iGiGX
TERMS & CONDITIONS

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Scope of application

PLEASE READ THIS USER AGREEMENT(S) AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE "TERMS OF SERVICE" CAREFULLY AS THEY CONTAIN PERTINENT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING AGREEMENT AND WAIVERS.

This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) iGiGX DMCC (“iGiGX,” “we,” or “us”) a company registered in Dubai Multi Commodities Center (hereinafter to be referred as “DMCC”), with commercial Trade License registration number DMCC-829229 whose registered office is at Office No.1803, 18th Floor, Jumeriah Business Center 4 Cluster-N, Jumeriah Lake Towers, Dubai, UAE, under the establishment name of iGiGX DMCC (hereinafter referred to as “iGiGX”) and its affiliates. You must read, agree, and accept all of the terms and conditions contained in this Agreement to be a User of our website www.igigx.io .

This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Site Terms and Conditions; Cookie Policy; Privacy Policy; and specifically the service Agreement you may enter into for the project.

Subject to the conditions set forth herein, iGiGX may, in its sole discretion, amend this Agreement and any of the other agreements by making a revision on the Site. In case of any substantial change iGiGX will provide reasonable notice, by posting the updated Terms on the Site or providing notice on the Site. If the Change includes an increase to Fees charged by iGiGX, iGiGX will also provide advance notice of the change, but may not provide any notice for changes resulting in a reduction in Fees either temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).

YOU ACKNOWLEDGE THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.

IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE.

  1. Definitions

    1. “Client” means any authorized User utilizing the Site or Site Services.
    2. “Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, regardless of whether the information is in tangible, non-tangible electronic, verbal, graphic, visual, or in any other form. Confidential Information does not information that:
      1. is generally known by third parties as a result of no act or omission of Freelancer or Client;
      2. was lawfully received by User without restriction from a third party with the right to disseminate the information;
      3. was already known by User prior to receiving it from the other party, and;
      4. was not received from a third party in breach of that third party’s obligations of confidentiality;
      5. was independently received by User without use of another person’s Confidential Information.
    3. Fixed-Price Contract” means a Service Contract for which fee is charged to the freelancer, for the completion of all Freelancer Services contracted by Client for such Service Contract.
    4. Freelancer” means any authorized User utilizing the Site or Site Services, to advertise or provide Freelancer Services to Clients, including Freelancer Accounts that are Agency Accounts or, if applicable. A Freelancer is a customer of iGiGX with respect to use of the Site.
    5. Freelancer Fees” means:
      1. for a Service Contract, the amount reflected in the Invoice as agreed among the parties.
      2. for a Fixed-Price Contract, the fixed fee agreed between a Client and a Freelancer; and
      3. any bonus(s) or other payment(s)s made by a Client to a Freelancer.
    6. Freelancer Services” means all services performed for or delivered to Clients by Freelancers.
    7. Service Contract” means a Contract governing freelancer services to be performed by a freelancer for client for a project.
    8. Service Invoice” means the invoice for a stated period by a Freelancer for Services performed for a Client on a project.
      The term “including” as used herein means including without limitation.
    9. “Intellectual Property Rights” means all, copyright rights, trademark, patent rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence under the laws of any country, territory or any other applicable jurisdiction.
    10. “Payment Method” means a valid credit card issued by a bank acceptable to iGiGX, a bank account linked to your Account, a debit card, or such other method of payment as iGiGX may accept from time to time in its sole discretion.
    11. “Project” means an engagement for Services that a Freelancer provides to a Client under a Service Contract.
    12. “Staffing Employee” means a Freelancer registered with iGiGX, accepted for employment and assigned by the Staffing Provider to provide Services to Client(s).
    13. “Substantial Change” means a change to the terms of Service that reduces your rights or increases your responsibilities.
    14. “User Content” means any comments, remarks, data, feedback, content, or other content or information that is posted or provided to iGiGX, including such content or information that is posted as a result of questions.
  2. iGiGX account

    1. Account Registration And Acceptance

      By registering for an account to use the Site or Site Services, by using the Site or Site Services after the Effective Date, or else if you already had an Account as on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service as amended or modified from time to time. To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to Terms of Use, certain portions of the Site are available to Visitors, including those portions before your Account registration is accepted. iGiGX reserves the right to decline a registration or to add an Account of any type (i.e., as a Client or Freelancer), for any lawful reason.

    2. Account Types

      Each User shall register for an account which must be a personal account linked directly to that User. If the User is a Agency, the User Account must be linked directly to that Agency. iGiGX may, at its absolute discretion, refuse to register any User, whether person or agency.

      All Users are bound to provide accurate and complete information and keep such account information updated at all times. iGiGX will not be held responsible for any error and/or breach occurring due to Users’ failure to update their account information. If the User has in any way misrepresented itself and/or any information provided on the Site, then iGiGX is fully authorized to suspend any account related to that User, in addition to taking any other measures against the User as it deems fit, including banning the User from using the Site.

      If a User is found to have registered more than one accounts iGiGX retains the right to suspend all accounts related to that User and take any other measures against that User that it deems fit, which may include banning the User from using the Site or any of the iGiGX Services. Users are solely responsible for any / all activities that occurs on their account. Users may never use another User’s account or registration information for the Site. As described in this Section, there are a number of different Account types as follow:

      1. Client Account:

        Companies, Institutions and Corporate entities can register for an Account or add an Account type to use the Site as a Client (a “Client Account”). Each User under a Client Account can be given different permissions to act on behalf of the Client Account.

      2. Freelancer Account:

        Freelancers can register for an Account or add an Account type to use the Site and Site Services as a Freelancer (a “Freelancer Account ”).

      3. Agency Account:

        Agency Account is a special type of Freelancer Account the owner of which is referred to as an “Agency”

    3. Account Creation And Permissions:

      iGiGX shall not be held liable for any account creation wherein the Account holder request or allow another person to create an Account on his behalf, for the use of account, or for his benefit, except that an authorized employee or agent may create an Account on behalf of his business. By granting others permissions under your Account, including, you represent and warrant that:

      1. the User is authorized to act on your behalf; and
      2. you are fully responsible and liable for all / any User’s acts and omissions
    4. Account Verification:

      iGiGX can verify your account from time to time subject to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on iGiGX. You authorize iGiGX, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, identity, location, email verification or any other document at iGiGX discretion. iGiGX has power to suspend your account and the same can be restored successfully subject to complete verification.

    5. Username & Account:

      Each person who uses iGiGX must register for their own Account. When an Account is registered, you have to choose a username and password for your Account. You are solely and entirely responsible for your username and password safeguard and confidentiality. You agrees not to share your username or password, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account.

  3. Purpose Of iGiGX:

    1. Relationship with iGiGX:

      iGiGX through the site and site services introduce Freelancers to Clients, select Projects for Freelancers, or select Freelancers for Clients as well as also enable Freelancers and Clients to find and transact directly with each other. Freelancers may be notified of Clients that may be seeking the services, and vice versa, however, If Users decide to enter into a Service Contract, the Service Contract is directly between the iGiGX and Freelancer or Client.

      The freelancers also acknowledge, agree, and understand they are solely responsible for determining, and have the sole right to determine, which Projects to accept in accordance with the service contract. The freelancer further acknowledges, agree, and understand that:

      1. He is neither an employee of iGiGX nor eligible for any of the rights or benefits of employment (Insurance, Workmen Compensation etc);
      2. Freelancer is free to determine when and if to perform Freelancer Services and that too in compliance with the Service Contract, including the days worked and time periods of work;
      3. Freelancer will be paid at such times and amounts as agreed with a Client in a given Service Contract;
      4. iGiGX will not provide Freelancers with training whatsoever related to any Service Contract;
      5. iGiGX will not provide the premises at which Freelancers will perform the work;
      6. unless otherwise agreed with their Client, Freelancers cannot use subcontractors or employees to perform Freelancer Services under the service contract.

      Without limiting the foregoing paragraph, the Agency or Agency Member expressly acknowledge, agree, and understand that:

      1. the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency.
      2. iGiGX shall not a party to any agreement between the Agency and its Agency Members and does not have any liability to any such agreement;
      3. neither Agencies nor Agency Members are employees or agents of iGiGX;
      4. iGiGX does not, in any way, supervise or control the Agency or Agency Members;
      5. iGiGX does not provide Agencies or Agency Members with training of any nature whatsoever needed for any Service Contract;
      6. iGiGX does not provide the premises at which the Agency or Agency Members will perform the work; and
      7. unless otherwise agreed with their Client, Agency cannot use subcontractors or employees to perform Services under the service contract.
    2. Tax Obligation:

      You hereby acknowledge and agree that by signing this Agreement you shall be liable and obligated for all the Taxes whether direct or indirect as applicable to you under the applicable laws.

  4. Contractual Relationship Between iGiGX, Client And Freelancer.

    1. Firstly, if a Client and Freelancer decide to work for each other they can either enter into a Service Contract directly with each other and in pursuance of entering the service agreement by using iGiGX site or site services, iGiGX will charge both the parties the certain agreed amount for using the iGiGX site or site services and therein iGiGX shall not be responsible or liable for any payment or work under the service contract among the parties.

    2. Secondly both the freelancer and Client can use the subscription services of the iGiGX site and site services portal and the iGiGX can help and assist the freelancer finding a client as to expertise’s and qualifications and in the same manner helps a client finding a Freelancer as to their nature of work whereby iGiGX can be a party to a service contract between the freelancer and the client only for the purpose of coordinates between the client and the freelancer and that too in consideration of charges as agreed among all the parties at the time of entering the service contract and iGiGX shall not be held liable for any conduct of the freelancer or client and even in case of any liability iGiGX shall not be held liable for an amount exceeding USD 1000.

    3. Thirdly, the client can use the premium subscription of the iGiGX site or site services and can directly hire the freelancer on their own wherein iGiGX shall not be liable or responsible for payment under this kind of service contracts.

    4. Dispute Among Users:

      For disputes arising between Clients and Freelancers as to delay in the delivery of work by freelancer, disputes related to delay in payment by the client, dispute related to quality of the work, both the parties must give notice in that regard to iGiGX within thirty (30) starting from the day that dispute arises and iGiGX shall decide and amicably resolve and settle the dispute among the parties within sixty (60) days from the date of receiving the notice from either party to the dispute, until then iGiGX has full authorization to hold all the funds under the project till: (i) both parties to the dispute confirms iGiGX in writing that they have reached an amicable agreement, in which case iGiGX shall honor what has been agreed between the parties ; or (ii) Either one of the parties to dispute provide to iGiGX, a final judgement, order and/or award from the Dubai International Financial Center (DIFC) / Dubai International Arbitration Center (DIAC) only, determining and deciding the dispute between the parties, in which case iGiGX shall release the funds in accordance with the orders issued by the Execution court.

    5. Confidentiality Information:

      All parties to the Service Contract may agree to any terms they deem appropriate with respect to confidentiality, in addition to those set forth in the Service Contract Terms. The recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information and the receiver shall be bound on discloser’s written request, to promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

  5. iGiGX Fee:

    1. Fee For Freelancers

      Freelancers will pay iGiGX a service fee for the use of the site or site Services that includes communications, invoicing, reporting, payment services and dispute resolution is any. The Service Fees for the use of iGiGX site are paid solely by Freelancer.

    2. Client Fee

      Clients pay iGiGX a fee for payment processing and administration related to use to site or site services or pay the certain agreed fees if they use the Site solely for Direct Contracts with the freelancer, whereby the client pays to Freelancers they engage through the Site. Clients can also choose to pay for a premium membership plan to access additional features and Site Services offered.

    3. Fee For Introducing And For Finding Projects

      iGiGX does introduce Clients to Freelancers and help Freelancers secure Projects by coordination with the clients and in the same manner introduces Client to freelancer as to their needs whenever required. Therefore, iGiGX does charge a fee when a Freelancer finds a suitable Client or finds a Project or else a client finds the suitable freelancer for their work.

    4. Vat & Other Corporate Taxes

      That in compliance to the applicable laws and regulations iGiGX will be required to collect taxes or levies including, without limitation, withholding VAT, and other corporates taxes or taxes of any nature in his jurisdiction. In such instances, any amounts iGiGX is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to iGiGX under the Terms of Service.

  6. Payment:

    1. Retention Of Funds By iGiGX:

      1. Whenever there is a Service contract between iGiGX, Client and the freelancer, the Client shall deposit in advance of the Project commencement, 50% of the Project Budget with iGiGX (the “Client Deposit”).

      2. The parties hereby confirm their agreement that iGiGX shall hold the monies deposited on account pending the release of the monies to the Freelance in accordance with the remaining terms hereof.

      3. iGiGX fee for providing use of the Site is 00% (inclusive of VAT) of the Client’s listed Project Budget in the Project Brief (the “iGiGX Fees”). All parties agree to the direct deduction of the iGiGX Fees from the total agreed Project Budget upon receipt as agreed.

      4. The parties confirm their understanding that they will not receive any interest or earnings on the funds handled by iGiGX. Nothing in these terms and conditions grants iGiGX any ownership rights on the principal funds maintained with iGiGX with exception of the iGiGX Fees.

      5. The parties hereby grant iGiGX the absolute right to hold, dispense and /or release the funds as it deems fit and shall jointly and severally reimburse and indemnify iGiGX for, and hold iGiGX harmless against, any loss, liability or expense, including but not limited to legal fees and costs, howsoever incurred, arising out of or in connection with the performance of iGiGX duties in holding, dispensing and/or releasing of such funds.

    2. Delivery Of Work By Freelancer:

      1. The Freelancer shall not begin the agreed work on the Project until receiving confirmation from iGiGX that the Client Deposit has been received from the Client and that the Project has now been initiated.

      2. All work must be performed by the Freelancer in accordance with the service Agreement. Freelancer must deliver all the work through the platform as approved by the iGiGX.

      3. The Freelancer must strictly follow the rules as intimated by the client. Should the Freelancer fail to observe these rules strictly, then iGiGX will not be held responsible if the Client withholds or refuses to settle the outstanding balance payment.

    3. Receipt Of Work By Client:

      1. To complete the project and receive the final work from the Freelancer, the Client must go to the release full final Installment as agreed in the service contract.

    4. Release Of Funds To Freelancer:

      Upon receipt of final confirmation from the Client that it is satisfied with the freelancer work, iGiGX shall release the fee to the Freelancer less the iGiGX Fees.

    5. Variation Of Works:

      Client may add milestones for any additional works, provided that such new milestones are pre-agreed with the Freelancer and recorded through as Addendum to the Service contract. The Client must notify iGiGX of the additional or varied scope of work and the subsequent revised fee, if applicable. The Freelancer must also ensure that it does not initiate the additional or varied scope of work until the Freelancer receives confirmation from iGiGX that it has approved the additional or varied scope of work and that any additional funds have been added to the Project Budget as agreed between the Users.

      The additional agreed funds shall be added to the Project Budget and added as Final payment under the service contract. iGiGX shall subsequently revise its fees accordingly and deduct the difference from the final Installment as well.

  7. Non-Payment

    If Client is in “default”, meaning the Client fails to pay the fees under the service contract or any other amounts then iGiGX will be entitled to all the remedies that may be available under applicable laws or in such written agreement. For the avoidance of doubt, Client will be deemed to be in default on the following: (a) Client fails to pay the Fees when due; (b) Client fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days after accrual of the charge; (c) Client fails to pay an invoice issued to the Client by iGiGX within the time period agreed or, if no period is agreed, within 30 days; or (d) Client takes other actions or fails to take any action that results in a negative or past-due balance on the Client’s account. If Client is in default, iGiGX may, without notice, temporarily or permanently close Client’s Account and revoke Client’s access to the Site and Site Services, including Client’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Services through the Site.

    iGiGX does not guarantee that Client is able to pay or will pay fees and iGiGX is not liable for Freelancer Fees if Client is in default. Freelancer may take the appropriate course of action under the applicable laws

  8. Cancellations, Chargeback And Refunds:

    Client acknowledges and agrees that iGiGX or its Affiliates will charge or debit Client’s designated Payment Method for the Freelancer Fees incurred as described in the service contract or any other agreement and the Fee charges or debits the Client’s designated Payment Method for the Freelancer Fees, the charge or debit is non-refundable, except as otherwise required by applicable laws. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for resolving disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any fee under the contract. A chargeback in breach of the foregoing obligation is a material breach of the service contract. If Client initiates a chargeback in violation of this Agreement, Client agrees that iGiGX or its Affiliatesmay dispute or appeal the chargeback and institute collection action against Client and take such other action it deems appropriate.

  9. Payment Methods:

    In order to use certain Site Services, Client must provide account information for at least one valid Payment Method. Client hereby authorizes iGiGX, to store credit card and banking or other financial details as Client’s method of payment consistent with our privacy policy, and to charge Client’s credit card (or any other Payment Method) for the Fees under the service contract and any other amounts owed. To the extent permitted by applicable laws and subject to our Privacy Policy, and further acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

    By providing Payment Method information through the Site and authorizing payments with the Payment Method, Client represents, warrants, and covenants that:

    1. Client is legally authorized to provide such information;
    2. Client is legally authorized to make payments using the Payment Method(s);
    3. if Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company to make payments on iGiGX; and
    4. such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law.

      When Client authorizes a payment using a Payment Method via the Site, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means. iGiGX is not liable to any User if iGiGX does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method.

    5. U.S. Dollars And Foreign Currency Conversion:

      The Site and the Site Services operate in U.S. Dollars. If a User's Payment Method is in a currency other than that the same requires currency conversion to make or receive payments in U.S. Dollars, the Site may display foreign currency conversion rates that iGiGX currently make available to convert supported foreign currencies to U.S. Dollars. These currency conversion rates adjust regularly based on market conditions.

  10. Access To The Site

    1. By using iGiGX Site or site services, you acknowledge that have reached the age of majority and and able to form legally binding contracts as to the applicable laws and regulations you are subjected to. By continuing to use the Site and site services for further agrees to these Terms and Conditions as may be amended from time to time declaring that iGiGX can rely on your age representation.
    2. Clients and Freelancers must be legal holder of a valid email address, as Users are only able to create an account with iGiGX by using their email accounts.
    3. We reserve the right to prevent you from using the Site if you have not complied with these Terms and Conditions in accordance with clause 12(a).
    4. iGiGX do not guarantee the continuous, uninterrupted, or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site itself becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that iGiGX will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site. We may automatically upgrade the Site, change, expand and/or seek to improve the Site. We may at any time cease to continue operating part or all or selectively disable certain aspects of the Site.
  11. Prohibited Conduct And Restrictions On The Use Of The Site

    1. A User may retrieve and display content from the Site on a computer screen, print and copy individual pages, and, subject to clause 11.b (vi) store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site.
    2. While using the Site, Users will not attempt to or otherwise do any of the following:

      1. Post content or items in inappropriate categories or areas on the Site;
      2. Infringe any laws, third party rights or iGiGX policies;
      3. Fail to adhere to any payment terms for services provided;
      4. Circumvent or manipulate iGiGX’s fee structure, the billing process, or any fees owed to iGiGX;
      5. Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information) on the Site;
      6. Store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
      7. Seek to damage iGiGX’s name or reputation or that of any of iGiGX’s affiliates in way.
      8. The Users undertake that they shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Project on or through the iGiGX Services, including without limitation any user content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.
  12. Disciplinary Measures

    1. iGiGX reserves the right to restrict User’s access, temporarily or indefinitely block User’s account, and halt any Project without any reason whatsoever if:

      1. User breaches iGiGX Terms and Conditions or its policies. All rights granted to Users under these Terms and Conditions will terminate immediately in the event that a User is in breach any terms.
      2. iGiGX is unable to verify or authenticate any information provided by the User;
      3. iGiGX believes that the User’s actions may cause any loss or liability to other Users or to iGiGX.
      4. A User under-bids on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid iGiGX fees;
      5. iGiGX determines that the User has infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights; iGiGX determines that the User has engaged, or is engaging, in fraudulent, or illegal activities;
      6. User does not respond to account verification requests; If a User breaches iGiGX Terms and Conditions or its policies, iGiGX may take legal action against User to recover losses or damages which the iGiGX might suffer due to user’s breach.
  13. Access Through Devices

    If the user accesses the Site on a mobile device, the user have agree to be bound by any additional terms issued by iGiGX from time to time in order to use the Site on that device.

    iGiGX does not warrant that the Site will be compatible or interoperable with your device or any other hardware, software or equipment installed on or used in connection with your device.

    You acknowledge and understand that when using the Site from your phone it may require and utilise phone service or data access and you shall be responsible for any such charges that may apply.

  14. Security And Privacy

    You acknowledge that certain information provided by you to iGiGX for using the site or site services may be stored on your device. It is your liability and obligation to maintain the security of your device from unauthorized access. Use by the Site of any personal information about you is subject to the iGiGX Privacy Policy and Cookies Policy of which you agree to be bound which form an integral part of these Terms and Conditions.

    Users must immediately notify iGiGX upon becoming aware of any unauthorized access or any other security breach to User’s account or the iGiGX Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities).

  15. Electronic Communications

    When you use the Site or send e-mails to us, you are communicating with us electronically and therein consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

  16. Security And Privacy

    1. All “Intellectual Property” Rights, which includes rights such as copyright and rights in trade marks) in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by iGiGX.
    2. When Users provide iGiGX with any content, the User hereby grants iGiGX a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity, and database rights that the User has over the content, in any media known now or in the future.
  17. Content On The Site

    We cannot and do not guarantee that any content on the Site will be free from viruses and/or other code that may have contaminating or destructive elements to your device. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

    iGiGX attempts to be as accurate as possible. However, information associated with the Site may be provided by third parties for which iGiGX relies on to be accurate. Accordingly, iGiGX does not warrant that the Site, project descriptions, and other content on the Site are complete, accurate, non-misleading, reliable, current or error-free.

    iGiGX provide a service whereby Users may market project and service details (the “Details”) together with other content hosted and developed by us. Users are responsible for preparing the Details and fielding enquiries directly from other Users.

    Details are hosted by us in good faith. You acknowledge that iGiGX does not monitor, verify, or approve the Details and that you are responsible for acting in good faith towards other parties.

  18. Communication With Other Users

    Communication with other Users on iGiGX must be conducted through iGiGX site or site services. Users must not post or disclose personal information, email address or any other contact information.

    All terms agreed to between Users must be confirmed in writing as part of service contract.

    iGiGX may read all correspondence posted to the website and download or access, and test (if necessary), all uploaded files, programs and websites related to Users’ use of the Site for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

  19. Disclaimer

    The Site is provided without warranty and is provided on an “as is, as available basis”. iGiGX hereby disclaim all warranties of any kind, express or implied, arising by statute, custom, course of dealing or trade usage, with respect to the Site or the services provided thereunder.

    Notwithstanding the generality of the foregoing, iGiGX specifically disclaims the following with respect to the Site: implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of any service from a third party; the accuracy, timeliness, security, and performance of the Site; or freedom from any errors or viruses.

    The Site may contain links to third party products, services and/or websites that are not affiliated with iGiGX. We are not responsible for the content of these websites or applications or for anything provided by any third party.

    iGiGX may display advertisements or promotions on the website. Users acknowledge and agree that iGiGX shall not be responsible for any loss or damage of any kind incurred by the User because of the presence of such advertisements or promotions or any subsequent dealings with third parties.

    To every extent permitted by law, iGiGX specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, quality, suitability, and non-infringement.

    iGiGX cannot and does not confirm each User’s purported identity on the Site. All information provided by iGiGX is information that is based solely on data that a User submits and iGiGX provides such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement, or recommendation by iGiGX.

  20. General Representation And Warranty

    You represent and warrant that your use of the Site will be in strict accordance with the Privacy Policy, with these Terms and Conditions (as may be amended from time to time), written agreements if any and with all applicable laws and regulations.

  21. Limitation Of Liability

    In no event shall iGiGX, its related entities, affiliates or staff be liable for:

    1. any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage) incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
    2. the cost of procurement or substitute products or services; or
    3. for interruption of use or loss or corruption of data.

    iGiGX shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  22. Indemnification

    The User agrees to indemnify, defend and hold harmless iGiGX, its shareholders and their respective directors, officers and employees, agents, subsidiaries and partners from and against any and all claims, actions, demands, damages, losses and expenses, including attorneys’ fees, out of your use or misuse of the Site, your violation of these Terms and Conditions, your violation of any third party’s proprietary rights or any disputes between you and one or more users connected to or otherwise arising from the Site in any way.

  23. Survival And Release

    1. These Terms and Conditions supersede any other agreement between Users and iGiGX. If any part of these Terms and Conditions are found to be unenforceable, such part will be limited to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. iGiGX’s failure to enforce any part of these Terms and Conditions is not a waiver of any of iGiGX’s rights to later enforce that or any other part of these Terms and Conditions. iGiGX may assign any of its rights and obligations under these Terms and Conditions from time to time.
    2. If there is a dispute between Users on this Site, or between Users and any third party, the User agrees that iGiGX is under no obligation to become involved. In the event that User has a dispute with one or more other Users, the User hereby releases iGiGX, its officers, employees, affiliates, partners, agents, and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or iGiGX’s services.
  24. Survival And Release

    1. User may close its account at any time subject to:

      1. not having any outstanding Project listings on the Site or Request for Quotations;
      2. esolving any outstanding matters (such as a suspension or restriction on User’s account); and
      3. Settling any outstanding fees or any other amounts owing on the account.
    2. iGiGX may retain some of the User’s personal information to satisfy regulatory requirements and iGiGX’s own external obligations. Closing User’s account does not necessarily delete or remove all of the information that iGiGX holds.
  25. Miscellaneous

    A User may not assign any part of these Terms and Conditions without the prior written consent of iGiGX. No failure or delay by any party in exercising any right under these Terms and Conditions shall operate as a waiver of such right nor shall any single or partial exercise of any right preclude the exercise of any other right. Each User acknowledges and agrees that the relationship between Client and Freelancer is that of an independent contractor. Nothing in these Terms and Conditions and / or in the Project Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between iGiGX and any User.

  26. Governing Laws & Disputes

    These Terms and Conditions, privacy policy, cookie policy along with any other written agreements will be governed by and interpreted in accordance with the laws of the Emirates. In the event of a dispute arising between the parties in connection with these Terms and Conditions, privacy policy, cookie policy as mentioned in Clause 4(d) or any other written agreements the Court of DIFC / DIAC shall have exclusive jurisdiction.

  27. Notices

    Legal notices may be served by iGiGX to a User to the email address provides by the User to iGiGX during the account opening process. Notice will be deemed given 24 hours after email is sent. Any notices served to iGiGX must be sent through registered post.

  28. Severability

    The provisions of these Terms and Conditions are severable, and if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.

  29. No Waiver

    iGiGX’s failure to act with respect to an anticipated or actual breach by User or others does not waive its right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

  30. Contact Us

    If you have any questions about these Terms and Conditions, privacy policy, cookie policy or any other written agreement please contact us:

    iGiGX DMCC
    www.igigx.io
    Office No.1803, 18th Floor,
    Jumeriah Business Center 4 Cluster-N,
    Jumeriah Lake Towers, Dubai, UAE.
    info@igigx.io.
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