Terms and Conditions for Use of this Application


Introduction

Terms and Conditions for Use of this Application These terms and conditions (“Terms”) read in conjunction with the Privacy Policy . By using the Application, you expressly (without any limitation or qualification) consent to the Terms which forms a valid and binding contract between us. Please DO NOT USE the Application if you do not agree to the Terms.

The term “you” “your” (or a similar reference) refers to you as the user of the Application and the term “us” “our” “we” refers to the owner of the Application being [MPACT TECHNOLOGY FZE] (domiciled in the United Arab Emirates) and its managing entities, subsidiaries and associated entities.
These Terms are deemed to apply to anyone viewing this Application and not only those that are registered to use the services within the Application. Content of the Application


Content of this Application

The Application is a technology platform that allows users to browse, place orders, may be also earn and gain loyalty rewards and contribute towards products supplied (“Services”) by registered merchants (“Merchants”) via the Application. The Application does not deal with, or provide any services or products to any OFAC (Office of Foreign Assets Control) sanctions countries in accordance with laws of the United Arab Emirates. The Services are accessible through the Application. We do not guarantee the quality or accuracy of any content on the Application. We do not provide (or intend to provide) the Services ourselves and neither do we recommend any of the Services. We have no responsibility or liability in connection with any Services that are provided to, or sought to be provided to users by any of the Merchants.


Access and License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to:
(i) access and use the Application solely in connection with your use of the Services; and
(ii)access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted in these Terms are reserved by us.
You may register for the Services through the Application. You need to complete the registration for Services on the Application by providing basic information. Please ensure this information is accurate and true. If in future your registration information changes, please use the option available to amend your details. You will also have the option to amend the details on your user account on the Application through your personal account page. Upon successful completion of registration, you will be provided with a username and password and it is your responsibility not to share this information with anyone and to ensure your user name and password is kept secret. Registration is restricted to one registration per user and is not transferable to any third party. We retain complete rights at any time and without reason, advance notice, limitation or liability, to terminate or restrict your access to the Application or not accept or decline registration of a user account and/or to not accept or decline requests for Services. In the event you lose details to your username and password to the Application please notify us immediately. Upon registration you accept to receive emails from us for the receipt of information, advertisement, confirmation and registration on the Application and relevant to the Services.

Referrals

You may be requested to refer friends to us in which case you will be asked to provide their email address or phone number. We will send messages/emails to each of your referred friends and you will be responsible to inform your referred friends accordingly by disclosing your friends details you confirm that you do so with their consent.
Privacy Policy

Application Materials

All information contained in this Application including photographs and descriptions of Services (“Application Materials”) are by way of illustration purposes only and are subject to change. By using this Application you waive any claim against us for any inaccuracy in the Application Materials.

Use of Application

You may only use the Application to genuinely read about the Services, contact us or for legitimate transactions like placing orders. You may not use the Application to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law. You may not use the Application for any purpose that is unlawful or is prohibited by these Terms.

Your Representations and Warranties

When you use this Application, you make the following representations and warranties to us:

  1. We are not a producer, supplier or reseller of the Services;
  2. Any contract for supply of Services is strictly between you and the Merchants;
  3. We do not make any guarantees or representations about the quality, timeliness, safety or delivery of the Services and you agree that we are relieved and indemnified from any issues or claims between you and the Merchants or anything related to the Services;
  4. The Services depend on the respective Merchants in their entirety and in all respects;
  5. The accuracy of the orders you place via the Application depend on you.

Services

It is your responsibility to ensure you are certain and understand all aspects of any Services. Once Services are accessed and ordered through the Application, cancellations are not permitted unless otherwise agreed by us and the Merchant.

Each of the Services are subject to further terms and conditions and we advise that you carefully read the specific terms or conditions of each Service prior to completing your order. You will be bound by these Terms and the specific terms of the Services, and if there is any inconsistency between the specific terms of the Services and these Terms, the specific terms of the Services will prevail.

The Application acts only as a conduit for you to acquire Services from Merchants provided that all Services advertised on the Application are subject to the specific terms and conditions attached with each of the respective Services. Accordingly, we have no liability whatsoever for any Services and you expressly agree and acknowledge that your sole and exclusive rights and remedies with respect to any Services advertised on the Application are against the respective Merchant and not against us. Taking into account the above mentioned exclusion of liability, in case any liability is established by a UAE Court in a matter against us, you expressly acknowledge and agree that the maximum limit for

  1. You are of 18 years and older, are legally allowed to view the Application and transact via the Application (if and as required).;
  2. You are aware that Services via the Application can currently be accessed only in the United Arab Emirates;
  3. You have provided valid, true and accurate information at the time of registration on the Application;
  4. The Application and any content on and from the Application will be used for your own personal use only in accordance with the Terms;
  5. The security of your username and password on the Application shall be your sole responsibility and you will immediately notify us if you lose access to your user account.
  6. In accessing the Application you will not seek to interrupt, interfere or act in any manner whatsoever that may be contrary to the Terms or the laws of the United Arab Emirates;
  7. You will not gain any benefit from commercializing the Services;
  8. It is your responsibility to ensure you are certain and understand all aspects of any Services prior to placing any order. Once an order is placed through the Application, any cancellations shall be in accordance with the Cancellation Policy in these Terms. An order is complete once you accept and pay for it, irrespective of whether or not you subsequently use the Services; and Any downloads from the Application will be in accordance with the Terms.

You further acknowledge and agree:

Any liability claim shall not in any event exceed the amount contributed by you to us in respect of the specific Service to which any liability relates.
Payments made via the Application will be accepted using Visa and MasterCard credit/debit card in AED (United Arab Emirate Dirhams) or any other agreed currencies and in such case your credit/debit card will be immediately charged when orders are placed. All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to third parties. If you order Services on the Application, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must ideally retain a copy of the transaction records, details of orders and Merchant policies and rules. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement. Please refer to our Privacy Policy for more information.

If you request delivery of the Services or products from the Merchants, you may or may not have to pay additional charges. Please carefully review the terms of your order.

Cancellation

If cancellation occurs within 2 minutes of booking, the bill amount will be refunded back to your NoQ account. An order may only be cancelled by the Merchant or by us in which case you will be notified electronically and the amount paid by you may be applied towards your next order through the Application. Please contact support@noq4you.com if you have not received credit into your account after a cancellation is approved.

Promotions

We may offer promotions or vouchers to registered users free of charge or through a specific value proposition and such promotions or vouchers cannot be transferred, exchanged or redeemed for cash or used beyond their end date and will come with their own specific and separate terms which you should read carefully. You are solely responsible for keep the vouchers you obtain, safe and secure and for using these vouchers, responsibly. We are not obligated to honor any vouchers that we believe are tampered with or that do not comply with this provision or the applicable terms.

Refunds

As a general rule, all contributed amounts are non-refundable. If any issue arises with your order such that you feel you are entitled to a refund or exchange, then we will endeavour to assist you in this respect with discussions with the relevant Merchant. To the extent any refund is approved, we reserve the right to provide this as a credit against your future orders. This credit will always be provided less any credit card or debit card or administrative and finance charges that we have had to incur during your order. Refunds will always be done only through the original mode of payment.

Orders

Once an order is placed, the confirmation will be sent to you electronically to your email address subject to the terms of the specific Services. You hereby accept and agree that the relevant Merchant is responsible for honouring the Services ordered by you. We make no warranty or representation about the standard of quality of Services sold by the Merchant. All promotional material that may be used on the Application with respect to Services are provided by the Merchant and you agree that we have no liability or responsibility in respect of such material. If you are not satisfied with any Services, then we welcome feedback through an email to support@noq4you.com so that we may take this into account for future Services offered by the relevant Merchant.

With respect to credit card and debit card transactions, please note it is your responsibility to check with your bank first prior to placing an order that they do not levy any additional service, loyalty or convenience charges and fees for use of such cards. We will not be held responsible or liable for any excess charges made by banks to your credit or debit card.

External Links

The Application may include advertisements with external links on separate web pages (“External Sites”). Once you click or access these External Sites, you will leave the Application. We do not investigate, review, endorse, represent or control the content of any of External Sites, unless otherwise expressly stated in the Terms. We will not be responsible or held accountable for the content displayed on External Sites and you will access these External Sites at your sole risk. You also agree not to link any other Application or External Sites to the Application without our express prior written consent and approval. External Sites may send their own cookies to you or otherwise collect data or solicit personal information and you are responsible for checking the External Sites to locate and review its terms and conditions and Privacy Policy and you hereby acknowledge that you access, browse, link and/or bookmark the External Sites at your own risk. Some of the advertisements you see on the Application may be selected and delivered by third parties, such as ad networks, advertising agencies, advertisers and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember we do not have access to, or control over, the information that these third parties may collect. The information practices of these third parties are not covered in these Terms nor in our Privacy Policy .

Submissions on the Application

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know- how, techniques, comments or suggestions. Any information, reference, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Application shall be deemed and always remain our sole and exclusive property. We will be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you.

Intellectual Property

The entire content of the Application including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, logos, text, arrangements and layouts are our sole and exclusive property or are licensed to us and all rights are reserved. All trade marks and trade names including [NoQ, NoQ4you, Noq4dxb, NoQ4UAE, NoQAD] and all other derivatives thereof including the trade marks appearing on the Application are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights in this Application without our prior written consent.

Disclaimer

You are using the Application at your own risk. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the accuracy of the content on the Application and/or the quality or quantity of any goods, services or activities provided by any Merchant, and we assume no liability or responsibility for any errors or omissions in the content of the Application or in respect of any other issue with such goods, services or activities. We may make changes to the content or material in the Application without any prior notice. We are not under any commitment to update any content or material on the Application.

We reserve the right at all times to disclose any information that you may provide to us through the Application, to our legal representatives and advisors and any governmental or federal authority in the United Arab Emirates without any notice or prior consent requirement. We shall not be held responsible or accountable to you or any third party relying on you and in this respect you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you through using this Application and/or the goods, services or activities of any Merchants. We shall not be liable in respect of any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Application and/or any External Application. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Application. We do not provide any warranties, whether express or implied, to you through the use of the Application.

Survivability

If a court in the United Arab Emirates finds any part of the Terms (or part of it) unenforceable or invalid then such part shall be deemed deleted and the rest of the Terms shall continue to be in full force and effect to the fullest extent permissible by the applicable laws.

Amendment

We reserve the right to change any content on the Application including the Terms and Privacy Policy without any notice. The most recent version of the Terms and Privacy Policy will always be available at the link on the Application and that version available at the time of placing an order will apply to the order therefore you are encouraged to visit the Application and read these T&Cs prior to placing any order so you are updated accordingly.

Notices or Communication

Any notices or contact under the Terms or Privacy Policy may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at support@noq4you.com. We welcome all feedback and communication so please let us know how you enjoy the Application and whether we can make it a better experience for you.

Governing Law and Jurisdiction

The Terms apply to your use of the Application and are compliant with the applicable laws of the United Arab Emirates. By using the Application you expressly consent and agree to the governing law and jurisdiction of the United Arab Emirates over the terms of use and any dispute over the content of the Application shall be subject to the exclusive jurisdiction of a single arbitrator under the rules of the DIFC-LCIA with the seat in Dubai, United Arab Emirates irrespective of your geographical location.

Termination

We reserve the right to cancel or block access to this Application in respect of any user(s) or refuse Services at anytime without notice. We also reserve the right at anytime, and for any reason to terminate this agreement in respect of any user(s) upon written notice by email. You may terminate your agreement with us by sending us written notice or stopping your use of the Application. Effects of Termination

  1. Termination of the agreement made between us in these Terms does not affect either party’s accrued rights or liabilities.
  2. We may make a change to the Terms at any time without notice and You agree to be bound by such changes.
  3. The Terms are governed by the laws of United Arab Emirates.


Mpact Technology FZE
DTEC. Dubai Silicon Oasis.
Dubai
UAE