Terms and Conditions
These terms and conditions ("Terms", "Agreement") is an agreement between GoSymo E-marketing & Digital Solution FZ LLE ("GoSymo E-marketing & Digital Solution FZ LLE", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the gosymo.com website and/or mobile application and any of its products or services (collectively, "Website", "Services" or "Mobile Application").
>Accounts and Membership
If you create an account on the Website and the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material ("Content") that you submit on the Website and the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website and Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website and the Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
>Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
>Accuracy of information
Occasionally there may be information on the Website and Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website and the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website and the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website and the Mobile Application should be taken to indicate that all information on the Website and the Mobile Application or on any related Service has been modified or updated.
We offer a Service uptime guarantee of 99% of the available time per month. The service uptime guarantee does not apply to service interruptions caused by (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
We perform regular backups of the Website and the Mobile Application Content and will do our best to ensure completeness and accuracy of these backups. In the event of hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
>Links to other Websites and Apps
Although this Website and Mobile Application may be linked to other Websites and Applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked Website & Application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their Websites & Applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any Website and Mobile Application which you access through a link from this Website & Application. Your linking to any other off-site Websites & Applications is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website, Application and its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website & Application, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website & Application, other Websites & Applications, or the Internet. We reserve the right to terminate your use of the Service or any related Website & Application for violating any of the prohibited uses.
>Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by GoSymo E-marketing & Digital Solution FZ LLE or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with GoSymo E-marketing & Digital Solution FZ LLE. All trademarks, service marks, graphics and logos used in connection with our Website, Application or Services, are trademarks or registered trademarks of GoSymo E-marketing & Digital Solution FZ LLE or GoSymo E-marketing & Digital Solution FZ LLE licensors. Other trademarks, service marks, graphics and logos used in connection with our Website, Application and Services may be the trademarks of other third-parties. Your use of our Website, Mobile Application and Services, grants you no right or license to reproduce or otherwise use any GoSymo E-marketing & Digital Solution FZ LLE or third-party trademarks.
>Limitation of liability
To the fullest extent permitted by applicable law, in no event will GoSymo E-marketing & Digital Solution FZ LLE, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if GoSymo E-marketing & Digital Solution FZ LLE has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of GoSymo E-marketing & Digital Solution FZ LLE and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to GoSymo E-marketing & Digital Solution FZ LLE for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold GoSymo E-marketing & Digital Solution FZ LLE and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website/Application and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Al-Fujairah, the United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Al-Fujairah, United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
>Changes And Amendments
We reserve the right to modify this Agreement or its policies relating to the Website/ Application and Services at any time, effective upon posting of an updated version of this Agreement on the Website & the Mobile Application When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and the Application after any such changes shall constitute your consent to such changes.
>Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website/ Application and its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website/ Application and its Services.
If you have any questions about this Agreement, please contact us at [email protected]