Terms of Use
Updated on : 23 Sept 2024
Introduction
Welcome to Digital Value Stream Platform ("the Platform"), operated by DVS Technologies L.L.C, a company registered in United Arab Emirates ("we," "us," "our", “DVS”). These Terms of Use ("Terms") govern your access to and use of the Platform, including all related services provided to Clients and Experts. By accessing or using the Platform, you agree to comply with and be bound by these Terms.
Definitions
Platform: The online service provided by Digital Value Stream where Clients can hire Fractional CXOs, referred to as Experts.
Client: Any person or entity registered on the Platform to hire Experts.
Expert: A Fractional CXO registered on the Platform to offer services to Clients. Proposal: An offer submitted by an Expert in response to a Client's posted requirement.
Contract: A legally binding agreement between a Client and an Expert formed upon approval of a Proposal.
Services: The professional services provided by Experts to Clients through the Platform.
Acceptance of Terms
• By registering, accessing, or using the Platform, you confirm that you accept these Terms and agree to comply with them. If you do not completely, fully and unconditionally accept, agree and comply to this Terms, you are not authorized to use or view any information contained in the Platform and you must not use the Platform.
User Eligibility and Registration
• To use the Platform, you must be at least 18 years of age and have the legal capacity to enter contracts under the laws of UAE.
• Users must complete the registration process, providing accurate and truthful information. Experts may be subject to additional vetting, including but not limited to verification of qualifications and professional background. DVS reserves the rights to approve or reject the registration of any User. • Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.
• The Platform reserves the right to suspend or terminate users accounts at its discretion, including but not limited to cases of fraud, misuse, or breach of these Terms.
Platform Services and Usage
• The Platform facilitates the engagement between Clients and Experts for the provision of services.
• The Platform acts solely as an intermediary to connect Clients and Experts. We are not a party to any Contracts formed between Clients and Experts and do not assume responsibility for the services provided.
• Except as otherwise agreed to between DVS and the User, any data, information, content, or other material you upload to the Platform or otherwise make available via the Platform shall not be considered your confidential or proprietary information, and DVS will be free to use, copy, modify, create derivative works of, store, and process such data, information, content, and material without restriction and to make the same available to any third party for any purpose as below in the following section.
• DVS provides the opportunity for its users, to upload certain information, such as resumes by Experts and job requirements by Clients, or related materials including images or documents onto the Platform. By uploading or submitting such information or materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to DVS, royalty-free, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, or create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed.
• You warrant you have the copyright of any articles, or any other materials, you post on the Platform. You further agree to defend and indemnify DVS for alleged violations of any copyright or other intellectual property claims arising out of your postings.
As a User, you acknowledge that the Platform contains valuable trade secrets of DVS. Accordingly, you agree not to:
• Post, upload, share, transmit, or otherwise make available any data, information, content, or other material to the Platform that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, libelous, hateful, or racially, or ethnically objectionable, or invasive of another's privacy.
• Alter, modify, adapt, translate, or create derivative works of the Platform.
• Mirror any content, data, information, or other materials of DVS through the Platform or create "links" on the internet to the Platform.
• Impersonate any person or entity, including, but not limited to, a DVS employee, or misrepresent or otherwise falsely state your affiliation with a person or entity.
• Transfer, assign, resell, sublicense, rent, or otherwise lease the service offered by the Platform or its use or offer the Platform’s service on a time-sharing basis to any third party.
• Build online service or product using similar features, functions, ideas or graphics of the Platform.
• Disassemble, decompile or reverse engineer the Platform or otherwise attempt to derive or gain access to the underlying source code used to develop or deploy the Platform.
•Connect or merge the Platform with other systems, data or software.
Third Party Information
• All third-party logos, trademarks, and references used in this Platform are the property of their respective owners. Their inclusion does not imply any affiliation, endorsement, or sponsorship by the respective organizations.
• Any opinions, advice, statements, offers, services, or other information expressed or made available by third parties, including Experts or Clients, are those of the respective persons and do not necessarily reflect those of DVS.
• DVS may provide links to other third-party websites and services. However, DVS does not control the availability and content of those outside websites, services and resources. Any concerns regarding any such other website or service, linked to or from DVS, should be directed to the respective third party.
• Soliciting the services of the Experts listed on DVS in any fashion directly outside the platform is stricly prohibited. This prohibition includes, but is not limited to, contacting those Experts listed on DVS by in person, email, phone, text, fax, or any other electronic to solicit those Experts for other services or directories, referral services, or similar marketing or advertising services or products.
• Experts are prohibited from contacting directly with the client to get hired for a job requirement listed in the Platform.
• Access to the Platform for the purpose of advertiseing, marketing services or products or for any other reasons is a violation of these terms of use and will be strictly enforced.
Confidentiality and Non-Disclosure
• All information shared during the engagement between Clients and Experts is considered confidential. Users agree not to disclose or use this information for any purpose outside the scope of the engagement without prior written consent.
• All information accessible by the Clients and Experts in the Platform are exclusive to DVS. Users agree not to disclose or use this information for any purpose.
Intellectual Property
• The Platform retains all rights to its own trademarks, content, and software therein are the exclusive properies of DVS. All rights in and to the Platform not expressly granted to you are reserved by DVS. Users are granted a limited, non-exclusive, non-transferable license to use the Platform for the intended purpose only. There are no other implied licenses or rights granted to you, including feedback and improvements suggested by users of the Platform or conceived by DVS that DVS may use without restriction as set forth above. We may monitor the usage of the Platform and may collect and/or generate data and information relating to your use of the Platform. Such collected data will be owned by DVS and may be used, disclosed, commercialized and exploited by us without any restriction.
• Intellectual property created during an engagement will belong to the Client unless otherwise stated in the Contract between the Client and Expert.
Copyright Materials
• Unless otherwise expressly stated, all materials, including photos, images, videos, audio, icons, metatags, designs, databases, html and programming codes, and written and other materials that are part of DVS are the copyrights, trademarks, and/or other intellectual properties owned, controlled or licensed by DVS.
• Information contained in this Platform is not public domain but is the private property of DVS.
• No material from DVS may be copied, distributed, modified, reproduced, republished, downloaded, uploaded, or transmitted in any way, unless it is otherwise expressly permitted by DVS as set forth in the paragraph below as well as in this Terms of Use.
• Use of Expert curriculum vitae or resumes on DVS without the Expert’s express permission is strictly prohibited.
• Unauthorized reproduction of data, alteration of data or files, and any unauthorized attempt to access administrative and managerial areas of DVS is strictly prohibited.
Liability Limitations
• The Platform is not liable for any disputes, damages, or claims arising from engagements between Clients and Experts. Users acknowledge that the Platform’s role is limited to facilitating connections.
• DVS shall not be liable to you in any way with respect to the platform or your usage of the platform. You may not make any claims of any kind against DVS directly, and hereby waive any and all claims of any kind you may have with DVS arising out of your use of or inability to use the Platform and agree to hold DVS harmless from the same.
• To the maximum extent permitted by law, DVS shall not be liable to you for any direct, indirect, special, incidental, consequential, exmplary, punitive or any other damages arising out of or in connection with the use or inability to use the platform or information provided herefrrom, including any loss of use, lost data or softwae, lost business profits, business interruption, personal injury, or any other pecuniary loss, even if DVS has been informed of the possibilitiy or existence thereof.
• If for any reason the foregoing exclusions and limitations of liability are held unenforceable or inapplicable, the total aggregate liability of DVS if any, for damages to you shall not exeed the amount of fees paid by the User towards the specific transaction in despute.
• Under no circumstances shall DVS be liable for any damages, including but not limited to compensatory, direct, indirect, special, consequential, incidental, business loss, income or profits, or punitive damages, data loss, that may result from the use, or inability to use, the materials, information, or resources on the DVS, or that may arise from any errors, omissions, delays, or interruption of DVS’s service.
Indemnification
• Users agree to indemnify and hold harmless DVS, its officers, employees, and agents from any claims, damages, or expenses arising from their use of the Platform or any breach of these Terms.
Legal Disclaimer
ABC has made reasonable efforts to collect, prepare, and provide high-quality information and materials; however, it does not warrant or guarantee the accuracy, completeness, adequacy, or timeliness of the information provided."
• DVS has used reasonable efforts to collect, prepare and provide quality information and material, however, does not warrant or guarantee the completeness, accuracy, adequacy or currency of the information. The material on this Platform has been provided “as is”. All Expert or Client related information which appears on this Platform has been provided the respective Users. DVS makes no claims, promises, guarantees or warranties about the completeness, accuracy or adequacy of the information contained in or linked to this platform.
• DVS has not verified the background, qualifications, experience, or business practices of any of the Experts listed on the Platform or not verified the background about the Client. Our process is limited to matching the profiles with job requirements based on the information provided by the Users and therefore disclaims any responsibility for the completeness or accuracy of their information and listings on this platform.
• The platform does not make any recommendation or referral of any Experts listed on this Platform, and we do not make any suggestion as to their competency.
• Users are cautioned that it is their responsibility to always independently verify the relevant information such as the background, or any other information listed on the Platform as a Profile or job requirement.
• By downloading, viewing and utilizing information on the Platform, all Users assume full responsibility for their own actions and any damages or liabilities that may result from the utilization of information obtained from this Platform. This assumption of liability includes the consequences of an engagement initiated thorugh the Expert information or Clients’ job requirements listed on the platform.
Dispute Resolution
• Users are encouraged to resolve disputes directly through the Platform’s support mechanisms.
• Disputes that cannot be resolved amicably shall be referred to arbitration under the applicable rules of the UAE.
Governing Law and Jurisdiction
• These Terms are governed by the laws of UAE. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts of UAE.
Amendments to Terms
• DVS reserves the right to amend these Terms at any time. Such changes will be binding on you the next time you use the Platform. Your continued use of the Platform will constitute acceptance of the revised changes. We encourage you to review these Terms frequently to ensure that you are current on these.
Miscellaneous
• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in effect.
• These Terms, together with the Privacy Policy, constitute the entire agreement between the Platform and its users.
• Failure by DVS to enforce any provision of these Terms shall not be construed as a waiver of any rights.
Contact Information
For questions or concerns about these Terms, please contact us at: info@digitalvaluestream.com.