TERMS & CONDITIONS

Timefixer FZCO (the “Company”, “Us” or “We”) is a limited liability company registered in Dubai, United Arab Emirates. We are the owner of the website timefixer.com (the “Domain”) and of the Timefixer App (the “App”).

These Terms and Conditions (“Terms”) apply to all users of the Domain/App, as defined below:

• “User” means any person (natural or juridical) that accesses and/or browses Domain/App, with or creating an account or availing services from Timefixer;
• “Member” means any person (natural or juridical) that creates an account on the Domain/ App, accessible with a username and password, in view of availing services from Timefixer.

Before using or accessing our Domain/App, please ensure you carefully read these Terms. By using or accessing our Domain/App or by availing any services from us, you acknowledge and agree to these Terms, and you commit to comply with them. You are expected to check our Terms periodically to stay informed of any changes we make to these Terms, as they are binding on you. Certain provisions of these Terms may also be supplemented or replaced by additional terms or notices. Any amendment to these Terms can be operated unilaterally by us and they become binding for any User or Member immediately at publication on the Domain/App.

Services

The Domain/App are designed solely and exclusively to provide and facilitate provision of the below services (collectively referred to as “Services”):

• Inserting, monitoring, reporting time spent on a specific task by a Member;
• Generating interactive reports of the time tracked, subject to the permissions set by the User;
• Avail any other feature made available on the Domain/App, according to the Access purchased by the Member.

Access

Access to our Domain/App is provided solely for the purpose of delivering the Services as outlined in these Terms. All access, payments, and monitoring of the Domain/App are carried out in compliance with the legal provisions in force in UAE. While we strive to ensure uninterrupted access to the Domain/App by constantly monitoring its activity, we do not guarantee its functionality at all times, and we shall not be held liable for any reason or period of unavailability.

You are responsible for making the necessary arrangements to access the Domain/App including the payment of any applicable subscription fee (“Subscription Fee”). You are also responsible for ensuring that anyone who accesses our Domain/App through your internet connection or through your username and password (if you are a Member) is aware of these Terms and complies with them.

You agree not to damage, interfere with or disrupt access to Domain/App, nor to take any action that could interrupt or impair its functionality.

Although we aim to ensure the accuracy of information published on the Domain/App, we disclaim liability for its accuracy or timeliness, and we reserve the right to update or change the information at any time without prior notice. You acknowledge that the information on the Domain/App should not be solely relied upon and agree to take appropriate steps to verify its accuracy before acting upon it.

Monitoring

We reserve the right to monitor and track your usage of the Domain/App, according to our Privacy and Cookies Policy, which can be found here and constitutes an integral part of these terms and conditions.

Intellectual property

We are the owner and/or the licensee of all the intellectual property rights associated with the Domain/App, including but not limited to copyrights, trademarks, design rights, database rights and confidential information (the “Intellectual Property”). Any use of our Intellectual Property without prior written consent is strictly prohibited and our rights remain exclusively reserved thereto.

By using our Domain/App or becoming a Member, you confirm that any publication or use of trademarks, designs, or other intellectual property that you upload through your personal account is done with the appropriate and sufficient consent of their respective owners. You bear sole responsibility for ensuring such consent is obtained. We assume no liability, of any nature whatsoever, for the data and information that you upload on the Domain/App.

License

Certain data can be extracted and/or downloaded by you from the Domain/App or extracted from the Domain/App as part of your subscription. These are subject to the below terms:

• no documents or related graphics on the Domain/App are modified in any way;
• no graphics on the Domain/App are used separately from the accompanying text;
• our copyright and trademark notices, along with this permission notice, appears in all downloaded or printed copies; and
• such use complies with the terms of your subscription and in particular is downloaded or exported for as long as your subscription is valid or during the validity period of your subscription.

For the purposes of these Terms, any use of extracts from the Domain/App beyond the scope and purpose of this license is prohibited. If you breach any of these Terms, your permission to use the Domain/App will automatically terminate and you must immediately destroy any downloaded or printed extracts from the App. We reserve the right to deactivate your access to the Domain/App in such cases, with a forfeiture of the subscription fees paid to date.

Unless expressly authorized by this license, you may not reproduce, store, or distribute any part of the Domain/App in any other web application, nor include it in any public or private electronic retrieval system or service without our prior written consent. All rights not explicitly granted in these terms are reserved. You also agree not to modify, adapt, or create derivative works based on any content within the Domain/App.

Disclaimer

While we endeavor to ensure that the information on the Domain/App is correct, we do not warrant the accuracy and completeness of the material on the Domain/App. We may make changes to the material on the Domain/App, at any time. We will bring them to your attention and in all cases, it is your sole responsibility to check the terms and conditions of use, which are always displayed or available in the Domain/App. In certain instances, it may happen that the material on the Domain/App may be out of date, and we make no commitment to update such material.

User data and your responsibility

All personal data of Users and Members collected via the Domain/App is encrypted and used according to our Privacy Policy. Our Privacy Policy is part of these Terms.

You are solely responsible for any material, information or content that you enter and publish within the Domain/App, including, but not limited to, text, images, graphics, email messages, data and service information, including contact information, company descriptions, logos, trademarks, service marks, product and/or service descriptions, and financial profile, whether intended for public distribution on the Domain/App or not (collectively, “User Information”).

In specific circumstances and with your explicit consent, we may create or enable creation of a Member profile for your company, using the data that you provide to us in writing. You retain the right to access, use, change passwords or delete this profile at any time. Upon your explicit request, we may also delete such data, subject to the request not conflicting with our compliance requirements or internal retention policies.

Although we do not actively monitor, edit and manage Member information as posted on the Domain/App, we reserve the right, at our sole discretion and without prior notice, to review this information to ensure compliance with the laws, our policies and these Terms. When we find that the information provided is contrary to the above, we may take appropriate measures, including suspending your account or, in the most extreme cases, reporting the activity to relevant authorities.

We reserve the right to undertake a moderation procedure on the information you upload as a Member. This process typically does not include verifying your ownership of uploaded materials or their intellectual property rights. However, if the system administrator determines that the content violates these Terms, it may be blocked.

• You agree not to engage in illegal, misleading, or fraudulent use of the Domain/App. Specifically, you must not: provide contact information (e.g. email address, webApp URL, phone number, etc.) outside the appropriate fields in the contact information section during registration or on future use, and only use legit information and data;
• link to, profile, post or otherwise post any content that is illegal, false, threatening, offensive, harmful, violent, defamatory, pornographic, obscene or indecent;
• post or otherwise publish any content or information that infringes the Intellectual Property, including but not limited to copyrights, patents, trademarks, intellectual rights or privacy rights of Timefixer or our partners or our clients, without their prior consent;
• post or otherwise make public information and/or make offers that relate to counterfeit, stolen or fraudulent products and/or services;
• post or otherwise make public any information not related to the Domain/App and its services;
• disguise the origin of any information provided as part of the service;
• impersonate any person or entity (including our employees) or misrepresent its affiliation with any person or entity;
• post or transmit on or through the Domain/App any information that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the service or any computer software or hardware;
• post or otherwise make public any confidential information about other users or third party without their consent;
• collect, store or retransmit personal or proprietary information of other users submitted through the Domain/App;
• restrict or prevent any other User from accessing or using the Domain/App;
• intentionally use the Domain/App in contravention of any applicable laws or in order to circumvent the requirements of the applicable laws and regulations, trade practices, business practices, unfair competition and false advertising;
• post or otherwise publish content and information which are contrary to the provisions of international law, UAE laws, the norms of morality, as well as common sense;
• post or otherwise publish content and information or do anything in relation to the Service that creates the risk of liability of the App, adversely affects or may adversely affect business and/or business reputation and/or the Domain and/or the App.

If you violate the terms and conditions set forth in these Terms by publishing User Information that is misleading, untrue, offends or may cause any damage to anyone as a result of its use by another user of the App, such user, in addition to canceling the account records, bears all risks associated with the use of such User Information by third parties.

Implied terms

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by law, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

Our liability

The material on the Domain/App is provided “as is”, without any conditions, warranties or other terms of any kind.

We, along with any other party (whether or not involved in the creation, production, maintenance or delivery of the Domain/App), and any of our officers, directors, employees exclude all liability and responsibility for any loss or damage of any kind incurred by you or any third party, including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption.

This limitation of liability applies regardless of whether the loss or damage arises in tort (including without limitation negligence, contract or otherwise) and includes losses or damage connected with the use, inability to use or results of using the Domain/App, any linked apps or materials on such apps, including but not limited to losses or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Domain/App or your downloading of any material from the Domain/App or any linked apps or websites.

Data confidentiality

During your usage of the Domain/App as a Member, we receive and may collect data. Personal Data is subject to our Privacy Policy. Other types of data may include operational data on the tasks a Member is undertaking on the Domain/App while availing our services, references to various colleagues or clients of the Member, business partners and affiliates of the Member etc. Such data is not considered Personal Data and we do not process such data. Our commitment is to maintain such data confidential. The storage of all our data is described in our Privacy Policy and is binding to us and to you. Whereas we implement storage, data protection and management measures internally and contingency measures in response to potential data breaches, please note that such breaches are not completely avoidable and in case you suspect that the security or confidentiality of your data is compromised by using the Domain/App, you agree to notify us without delay.

Subscriptions, payments and refund

In order to have access the services we offer through the Domain/App, the Member will need to purchase subscriptions. The prices for such purchases are advertised within the Domain/App and we reserve the right to amend these prices from time to time. Any such changes in the pricing become immediately applicable for all new subscriptions and for all old subscription that are subject to renewal. Our renewal cycle occurs monthly or yearly, according to the election made by the Member in that sense.

All payments for subscriptions are processed through an external payment gateway. The member acknowledges and agrees that the external payment gateway has its own terms of use, which are not in our control and for which we assume no liability. We do not have access to any financial data provided by the Member (such as credit card information, bank account balances etc.), either during or after such payments.

For all purchased subscription we agree to process refunds upon request. Such request shall be mandatorily made via the special features built in in the Domain/App or sent to us via email. Our refunds are subject to the below terms:

• For monthly subscriptions, you may opt not to renew the subscription at the end of a monthly cycle and in such case, you cease to become a Member and your subscription is terminated. If, however, a request for refund is done within a billing cycle of one month, we shall refund only the subscription for the pending and unused days in the calendar month in which the request is made. We will not process refunds for monthly cycles or days that are already completed because it is understood that during such time, the Member has availed our Services and these need to be therefore paid.
• For yearly subscriptions, you may opt not to renew the subscription at the end of a yearly cycle and in such case, you cease to become a Member and your subscription is terminated. If, however, a request for refund is done within a billing cycle of one calendar year, we shall refund only the subscription for the pending and unused days or months in the calendar year in which the request is made. We will not process refunds for months or days that are already completed because it is understood that during such time, the Member has availed our Services and these need to be therefore paid.

Please allow at least 5 business days from the date of receipt of your inquiry for processing. Refunds may take 1-2 billing cycles to reflect on your credit card statement, depending on the policies of your bank. We generally sent email notifications once a refund has been processed at our end. Please note that all refunds are processed via a third party gateway and we do not have access to your financial data in any way. If any fee is chargeable by the payment gateway in order to process such refund, it will be deducted and retained from the amounts we place into the gateway as refund monies.

You are responsible for paying any taxes, assessments, charges, fees, and levies that may be imposed by governmental authority in relation to your subscription to the Domain/App, including any interest, fines, or penalties. If we are legally required to pay or collect taxes for which you are responsible, the appropriate amount will be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the relevant taxing authority.

Jurisdiction and applicable law

The law applicable to these Terms is the Law of England and Wales (“Applicable Law”).

Any dispute arising in connection with the interpretation, existence, validity or termination of this Agreement shall be settled amicably between the Parties, failing which, the Parties agree that such dispute shall be referred to and finally resolved by arbitration administered by the International Chamber of Commerce ICC, in accordance with the Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be London. The Tribunal shall consist of three (3) arbitrators, out of which 2 (two) are appointed by the parties, each party having the right to appoint one arbitrator. The so appointed arbitrators shall elect a chairman. The language of the arbitration shall be English. The Tribunal is authorized to deal with fees and costs of arbitration, including legal representation costs.

Questions and notifications

For any questions and/or notifications under these Terms, please contact us by email at [email protected].