These terms and conditions (“Terms”) set forth the general terms and conditions of your use of the services offered by FinFlx Workplace Solutions Ltd, duly registered in Dubai International Financial Centre having registration number 6141 and having registered address as Unit 2, Level 7, Gate Village Building 10, Dubai International Financial Centre, Dubai, United Arab Emirates (“FWS”, “we”, “us” or “our”) on its web platform (“Website”).
FWS offers a gratuity management tool in the form of software with the aim to reduce the burden of compliance functionality related to gratuity management. The management tool offers the interface with an umbrella of services including but not limited to employee record management, automated gratuity calculations, monthly gratuity instalments, and the integration of a human resource management system (“FWS Services”).
These Terms are legally binding between you, the corporate client (“User”, “you” or “your”) and FWS. By accessing and using the Website and FWS Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are visiting and/or accessing the Website and utilizing the FWS Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “User”, “you” or “your” shall refer to such corporate entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not access and use the Website and FWS Services. You acknowledge that these Terms form a contract between you and FWS, even though it is electronic and is not physically signed by you, it governs your use of the Website and FWS Services.
We endeavour to ensure availability of the Website and the FWS Services three hundred and sixty-five (365) days a year but we will not be liable for lack of availability. Access may be suspended due to but not limited to circumstances such as site maintenance, server transfer, site error, or reasons outside our control.
NOTE: You agree and acknowledge that by accessing the Website and utilizing the services rendered by FinFlx Investment Management Ltd (“FIML”) as provided in Annex I of these Terms (“FIML Services”), you would be required to be bound by the terms of Client Onboarding Agreement (“Agreement”) (which will be provided to you upon registration for FIML Services on the Website) in addition to these Terms. The Agreement specifies FIML Services and any fees associated therewith. Further, you agree and acknowledge that you would be required to avail FWS Services for utilizing the FIML Services. If you have any queries about the Agreement, the fees associated with the services rendered, or these Terms, you can contact us by any of the means set out in paragraph (under Contacting Us) of these Terms. If you do not agree with these Terms, you should stop using the Website immediately.
Conflict between the Agreement and Terms
In the event of any conflict between the terms of the Agreement and these Terms while availing any of the FIML Services as provided under Annex I to these Terms, the terms, conditions, and provisions of the Agreement shall control and take precedence.
Accounts and membership
- You have attained the age of majority under the applicable laws to access and use the Website and FWS Services. By using the Website and FWS Services and by agreeing to these Terms you warrant and represent that you are not a minor under the applicable laws. If you create an account on the Website, 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. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the FWS Services.
- You agree and acknowledge that you will be required to pay a membership fee for availing of the FWS Services, calculated on the basis of the number of active employees registered with FWS. The membership fee is required to be paid by you in accordance with the FWS pricelist.
- 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 will, acting in our sole discretion warn you when we identify that you have provided us with false information about yourself in relation to the use of the account without justification or reason. We may further suspend, disable or terminate your account (or any part thereof) and access to the FWS Services if you have been identified by our compliance department as providing false information for a second time. Upon such a second instance of you providing us with false information without justification or reason, we will file a suspicious activity report with the Financial Intelligence Unit of the United Arab Emirates.
- We may further block your email address and Internet protocol address to prevent further registration.
- If the Website requires you to create a password to utilise the FWS Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party.
You grant us permission to process, access, copy, distribute, store, transmit, reformat, and display the Content of your User account solely as required for the purpose of providing the FWS Services to you.
Accuracy of information
Occasionally there may be information on the Website 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 the information if any information on the Website or FWS Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or FWS Services has been modified or updated.
Third party services/ linked resources
If you decide to enable, access, or use third-party services through the Website, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services and third-party website, and we do not endorse, are not responsible, or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against us with respect to such other services.
We do not have any influence or control over any such third-party websites and services provided by any third-party service provider and, unless otherwise stated, are not responsible for and do not endorse any third-party websites or their availability or contents. We are not responsible for examining or evaluating the services and policies of any linked resource website, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other third-party services, or your reliance on the privacy practices, data security processes or other policies of such other third-party services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting us to disclose your data as necessary to facilitate the use or enablement of such other service.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. In the event of a hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
In addition to other terms as set forth in these Terms, you are prohibited from using the Website and FWS Services: (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 submit false or misleading information; (f) 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 Website and FWS Services, third party products and services, or the Internet; or (g) to interfere with or circumvent the security features of the Website and FWS Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and FWS Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off, rights to inventions, rights to use, 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, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist in the future in any part of the world.
These Terms do not transfer to you any intellectual property owned by us or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with FWS or its licensors. All trademarks, service marks, graphics, and logos used in connection with the Website and FWS Services are the intellectual property of FWS or its licensors.
We make no proprietary claim to any third-party names, trademarks, or service marks used on the Website. Your use of the Website and FWS Services grants you no right or license to reproduce or otherwise use any of FWS or third-party trademarks. You may not use the Intellectual Property Rights of the FWS without the prior written consent of FWS.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and FWS Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that the FWS Services will meet your requirements, or that the FWS Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the FWS Services or as to the accuracy or reliability of any information obtained through the FWS Services or that defects in the FWS Services will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Website or FWS Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the FWS Services or any transactions entered into through the FWS Services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the FWS Services shall create any warranty.
Limitation of liability
The website is provided on an “as is” basis. To the fullest extent permitted by applicable law, in no event will FWS, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of 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 the liable party has been advised as to the possibility of such damages or could have foreseen such damages. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Website; or any damage or injury to users or their equipment as a result of or relating to their use of the Website.
To the maximum extent permitted by applicable law, the aggregate liability of FWS and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be equal to the amount paid by you to FWS for the FWS Services in the month 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.
User agrees and acknowledges that User is not relying on the FWS services for legal advice or tax advice. User expressly acknowledges and agrees that FWS is only providing technology management solutions to the User.
We shall not be liable for the non-provision of FWS Services in force majeure circumstances. Force majeure circumstances are unforeseen and unavoidable events or a combination of events of an extraordinary nature, beyond the control of the parties, arising after the conclusion of the contract as, but not limited to war, sabotage, uprisings, revolution, riot, strikes, riots, explosion, fire, natural disasters (floods, earthquakes, thunder, storm etc.), embargoes, government bans and/or restrictive measures arising from by decisions of an administrative act, failure as a result of a hardware and/or software problem of the cloud service provider and others, insofar as these events hinder the fulfilment of the FWS obligations under these Terms.
You agree to indemnify and hold FWS and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless 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 your use of the Website and FWS Services or any willful misconduct on your part.
All rights and restrictions contained in these Terms 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 these Terms illegal, invalid, or unenforceable. If any provision or portion of any provision of these Terms 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 these Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of Dubai International Financial Centre, United Arab Emirates.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Dubai International Financial Centre, United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts.
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.
Acceptance of these Terms
You acknowledge that you have read and agree to all these Terms. By accessing and using the Website and FWS Services you agree to be bound by these Terms.
FWS has the right to modify the Terms and may do so by posting notice of such modifications on this page. Any modification is effective immediately upon posting. Your continued use of the Website following the posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the Terms.
If you would like to contact us to understand more about the Terms or the Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected].
This document was last updated in 19th December, 2022