 3.5, and 3.7, we may allow payment in instalments, subject to daily deductions from transactions processed via the Payment Aggregation Services. Any outstanding balance will be settled through a Balancing Payment as outlined in the Payment and Process section.
- Failure to Comply
  If you fail to adhere to the terms governing instalment payments, all outstanding amounts in the Quotation will become immediately due and payable on demand.
Registration data; account Security
- If you register for the Services, you agree to:
  - – Provide and maintain accurate, current and complete information as may be prompted by any registration forms on the Services (Registration Data);
  - – Maintain the security of your passwords;
  - – Maintain and promptly update the Registration Data, and any other information you provide to the Company and to keep it accurate, current and complete;
  - – Accept all risks of unauthorised access to the Registration Data and any other information or data you provide to the Company. You are responsible for all activity on your account, and for charges incurred by your account.
Your responsibilities
- You should assign at least one staff member familiar with IT to be the person in charge of coordinating with the Company and to handle the implementation of the Services (IT Administrator).
- The IT Administrator shall have the authority to receive the supplies, if any necessary for the implementation of the Services.
- You will be responsible for and provide all requirements necessary for the implementation of the Services, including but not limited to, all civil, electrical, mechanical, and required cabling work and stable internet connections where applicable.
- You will be responsible for all activity that results from use of the Services through your account. You are responsible for maintaining the security of your account and password. iBlinkX will not be liable for any loss or damage that may result from any failure to keep your username and password secure.
- iBlinkX will not hold any liability for any theft, damage or loss of equipment and infrastructure under your charge and you will be solely responsible for protecting all equipment and infrastructure that is used to run iBlinkX Services.
Deployment & Professional Services Costs
- Deployment costs and field visits for professional services are separate and not included in the software licensing fees or any transaction-based charges. These services, if and when required, will be billed separately as per the rates outlined in the service agreement or a separate quotation provided by iBlinkX.
- You acknowledge that any additional hardware, infrastructure setup, or on-site assistance requested will be charged separately.
No Refund Policy
- Once a software license has been purchased, no refunds will be issued under any circumstances. This includes, but is not limited to, situations where the client decides to discontinue use, finds the service unsuitable, or encounters operational changes that impact their need for the software.
How to end the contract iBlinkX
- The Term of this agreement is monthly unless otherwise set out in the Quotation and as long as this agreement does not conflict with any of the clauses stipulated in Section 3. Your Subscription shall automatically be renewed and any cancellation request will have to be made 30 (thirty) calendar days prior to the renewal date (Cancellation Request) by either executing a Cancellation Request through your portal or by sending an email to support@iblinkx.com. If You do not send a Cancellation Request your Subscription will be automatically renewed for a period of 1 (one) month with the subscription charges being based on the then current pricing offered by us.
- If your account is cancelled (for any reason whatsoever):
  - – (a) your account will be deactivated or deleted;
  - – (b) all of your rights granted under these Terms will immediately be terminated;
  - – (c) all of your data and content may be deleted from our systems immediately.
  - – It is your responsibility to make sure that any of your content or data is saved and backed-up before cancellation.
  - – iBlinkX does not guarantee recovery of your data and iBlinkX is not responsible for any loss or damage following, or as a result of, the cancellation of your account.
The Company’s responsibilities
- As long as you are subscribed to the Services, iBlinkX will grant you access to your existing and available reports.
- You are aware that some reports may be modified or developed by us internally. In all cases, We are not responsible nor accountable for any claims related to compliance with Visa Payment Applications ("PABP") or Applications for Data Security Standard ("PA-DSS").
Our right to end your Services
- In case of any breach of these Terms, iBlinkX may cancel or deactivate your account at any time and at our sole discretion.
- iBlinkX may also end your Services at any time by emailing you or by providing alerts or notification to your iBlinkX portal if:
  - – you do not make any payment to iBlinkX when it is due;
  - – you do not provide iBlinkX with information that is necessary to be provided for the implementation of iBlinkX Services;
  - – the condition of your premises do not allow iBlinkX to deliver iBlinkX Services; or
  - – you do not allow iBlinkX to deliver the Services to you.
  - – iBlinkX may email you or alert you by showing you a notification on your Portal to let you know that iBlinkX is going to stop providing iBlinkX Services. iBlinkX will let you know at least 30 days in advance if iBlinkX decides to stop the supply of iBlinkX Services.
  - – your yearly license subscription has expired.
User content
- In these Terms, the data available through the Services, including all information, content, logos, marks, interfaces, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called IBlinkX Content. Content provided by end-users or Partners is called User Content. For example, data about a Partner's customer, its payments, menu, or operations or that an end-user provides to the iBlinkX is User Content of that end user. The Company's only right to that User Content is the limited licences to it granted in the Terms and as necessary to provide support to end-users or to ensure the security of the Services and technology.
- Your data and User Content is your responsibility. iBlinkX has no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. iBlinkX does not claim any ownership interest or rights in your User Content except as provided for under the Terms, but iBlinkX does have the right to use your User Content to the extent necessary to provide iBlinkX Services, now and in the future. Therefore, by posting or distributing User Content to or through iBlinkX Services, you:
  - – grant the Company and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content;
- represent and warrant that
  - – you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and
  - – the use and posting or other transmissions of such User Content does not violate the Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other users you also grant iBlinkX and its affiliates, subsidiaries and partners a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services in accordance with all applicable privacy laws and regulations.
- You grant iBlinkX a non-exclusive, royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by iBlinkX through your use of iBlinkX Services, provided that iBlinkX aggregates or anonymises that information or data before using it. Other than this right, iBlinkX claims no intellectual property rights in relation to the information or content you input into the Services.
- If you authorise third parties to access your User Content through iBlinkX Services, you agree that iBlinkX is permitted to provide to them the User Content, and also agree that iBlinkX has no responsibility or liability for their use of such User Content. Any such access shall be governed by any applicable end-user or API agreements or terms applicable to such third party and may be subject to fees charged by such third party.
- You may provide iBlinkX with comments, feedback or suggestions on the Services, and you agree that iBlinkX will be free to use, modify and incorporate such suggestions without any obligation to you.
iBlinkX intellectual property rights
- Other than the User Content, all content and all software available on iBlinkX Services or used to create and operate the Services, all intellectual property rights including patents, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world, are the property of the iBlinkX or its licensors. Any original work created for you through iBlinkX by its owner, subcontractors or employees is owned by iBlinkX. You agree not to challenge or do anything inconsistent with such ownership.
- iBlinkX grants you a limited, revocable, non- exclusive, non- sublicensable, non-transferable licence to access iBlinkX Services and to view, copy and print the portions of the IBlinkX Content available to you through the Services for the limited purpose of using the Services as contemplated by these Terms. You may not publish or use e-brand, branding or logos except with the prior written consent of iBlinkX.
- You may provide iBlinkX with comments, feedback or suggestions on the Services, and you agree that iBlinkX will be free to use, modify and incorporate such suggestions without any obligation to you.
No malicious or unlawful use
You must not:
- use the Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms
- infringe iBlinkX intellectual property rights or those of any third party in relation to your use of the Services;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
- use iBlinkX Services in a way that could damage, disable, overburden, impair or compromise iBlinkX systems or security or interfere with other users;
- collect or harvest any information or data from the Services or iBlinkx systems or attempt to decipher any transmissions to or from the servers running any Services;
- disclose or distribute information relating to User Content to any third party, or use any other User's information for any marketing purposes unless you have that user's express permission to do so; or
- access or register user logins via bots or other automated methods.
Privacy Policy
- By using iBlinkX Services you agree to the use, collection, and disclosure of personally identifiable information by iBlinkX to help improve iBlinkX Services.
- You agree that iBlinkX may collect, maintain and use non-personally identifiable data including User Content in an aggregated form for business purposes, including the improvement and enhancement of iBlinkX services and you grant iBlinkX an irrevocable, perpetual, non-exclusive right to use such data for such purposes.
Warranty disclaimer
- iBlinkX Services are provided on an "as is" and "as available" basis, and your use of iBlinkX Services is at your sole risk.
- You acknowledge that iBlinkX may use third party suppliers for hardware, software, connectivity, and all business requirements to provide you with iBlinkX Services. The acts and omissions of those third party suppliers may be outside of iBlinkX's control and you cannot hold iBlinkX liable for any loss or damage suffered as a result of any act or omission of any third party.
- On behalf of itself and such third party suppliers, IBlinkX excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
- iBlinkX does not warrant that:
  - – iBlinkX Services will meet your specific requirements;
  - – he Services will be uninterrupted, timely, secure, or error-free;
  - – the Services will be accurate or reliable;
  - – the quality of any products, services, information, or other material purchased or obtained by you through iBlinX will meet your expectations; or
  - – any errors in the Services will be corrected.
Limitation of liability
- You waive and shall not assert any claims or allegations of any nature whatsoever against iBlinkX, its affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers, vendors or other partners, licensors, any of their successors or assignees, or any of their respective officers, directors, agents or employees arising out of or in any way relating to your use of iBlinkX Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any of the mentioned above parties (collectively, the Related Parties) has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of any third party products or the Services.
- Without limiting the foregoing, neither iBlinkX nor any other Related Parties shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of access to or use of data or loss of goodwill, whether in an action in contract, for negligence, or otherwise, arising out of or in any way connected with the use of or inability to use any or all iBlinkX Services, including without limitation any damages caused by or resulting from your reliance on iBlinkX Services or other information obtained from or accessible via the Company or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to iBlinkX or any other Related Parties records, programs or services.
- iBlinkX cannot be held liable, under any circumstances, in any case, and does not bear the responsibility or accountability for any claims related to compliance with Visa Payment Applications (PABP) or Applications for Data Security Standard (PA-DSS).
No Responsibility for Third-Party Material
- iBlinkX Services may contain links or references to third-party websites (Third-party Sites) and third-party content (Third-party Content) as a service to those interested in this information, including third-party suppliers, payment processors and other payment intermediaries that you may use in connection with your use of iBlinkX Services. You use links to Third-party Sites and any Third-party Content or service provided there, at your own risk.
- iBlinkX might have any relationship with a third-party through any kind of services and communications, included but not limited to partnerships entered between iBlinkX and its Partners, whereby the Company does not control, maintain or endorse Third-party Content. iBlinkX shall use the information you provided to Third-parties, for business inquiries. iBlinkX does not control, maintain or endorse any of the information provided by Third-parties. Therefore, you expressly acknowledge and agree that iBlinkX is in no way responsible or liable for any such Third-party information. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Defamation
- In case of any information disclosure from you, or in the act of defamation about iBlinkX, in any verbal or written communications, online or offline; all Agreements and Contracts between you and iBlinkX will be considered terminated, the services provided by iBlinkX will be terminated, and you will be liable to legal action for the harm caused by you to iBlinkX.
Governing Law
- These Terms shall be exclusively governed and construed in accordance with the laws of the United Arab Emirates.
Dispute Resolution
- Dispute, controversy, or claims arising out of or relating to these Terms, or the formation, breach, termination or invalidity thereof, shall be submitted and settled before the competent courts in the United Arab Emirates.
Claims expenses
- In the event of any claims arising from any party, the other party is obliged to bear all expenses and fees of lawsuits, law offices and so on.
Communication for Complaints and Feedback
- If you have any questions or complaints about iBlinkX Services, please contact iBlinkX by email through support@iBlinkX.com