1.1 You agree to and to be legally bound by these terms and conditions (TERMS) by accessing any website or application (DIGITAL PLATFORM) operated by or on behalf of Matrix JVCo LTD trading as AIQ or its companies, subsidiaries and/or affiliates (collectively AIQ). If you do not agree with the TERMS, you must not use the DIGITAL PLATFORM. AIQ is a company established under the laws of Abu Dhabi Global Markets, United Arab Emirates and our registered office is at 3517, Level 35, Al Maqam Tower, Regus ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates.
1.2 To contact us, please use the CONTACT US section on our website.
1.3 These TERMS are to be read in conjunction with AIQ'S PRIVACY POLICY.
1.4 AIQ may revise these TERMS at any time by updating this posting. Use of a DIGITAL PLATFORM after such changes are posted will signify your acceptance of these revised TERMS. You should visit this page periodically to review the TERMS. We will indicate at the bottom of this page the date the TERMS was last revised.
2.1 Subject to the TERMS, you are hereby granted a limited, fully revocable, non-transferable and non-exclusive licence to access, view and use the DIGITAL PLATFORM for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the content for your personal, non-commercial use, provided that you maintain all copyright, trade-mark and other notices contained in such content. This limited license does not include any rights not specifically enumerated herein. No part of the DIGITAL PLATFORM may be copied, adapted, modified, distributed, transmitted, displayed, performed, reproduced or published without the prior written permission of AIQ. Your limited license to use the DIGITIAL PLATFORM and the Content is automatically revoked upon termination or expiration of the TERMS (whichever occurs first). You agree that you will not use the DIGITAL PLATFORM or any Content for any purpose that is unlawful.
2.2 The copyright and any other intellectual property (IP) rights in all software, the content, material (including but not limited to any and all website design, text, graphics, photos and selection and arrangement thereof) and all other documents contained in or on the DIGITAL PLATFORM belong to AIQ or third parties, all rights reserved. AIQ trade marks, logos and service marks (Marks) are identified on the DIGITAL PLATFORM.
2.3 Except as granted in the limited licence herein, any use of the content, including modification, transmission, presentation, distribution, republication, or other exploitation of the DIGITAL PLATFORM or of any content, whether in whole or in part, is prohibited without the express prior written consent of AIQ. Your use of the DIGITIAL PLATFORM and/or any Content does not grant or transfer to you any ownership or other rights in the DIGITIAL PLATFORM and/or any content, and except as expressly provided, nothing herein or within the DIGITIAL PLATFORM and/or any content shall be construed as conferring on you or any other person or entity any license under any AIQ or any third party IP or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved.
2.4 Except solely for your own personal and non-commercial use and provided you keep intact all and any copyright and proprietary notices,
3.1 Where the DIGITAL PLATFORM contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. AIQ makes no representations about the suitability of the information and services contained on the DIGITAL PLATFORM for any purpose.
3.2 We cannot accept any liability for any reliance placed by you on any statement or representation in any DIGITAL PLATFORM whether made by us or a third party.
4.1 The DIGITAL PLATFORM may include information and materials uploaded by other users of the DIGITAL PLATFORM, including to bulletin boards and chat rooms etc. This information and these materials have not been verified or approved by us. The views expressed by other users on or via our DIGITAL PLATFORM do not represent our views or values.
4.2 If you wish to complain about information and materials uploaded by other users please contact us via the CONTACT US section on our website.
5.1 AIQ shall use reasonable care and skill in carrying out the services contained in the DIGITAL PLATFORM and makes every reasonable effort to ensure that all information made available on the DIGITAL PLATFORM is accurate. However, AIQ provides the DIGITAL PLATFORM and its contents on an "as is" basis and does not represent or warrant that any such information is accurate or complete. AIQ disclaims responsibility for any information contained in any other site accessible through this site by hyperlink, and the inclusion of such links does not imply any endorsement by AIQ. The DIGITAL PLATFORM is provided for general information purposes only. Some information contained in the DIGITAL PLATFORM contains projections, predictions or look-forward statements relating to our future performance or the occurrence of future events. Please be aware that these statements are only predictions and the actuality of these statements may be materially different. As such you should place no reliance on these statements and you release us from any liability arising from your reliance on said statements or events.
5.2 Except in relation to liability which cannot be limited under UAE law, AIQ or any of its affiliates, employees, directors, consultants, representatives agents or licensors, will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to your use of the DIGITAL PLATFORM) for any actions by us or anyone who works for us or for damages of any kind arising from your use of the DIGITAL PLATFORM, reliance upon, or inability to use the DIGITAL PLATFORM and/or any content therein, regardless of the cause and whether arising in contract, tort or otherwise. The foregoing shall apply even if AIQ knew or ought to have known of the possibility of such damages. The liability of AIQ for any loss arising out of the use of the DIGITAL PLATFORM shall be limited to AED 100 for any one event or series of related events.
5.3 Save as aforesaid and to the extent permitted by UAE law, AIQ shall not be liable for (whether direct or indirect) any loss of profit, loss of opportunity, loss of business, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of any information and services on the DIGITAL PLATFORM or otherwise arising out of the use of the DIGITAL PLATFORM and all warranties, terms and conditions with regard to such information and services, whether express or implied arising under law or otherwise are hereby excluded. AIQ cannot be responsible for the security or privacy of the DIGITAL PLATFORM and any information provided to the DIGITAL PLATFORM by you.
5.4 You must bear the risk associated with the use of the DIGITAL PLATFORM. AIQ will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the DIGITAL PLATFORM.
5.5 You agree to indemnify and hold harmless and defend AIQ as well as its officers, directors and employees from any claim, demand, cause of action, debt, loss, liability and lawyers' fees to the extent such action relates to the TERMS.
6.1 Any content you upload to the DIGITAL PLATFORM will be considered non-confidential and non-proprietary. You grant us all of your ownership rights in your content, including (but not limited to) the right to use, store and copy that content, to publish it in a form we deem fit and to publish any personal details provided in conjunction with the content and to distribute and make it available to third parties at our discretion.
6.2 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their IP rights, or of their right to privacy or is in violation of the laws of the UAE.
6.3 We have the right to remove any contribution you make at our discretion. You are solely responsible for securing and backing up your content.
7.1 Misuse of the DIGITAL PLATFORM will be treated seriously and dealt with in accordance with UAE law. In particular, viewing, accessing, transmitting, posting, downloading or uploading any of the following materials, is likely to amount to a crime (this list is not exhaustive):
7.1.1 material which is discriminatory and/or offensive;
7.1.2 obscene, derogatory or criminal material or material which is liable to cause embarrassment to AIQ and any of its staff or its customers or suppliers or bring the reputation of AIQ and any of its staff or its customers or suppliers into disrepute;
7.1.3 any defamatory material about any person or organisation or material which includes statements which are untrue or of a deceptive nature;
7.1.4 any material which, by intent or otherwise, harasses, harms, degrades, dishonours, discredits or intimidates the recipient on the basis of (without limitation) religion, gender, race, ethnicity, age, or disability;
7.1.5 any other statement which is designed to cause annoyance, inconvenience or anxiety to anyone;
7.1.6 any material which violates the privacy of others or unfairly criticises or misrepresents others;
7.1.7 confidential information about AIQ and any of its staff, customers or suppliers;
7.1.8 any other statement which is likely to create any liability (whether criminal or civil);
7.1.9 material in breach of copyright and/or other IP rights or if it violates the privacy of others or criticises or misrepresents others;
7.1.10 online gambling or games of chance; or
7.1.11 unsolicited commercial or advertising material, chain letters or other junk materials of any kind.
7.2 You must not:
7.2.1 seek to gain access to restricted areas of any network;
7.2.2 attempt to compromise the integrity of the DIGITAL PLATFORM content or information without proper authorization;
7.2.3 perform actions that may deny others access to our DIGITAL PLATFORM, or may otherwise negatively affect DIGITAL PLATFORM’s availability;
7.2.4 access or try to access data which you know or ought to know is confidential;
7.2.5 intentionally or recklessly introduce any form of spyware, computer virus or other potentially malicious software; nor
7.2.6 carry out any electronic hacking activities.
7.3 For your information, breach of items 8.1 to 8.2 (inclusive) above, would not only contravene the TERMS but could in some circumstances also amount to a criminal offence under the laws of the UAE. If AIQ has evidence of examples of misuse of the DIGITAL PLAFORM it reserves the right to inform and cooperate with the relevant law enforcement authorities, or to carry out a more detailed investigation in accordance with its procedures.
8.1 The ways in which you can use the DIGITAL PLATFORM may also be controlled by third party rules and policies (e.g. Apple Inc. or Alphabet Corporation). Use of the DIGITAL PLATFORM may require a device with a sufficient amount of memory and a compatible operating system.
8.2 You may:
8.2.1 download or stream a copy of the AIQ application for personal or business purposes only; and
8.2.2 receive and use any free supplementary software code or update of the application incorporating "patches" and corrections of errors as we may provide to you.
8.3 You must be aged 18 or over to use the DIGITAL PLATFORM. By using the DIGITAL PLATFORM, you confirm that you are over the age of 18.
8.4 From time to time we may automatically update the DIGITAL PLATFORM to improve performance, enhance functionality, reflect changes to the operating system or address security issues. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the DIGITAL PLATFORM.
8.5 If you use the DIGITAL PLATFROM on any device or computer not owned by you, you must have the owner's permission to do so. You will be responsible for complying with the TERMS, whether or not you own the device or computer.
8.6 By using the DIGITAL PLATFORM, you agree to us collecting and using technical information about the devices you use the DIGITAL PLATFORM on and related software, hardware and peripherals to improve our products and to provide any services to you.
8.7 Certain services will make use of location data sent from your devices. If you use these services, you consent to us transmitting, collecting, retaining, maintaining, processing and using your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.
8.8 We may collect and use any personal data we collect from you whether given to us by you or collected from you, in any manner which we deem fit in accordance with the law. By agreeing to these terms and conditions you consent to the collection, use and storage of your personal information, please refer to AIQ's PRIVACY POLICY for further details.
9.9 The DIGITIAL PLATFORM may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by AIQ of the contents of such third-party websites. AIQ is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation: (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites; and (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. You also understand and agree that the AIQ Privacy Policy is applicable to AIQ and while you are using the Website and is not applicable to your use of third-party websites. Once you are linked to another website, you should read the privacy policy of that website before disclosing any Personal Information (as defined in the AIQ Privacy Policy).
9.1 We may end your rights to use the DIGITAL PLATFORM at any time in our discretion.
9.2 If we end your rights to use the DIGITAL PLATFORM:
9.2.1 you must stop all activities authorised by these terms, including your use of the DIGITAL PLATFORM. You must delete or remove the DIGITAL PLATFORM from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
9.2.2 we may implement measures to restrict or limit your ability to access or use the DIGITAL PLATFORM or any of its components.
10.1 We may transfer our rights and obligations under the TERMS to another organisation.
10.2 You may not transfer your rights or your obligations under the TERMS to another person if we agree in writing.
10.3 This agreement does not give rise to any rights to any third parties.
10.4 Each of the paragraphs of the TERMS operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the TERMS, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.6 If any term or provision of the TERMS is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
10.7 The headings used in the TERMS are included for convenience only and have no legal or contractual effect.
10.8 Except for any agreement in respect of content, this is the entire agreement between you and AIQ relating to your access and use of DIGITAL PLATFORM and the content herein.
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation or have a detrimental effect on the performance or functioning of the DIGITAL PLATFORM.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
11.4 We reserve the right to withdraw linking permission without notice.
11.5 If you wish to link to or make any use of content on our website other than that set out above, please contact us via the CONTACT US section on our website.
If you are a consumer or a business, please note that the TERMS, their subject matter and their formation, are governed by the laws of Abu Dhabi and the federal laws of the UAE. Courts of Abu Dhabi will have exclusive jurisdiction.