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TERMS AND CONDITIONS

  1. Introduction
    1. Equevu ("Equevu", "we", "us" or "our") owns and operates the equevu.com and the Equevu mobile app (together or solely referred to as "Platform"). References to "you", "your", "yours" or "User" are references to the person(s) accessing the Platform.
    2. Please read these Terms and Conditions ("Terms") carefully as they govern our relationship with you and your use of the Platform. By using the Platform, Users are agreeing to our Terms, which may be updated from time to time.
  2. Accessing the Platform
    1. By accessing the Platform, you agree to comply with the Terms and our Privacy Policy (together as "Legal Terms"). If you do not agree to our Legal Terms, do not access, view, or otherwise use any of our services or register with us. You would need to have an account with our Platform ("Account") in order to use some parts of our services. However, Users will be free to browse through the Platform without an Account.
    2. You further agree that you have been afforded the opportunity to obtain independent legal and other advice with respect to these Legal Terms and that you have either taken such independent legal and other advice or dispensed with the necessity of doing so.
    3. At all times when accessing the Platform, you must ensure that:
      1. you shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that:
        1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
        2. facilitates illegal activity;
        3. promotes unlawful violence;
        4. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
        5. is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability or prejudice to its other rights, to disable the access to any person who breaches the provisions of this clause.
      2. you shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the software and/or documentation (as applicable) on the Platform in any form or media or by any means; or attempt to de- compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software or documentation on the Platform;
        1. You shall not access all or any part of the Platform in order to build a product or service which competes with the Services, or to use the Platform (or any part of it) to provide services to third parties.
        2. You shall use all reasonable endeavours to prevent any unauthorized access to, or use of, the Services and/or the Platform and, in the event of any such unauthorised access or use, immediately notify us.
  3. Scope
    1. This Platform enables participating employers ("Participating Employers" or "Employers") and their employees ("Members") to be access a workplace savings scheme ("Scheme") provided by financially regulated institution(s) ("FI"). The Platform provides features that facilitate the different activities within a workplace savings scheme and other services offered via the platform ("Services").
    2. The Platform and Services are licensed to the a FI under a separate, exclusive agreement. Any User who wishes to engage with our Services shall be governed by the FI terms and conditions. Please go over them carefully.
    3. Our rights and obligations under the Legal Terms shall extend to the FI only for all acts covered under the license agreement between us and the FI.
    4. We and or the FI have the right, in our sole and absolute discretion, to refuse, delete or move any Service that is or may be available through the Platform, for violating the Legal Terms and such violation being brought to our knowledge or for any other reason or for no reason at all.
  4. Account
    1. For creating an Account, Employers, shall have the option of using the sign-up service on the Platform.
    2. Once the Employer is approved by the FI, Members will receive a link to create an Account.
    3. By registering on our Platform you understand that you are entering into a contract on the Legal Terms.
    4. When you create an Account, you represent and warrant that:
      1. If you are an individual, you are of the age of majority under applicable law;
      2. If you are representing a company, organisation or any other legal entity ("Entity"), you have the authority to bind the Entity to these Legal Terms;
      3. You are capable of entering into and performing legally binding contracts under applicable law; and
      4. All information which you provide is accurate, up to date, truthful and complete.
    5. In case there is any change in the information provided to us, you warrant to promptly notify us about the requisite changes and/or updates about your information.
    6. Unless expressly permitted by us and subject to the Legal Terms and any other additional terms as we determine, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or username and password ("ID") to another party and must not use another User’s Account without their permission. You are solely responsible to keep your ID or other personal information safe and you should not share it with anyone. In case of any unauthorised use of the ID of any User, we will have no liability towards the same.
  5. Participating Employers
    1. Upon being enrolled by a Participating Employer ("Enrolled"), the employer shall have an identification code and password to access and use the employer side of the portal ("Employer’s Portal"). Whilst Participating Employer remain in a Scheme, in consideration of it agreeing to be bound by the FI Legal Terms and our Terms, we grant Participating Employer a non- transferable, revocable, non-exclusive limited licence to use the facilities on the Platform, including the Employer’s Portal.
    2. The Participating Employers acknowledge that we may, at any time, and from time to time, add, remove, amend, or replace features made available to a Member and make amendments on our technology. However, we shall use all reasonable endeavours to provide Participating Employers and Members with a notice of such changes.
    3. The Participating Employer must put in place and monitor procedures to effectively mitigate the risk that unauthorised users will gain access to the Platform and if required to provide evidence of such procedures and the monitoring undertaken and will provide such information as we may reasonably require.
  6. Members
    1. Participating Employer have an option to enrol their employees under the Scheme and such employee Enrolled under the Scheme shall, as a Member, have access to employee side of the portal ("Employee’s Portal"). Employer’s Portal and Employee’s Portal are together referred to as Member’s Portal.
    2. You acknowledge and agree that the Member’s Portal may not be otherwise used, copied, reproduced or altered in any manner. Nothing in these Legal Terms or in your use of the Member’s portal shall give you any rights whatsoever beyond the rights granted under these Legal Terms.
  7. Conduct
    1. We are committed to prioritizing the safety of our Users who are using our Platform. Whilst we endeavour to provide best possible experience and safety to our Users, we also rely upon our Users to help us achieve this.
    2. We have a zero-tolerance policy towards any negative or offensive comments, information or content which violates the present clause. If we come across any violation, which we will decide in our sole discretion, of conduct from the Users including, but not limited to, disrespectful comments on posts, reviews or direct messages which are harassing, bullying, abusive, body shames, sexual advances, or threatening message including death threats or hate speech or any type of harming behaviour, it may result in us taking any or all of the following actions:
      1. immediate, either temporary or permanent, withdrawal of your right to access the Platform;
      2. issue a warning to you;
      3. legal proceedings against you for compensation of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs);
      4. any further legal action against you;
      5. disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; or
      6. any other action we may consider to be appropriate.
  8. Your Obligations
    1. In consideration for receiving the Services, you shall:
      1. provide us with such information as may reasonably be required to provide the Services and ensure that all such information and data and/or uploaded or submitted to the Platform is complete, true and accurate;
      2. co-operate with us in all matters relating to the Services;
      3. in case there is any change in the information provided to us, you warrant to promptly notify us about the requisite changes and/or updates about your information;
      4. comply with all license terms and conditions applicable to any third-party software as required in connection with the Services;
      5. comply with all applicable laws, regulations, regulatory policies, guidelines, or codes of practice in place from time to time in connection with the Services;
      6. use due care and skill when using the facilities of, submitting data to, and analysing data from the Platform;
      7. be solely responsible for providing all necessary hardware, software, network facilities and telecommunications services to access and use the Services.
    2. You agree to comply with any requests (which we may supplement from time to time) to confirm your identity. If you do not, we reserve the right to suspend or restrict your access to the Platform. We may make, directly or through a third- party, any inquiries we consider reasonably necessary to validate the information that you provide to us (including without limitation checking commercial databases and credit reports).
  9. Suspension and Termination
    1. Subject to service agreement with the FI, we can, in our sole discretion, change, modify, suspend or discontinue, temporarily or permanently, the whole or any part of the Platform at any time for any reason subject to the Legal Terms. You are authorized to access the Platform only to the extent you comply with the Legal Terms and we reserve our right to suspend or terminate any User’s Account, in our sole discretion, without notice and without liability, for:
      1. violation (which we will decide in our sole discretion) of applicable laws or the Legal Terms by you; or
      2. for any reasonable reason, and without advance notice.
    2. You have full discretion and authority to revoke, terminate or cancel your account at any time, by asking us to terminate the account via equevusupport@praxisgroup.com. Once you terminate your account or it is terminated in our sole discretion, you will lose all information associated with your Account. The data will continue to be held with Equevu for a term of ten years in accordance with retention laws in Abu Dhabi Global Market.
    3. We will not be responsible to any User or any third party for any damages that may result or arise out of such suspension or termination of an Account and/or access to the Platform. Termination of the Account and/or access to the Platform shall be without prejudice to any rights or obligations which arose prior to the date of termination. The right to immediate termination for good cause remains unaffected.
  10. Limitation of Liability and Indemnity
    1. You expressly agree that, to the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of or your inability to use, the Platform or any of the Services, or from errors, mistakes, or inaccuracies in the materials on the Platform, even if you have been advised of the possibility of such damages.
    2. Your use of the Platform is at your sole risk. The Services are provided on an "as is" basis. We disclaim all warranties, conditions, or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose and any express or statutory warranties.
    3. The services on the Platform may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer, mobile device or other electronic device). We shall not be responsible for any delays, delivery failures, damages, or losses resulting from such problems.
    4. You agree to indemnify and hold us and our holding company, subsidiaries, affiliates, partners, officers, directors, agents and employees harmless from and against any claim or demand, including administrative and legal fees, arising out of your use of or connection to the Platform, from any breach by you of the Legal Terms, your improper use of our Platform or your breach of any law/ rights of any third party.
    5. For the sake of clarity, indemnification obligation will survive termination, modification or expiration of the Legal Terms and your use of the Platform.
  11. Disclaimer
    1. THE PLATFORM IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. WE AND OUR RESPECTIVE AGENTS/ DIRECTORS/ EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE PLATFORM.
    2. THE CONTENT ON THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AS LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE. ALL CONTENT ON THE PLATFORM IS INFORMATION OF A GENERAL NATURE AND DOES NOT ADDRESS THE CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY. EQUEVU IS NOT A FIDUCIARY BY VIRTUE OF ANY PERSON’S USE OF OR ACCESS TO THE PLATFORM OR CONTENT. YOU ALONE ASSUME THE SOLE RESPONSIBILITY OF EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF ANY INFORMATION OR OTHER CONTENT ON THE PLATFORM BEFORE MAKING ANY DECISIONS BASED ON SUCH INFORMATION OR OTHER CONTENT.
    3. INFORMATION ON THE SCHEME IS PROVIDED ON AN "AS IS" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW. WE, OUR RESPECTIVE AGENTS/ DIRECTORS/ EMPLOYEES DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF (I) SUCH INFORMATION BEING CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IN RESPECT OF THE PLATFORM. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT IS ASSUMED SOLELY BY YOU.
    4. YOU WILL USE THE SERVICES OFFERED BY US ON THE PLATFORM AT YOUR OWN RISK AND WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES THAT YOU MAY SUFFER AS A RESULT OF THE USE OF THE PLATFORM.
  12. Privacy and Data Protection
    1. We will process your personal data to the extent you have explicitly given us such information and is further described in our Privacy Policy. Please review our Privacy Policy for more information about how we gather, process and manage personal data received from you.
  13. Confidentiality
    1. We shall not share your confidential information/ data with any third party (other than our affiliates, including financial information needed for payment gateway in order to process payments) unless you have provided your express consent. We maintain strict security standards and procedures with a view to preventing unauthorized access to your confidential information/ data by anyone, including our staff. The same shall solely be used as may be necessary for performing our obligations and in accordance with the Legal Terms.
    2. During the Enrolment, the Member may have had or shall have access to information and materials (in whatever form and howsoever communicated) that are confidential or proprietary to us or its subsidiaries and affiliates (collectively "Affiliates") or other members (the "Other Members") of the Scheme (together, the "Confidential Information"). Confidential Information includes the provisions of the Scheme on Enrolment and the information relating to Affiliates or the Other Members. However, Confidential Information excludes information and materials which the Member can demonstrate by written record: (i) were known by the Member prior to Affiliates or the Other Members disclosure to the Member; (ii) property came into the Member’s possession from a third party who was not under any obligation to Affiliates or the Other Members to maintain the confidentiality; (iii) had become generally available to the public through no fault of the Member; or (iv) was developed by the Member without the use of the Confidential Information.
    3. All Confidential Information received from us or the Other Members by the Member during the term of Member service ("Term") shall be returned by the Member to us or destroyed, upon request by us upon the termination of Enrolment to the extent required by any applicable law or by any judicial, government, supervisory or regulatory body or stock exchange
  14. Intellectual Property and Third-party copyrights
    1. Except as indicated otherwise, all intellectual property, especially copyright and trademark rights, and similar rights in the information, text, graphic images, logos, features or functions, and layout (including the "feel and look") contained on the Platform are the exclusive property of Equevu, and may not be copied, reproduced, posted, transmitted or distributed, in whole or in part, in any form (electronic or written) without first having obtained our express written consent (except for the below). The copyright in some documents and other material available on the Platform belongs to third parties and such documents and other material have been produced on the Platform with the permission of the third-party copyright owners. You must check copyright notices on or in respect of such documents or material.
    2. The Platform may contain links to other third-party websites ("Third-Party Websites"), which are completely unrelated to us. If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies.
    3. Further, you must ensure that copyrights are respected accordingly and that you do not copy, paste, upload or integrate copyrighted content in any form. You waive all moral rights you may have in it and you warrant that you have obtained a waiver of all others’ applicable moral rights.
    4. For anything posted by Users on the Platform, the Users grant an unlimited, exclusive, irrevocable, worldwide, perpetual, royalty-free license to use, advertise, market and commercialize these in any manner by us.
    5. Some of the content used on the Platform (such as, but not limited to, images and/or audio-visual material) may be the copyrighted works of third-party service providers, who reserve all their rights in such content. These third parties shall be entitled to the benefit of the Legal Terms in respect of their content as if they were "we" and shall be bound accordingly.
  15. Reporting Offensive Content / Intellectual Property Right Infringement
    1. We endeavour to make our Platform free from any harmful, offensive, illegal or infringing content. If you have any concerns about any content that appears on the Platform or you believe that such content is harmful, offensive or infringes your rights (such as your intellectual property rights), please contact us via email at equevusupport@praxisgroup.com with the following information:
      1. the location/ details about the harmful/ infringing/ offensive content;
      2. a brief description of why you consider the content to be harmful, offensive or infringing and a statement by you that you, under good faith, believe that the disputed use is not authorized by the intellectual property owner, its agent, or any law (if applicable); and
      3. your contact details, including your address, telephone number, and email address.
  16. Waiver
    1. Our failure to exercise/ enforce any right or require performance of an obligation in the Legal Terms shall not constitute a waiver of such right or provision. No waiver by either us or by you of any breach of any term or provision in the Legal Terms, express or implied, shall operate as a waiver of another breach of the same or of any term or provision of the Legal Terms, express or implied. Headings in the Legal Terms are for convenience only and have no legal effect.
  17. Severability
    1. If any term or condition contained herein is or may become, under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, invalid, prohibited or unenforceable then such term or condition shall be ineffective to the extent of such illegality, being void, invalidity, prohibition or unenforceability. Further you and us agree that the court should endeavour to give effect to the intention as reflected in the provision. However, such invalidity or unenforceability shall not affect the other Legal Terms which shall remain in full force and effect. If any part of the Legal Terms is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the term in question shall apply with such modification as may be necessary to make it valid and enforceable.
  18. Entire Agreement
    1. The Legal Terms represent the entire understanding, which are the complete and exclusive statement of the mutual understanding between you and us, concerning your use of the Platform. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by the Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in the Legal Terms.
  19. Future Amendments
    1. You agree that we have exclusive right to amend, without notice, the Legal Terms at any time by posting the relevant amended and restated Legal Terms on our Platform. You should review the Legal Terms regularly to ensure that you are aware of any changes we make. Your continued use of the Platform after the amended Legal Terms are posted on the Platform constitutes your agreement to, and acceptance of, the amended Legal Terms. If a User does not agree with the changes, she or he remains free to not access, view, or otherwise use any of our services or register as a User.
  20. Right to refuse services
    1. We reserve our right to refuse any and/or all our services to any User without giving any reason or explanation thereto, and cannot, under any circumstances, be held responsible for such refusal.
  21. Governing Law and Disputes
    1. The Legal Terms shall be governed by and interpreted in accordance with the laws of the Abu Dhabi Global Market and the federal laws of United Arab Emirates, as applicable therein. Any dispute arising out of or in connection with the Legal Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of Abu Dhabi Global Market.
  22. Contact
    1. Any queries or comments about the Platform or Terms should be directed via equevusupport@praxisgroup.com to us.
  23. Disclaimer
    1. Equevu represents two synergistic entities: Equevu Ltd, a technology company in Abu Dhabi Global Market, and Equevu Consulting Services FZC in Sharjah Publishing City. The brand delivers a comprehensive suite of services.
    2. Equevu Ltd. is incorporated in ADGM. Equevu is not licensed to carry on Regulated Activities in the ADGM and does not provide any financial and/or regulated services. Any and all financial services or advice introduced or accessed through this website is provided by Equevu’s regulated partners. Under those arrangements, Equevu is solely acting as a technology solution in the comprehensive workplace solution outline.
Last updated on: 27 November 2023