As of July 05, 2023
Welcome, and thank you for your interest in Teamatix FZ-LLC Ltd (“XAAN,” “we,” “our,” or “us”) and by which expression includes XAAN’s relevant legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”). These Platform Terms & Conditions (the “Terms”) constitute a legally binding agreement between you and XAAN governing your access to and use of XAAN applications, website, mobile app, сall center, products, and services (collectively, the “ Platform”).
By entering into these Terms, and/or by accessing or using the Platform, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms applies to all visitors, users, customers, service providers, suppliers, property managers, and others who access or use the Platform (“Users,” “you,” or “your”). “Property managers” include the following: real estate owner, hotelier, holiday homes entity, management companiy, or hostel manager interested in short-term sub-leasing of a property/properties. These Terms are for multiple categories of Users (such as consumers, guests, customers, hosts, companies, suppliers, and third-parties), so some terms may not apply to your specific use case. If you are using the Platform and agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of your organization or entity and to bind them to these Terms (in which case, references to “you” and “your” refer to that organization or entity).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE XAAN PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE XAAN PLATFORM.
Your access and use of the XAAN Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and XAAN. XAAN may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the XAAN Platform or any portion thereof, at any time for any reason without notice. Supplemental terms may apply to certain parts/functionality of the Platform (as defined below), such as policies for a particular event, loyalty programme, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable part/functionality of the Platform. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable part/functionality of the Platform. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable part/functionality of the Platform.
XAAN provides a digital network that functions as a marketplace where persons (“Users”) who seek personal transportation services, the delivery of goods, groceries, products, medicines, inventory, restaurant meals, mobile phone top-up, tours and attractions, and/or any other goods and services (“Commodity”, “Goods”) can be matched with persons or third party companies (“Suppliers”) who can provide the Commodity. Each User shall create a User account that enables access to the Platform. Any decision by a User to make use of or accept Goods is a decision made in such User’s sole discretion. Each Commodity provided by a Supplier to a User shall constitute a separate agreement between such persons.
With respect to goods or services which you can order through the Platform, these goods or services are prepared, undertaken and provided by the relevant Supplier.
Materials posted on the Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Platform, or by anyone who may be informed of any of its contents.
We aim to update the Platform regularly and may change the content at any time. If the need arises, we may suspend access to the Platform and the Goods or close them indefinitely. Any of the material on the Platform or the Goods may be out of date at any given time, and we are under no obligation to update such material.
YOU ACKNOWLEDGE THAT NEITHER XAAN NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY XAAN OR ANY OF ITS AFFILIATES.
To use the Platform you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding contracts. Persons under the age of 18, or any higher minimum age in the jurisdiction where that person resides, are strictly prohibited from accessing or using the Platform. Additionally, you are prohibited from accessing or using the Platform if you are barred from receiving certain services under applicable law or have previously been suspended or removed from the Platform.
To access and use the Platform you will be required to provide us with certain information such as your name, contact information, and additional information we may ask you to provide. If you are a Supplier you will need to create an account. You must provide accurate, current, and complete information during the registration process and keep your information up-to-date at all times. You are responsible for all activity that occurs in association with your use of the Platform. We are not liable for any loss or damage caused by your failure to maintain the confidentiality of your account credentials. Please contact us at the email below if you discover or suspect any security breach related to the Platform or your account.
You are solely responsible for the accuracy, content, and legality of all data and information you provide to us and/or transmit through the Platform (“User Content”). As between us and you, you own all User Content and you represent and warrant that all User Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right (but not the obligation) to reject and/or remove any User Content that we believe, in our sole discretion, violates these Terms. You hereby grant to us: (i) a nonexclusive, worldwide, fully paid, royalty-free, right and license to download, receive, collect, access, modify, copy, store, retain, and otherwise use User Content in order to provide and support the Platform or otherwise upon your consent or direction, and to develop and improve the Platform; and (ii) a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free right and license to collect, retain, store, use, modify, distribute, and disclose User Content in aggregated and anonymized form and any inferred insight relating to User Content for any purpose whatsoever, provided that any such disclosure does not identify you or any third party by name or description sufficient to identify you or such third party as the source or subject of such information, in whole or in part. You acknowledge and agree that User Content will be shared with other Users you engage in transactions with through the Platform.
You are responsible for the acquisition of rights to the content that you upload to XAAN (e.g. pictures in reviews) and represent that you thereby do not violate the rights of any third parties.
You are responsible and represent that you have the rights and/or authorization in the properties that you upload details on through XAAN, when applying for receipt of the services to the other Users.
You are responsible to acquire appropriate insurance policies according to standard industry practices in your field of activity which sufficiently cover the provision of Goods to our the other Users.
You hereby warrant and guarantee that you will not to use the XAAN Platform to create content that:
In addition to any other restrictions set forth in these Terms, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Platform; (ii) circumvent, disable, or otherwise interfere with security-related features on the Platform; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Platform; (iv) access or use the Platform in any manner that may damage, disable, unduly burden, or impair any part of the Platform, or any servers or networks connected to the Platform; (v) post information or interact with the Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Platform for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Platform; (viii) interfere or attempt to interfere with the Platform provided to any User or network, including, without limitation, via means of submitting a virus to the Platform, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Platform in violation of these Terms, or copy or create any derivative work of the Platform; (x) use the Platform in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) develop or operate products or services intended to be offered to third parties in competition with the Platform. In addition to the foregoing, if you are a Supplier, you may not sell or offer for sale goods or services in the categories listed here.
We make no representations that the Goods are appropriate or available for use in any location or geographical region. You access and use the Platform at your own volition and are entirely responsible for compliance with all applicable laws, rules, and regulations in the applicable jurisdiction.
We may, without prior notice and at our sole discretion, change the Platform, stop providing access to the Platform or certain features of the Platform, or create usage limits for the Platform. Notwithstanding the foregoing, we will endeavor to take reasonable steps to notify you prior to discontinuing any features or making any other changes to the Platform.
Although it is our intention for the Platform to be available as much as possible, there will be occasions when the Platform may be interrupted, including, without limitation, for scheduled maintenance or upgrades, emergency repairs, unscheduled downtime, system and server failures, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Suppliers may offer goods and services to other Users, and Buyers may purchase goods and services from Suppliers or engage third-party couriers through the Platform, (collectively, “Third-Party Services”). Any such activity, associated or additional fees, and disputes are solely between you and the applicable third party. Your use or provision of any Third-Party Services is subject to these Terms and to any third-party terms applicable to such Third-Party Services. When using or providing Third-Party Services, you are responsible for any information provided to such third party. We have no responsibility or liability for any Third-Party Services. If you are a Supplier who has signed a separate agreement with us, such agreement will control in the event of any conflict with these Terms.
When you use the Platform, you agree to the applicable pricing and payment terms. We may add new features for additional fees and charges, or amend fees and charges for existing features, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Your continued use of the applicable part/functionality of the Platform after any price change becomes effective constitutes your agreement to pay the changed amount. All payments are nonrefundable unless otherwise expressly stated herein.
All fees, including any applicable taxes and transaction fees, are in U.S. Dollars, EURO, AED Dirhams in dependence of the Supplier region. You must provide a valid credit card at the time you purchase the Goods/Platform subscription and you will promptly update us if there is any change to your payment information. Any recurring fees will automatically renew at the rates then in effect, are automatically charged to your credit card, and will continue until canceled in accordance with these Terms. We use a third-party payment processor and you must agree to their terms when entering your payment information, if applicable. By providing your payment information, you agree that we may charge you for all fees when they become due to us without additional notice or consent.
All the payment process is provided by AGAINGENCY LTD as a payment processor a company incorporated under the laws of the Republic of Cyprus, licence No. 7144.
Chargebacks, refunds and disputes.
When you use a card for payment through your User Account the issuer of that card is responsible for the settlement of the transaction. You acknowledge that transaction errors relating to such transactions may result in a reversal of the transaction, fees, claims, penalty or chargeback from the financial institution that has issued the payment card or payment services provider. You acknowledge that the financial institution or payment services provider which issues or supports the designated payment method you have linked to the wallet determines any amount reversed, returned or charged back. XAAN is bound to follow the instructions of that financial institution or payments services provider. You agree that you will be responsible for resolving any disputes with the financial institution which has issued your card.
If, notwithstanding the above, you have a complaint in relation to any transactions you have made using your User Account please contact us via email@example.com. Any dispute must be submitted within 90 days of the transaction in dispute. We may ask for information about the disputed transaction but please note that we will never ask you for any security information about your User Account.
XAAN reserves the right to investigate the circumstances of each complaint and determine the most appropriate course of action, including: a) declining your application for any or all of the services, b) terminating any or all of the services, c) reversing any relevant transaction, d) withholding funds from you or restricting your access to your User Account, or e) doing anything else we reasonably consider necessary.
We will inform you of any such actions we take unless we have reasonable belief that we are prevented from doing so by law or regulation or we believe that doing so would compromise our anti-fraud or security measures.
You acknowledge that XAAN is under no obligation to recall funds and will not be liable if it is unable to partially or fully recall the funds subject to the dispute. You may not be eligible to receive a refund if you failed to keep the security details relating to your card safe or are a victim of financial fraud, even if the transaction was done by third parties without your knowledge or permission.
Subject to your compliance with this Agreement, XAAN grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the XAAN Platform on your personal device solely in connection with your use of the XAAN Platform; and (ii) access and use any content, information and related materials that may be made available through the XAAN Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by XAAN and XAAN’s licensors.
Except for User Content and Third-Party Services, all data, text, images, logos, software, content, and other information and content available on or through the Services (“Our Material”), are our property. Our Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to Our Material. Except as expressly stated in these Terms, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, transmit, or use any of Our Material, in whole or in part, by any means.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM ACCESS IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT: (I) THE PLATFORM PERFORMANCE OR RESULTS THAT ARE OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR CORRECT; (II) THE PLATFORM PERFORMANCE OR RESULTS THAT ARE OBTAINED FROM USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (III) THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED, OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V)THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PLATFORM.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WE EXERCISE NO CONTROL OVER AND EXPRESSLY DISCLAIM ANY LIABILITY RELATED TO OR ARISING OUT OF ANY THIRD PARTY’S DATA COLLECTION AND USE PRACTICES. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INJURY OR DAMAGE SUFFERED BY ANY USER HEREUNDER.
WE DO NOT PROVIDE ANY INSURANCE COVERAGE RELATED TO YOUR USE OF ANY PRODUCT OR SERVICE OFFERED BY A SUPPLIER AND IT IS SOLELY YOUR RESPONSIBILITY TO PURCHASE INSURANCE AS YOU SEE FIT.
If you live in a state that do not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, and affiliates (the “XAAN Entities”) harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), in any way related to your access to or use of the Platform, your User Content, your use or provision of Third-Party Services, or your breach of any of this Agreement. If you are an organization or entity, then your indemnification obligations under this Section also apply to any use of the Platform by your authorized Users.
XAAN retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control over any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, XAAN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE XAAN, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO US FOR RECEIVING THE RELEVANT SERVICE.
REGISTERED SUPPLIERS TO WHICH XAAN WILL PROVIDE INFORMATION ON OUR REGISTERED PROPERTY MANAGERS FOR THE PURPOSE OF OFFERING TO THEIR SERVICES TO AND ANY REGISTERED PROPERTY MANAGERS CONNECTING GUESTS TO OUR REGISTERED SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF XAAN OR ITS AFFILIATES, AND XAAN AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH REGISTERED SUPPLIERS OR REGISTERED PROPERTY MANAGERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
XAAN AND THE XAAN AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT.
By entering into these Terms or using the Platform, you agree to receive communications from us, including general notice on the XAAN Platform, e-mails, text messages, alerts, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing. Any notification by you to us must be sent to the email address provided below.
You may give notice to XAAN by written communication to XAAN’s email address at firstname.lastname@example.org.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
These Terms shall be governed by and is to be construed in accordance with laws of DIFC (Dubai International Financial Center), UAE. The parties irrevocably agree that the courts of DIFC shall have exclusive jurisdiction to settle any claim, dispute or issue (including non-contractual claims) which may arise out of or in connection with this Agreement.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time such informal dispute resolution is pursued, then either party may initiate binding arbitration.
However, each party retains the right to bring an individual action in small claims court or the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright, trademark, trade secret, patent, or other intellectual property right. If any court or arbitrator determines that the foregoing class action waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the XAAN Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Teamatix FZ-LLC Ltd if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and XAAN are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and XAAN and/or any of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the XAAN Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
You may not assign or transfer your rights under this Agreement in whole or in part without XAAN’s prior written approval. You give your approval to XAAN for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of XAAN’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, XAAN or any Supplier as a result of the contract between you and XAAN or use of the XAAN Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
Please contact us with any questions regarding these Terms, for support, claims of Copyright Infringement, or to cancel the Platform access at email@example.com.
Effective Date - 26th of July, 2023
By executing the Form of Agreement together with its annexures, the Supplier will be deemed to agree to the Agreement including but not limited to these Suppliers’ Terms and Conditions and the other Terms and shall be bound by them. If the Supplier does not agree to these Suppliers’ Terms and Conditions or any other Terms, then the Supplier will not execute the Form of Agreement.
The rules of interpretation in this clause apply to this Agreement:
The rules of interpretation in this clause apply to this Agreement:
We at Teamatix FZ-LLC Ltd. (hereinafter called “XAAN” or “We”/“Our”/“Us”), hold your privacy and the security of your personal data to the highest level of importance.
XAAN is committed to ensuring that your personal data and data privacy are protected in accordance with the best practices available, as well as according to XAAN’s relevant legal obligations. This Policy explains your rights regarding the personal data We collect, process and use, as well as XAAN’s use of safeguards to protect these rights.
Your personal data will be collected and stored lawfully, fairly and transparently by XAAN. In processing your data, We act in good faith, in a proportionate manner, and with the appropriate technical and organizational measures employed when taking into account the risks represented by the processing and the nature of the personal data processed and protected by Us.
From time to time, We may develop new, or offer additional products and services. If the introduction of these new or additional products and services results in any change to the way We collect or process your personal data We will provide you with more information and additional terms or policies prior to the introduced of any such additional products and services. Unless stated otherwise, any introduction of these new or additional products and services will be subject to this Policy.
The purpose of this Policy is to:
Important note: If you do not consent to the collection, use, processing and disclosure of your personal data as set forth in this Policy, please refrain from browsing Our website, registering and/or logging into Our XAAN Application and Supplier Business application, or otherwise refrain from providing Us with any of your personal data.
We will only process personal data if you have consented to such processing unless We are otherwise legally authorized or obliged to collect and further process personal data relating to you.
Therefore, if We process data solely based on your affirmative consent, We will only use the data for the purposes stated in the consent procedure and within the scope outlined below.
You are entitled to the following additional rights:
3.1. Withdrawal of Consent. You may file for the revocation or withdrawal of your consent to Our collection, use or processing of your personal data at any time by notifying Our Data Protection Officer, at: E-mail: firstname.lastname@example.org
Upon receipt of your notification, We will revert back to you and thereafter cease the collection, use or processing of your personal data, and/or suspend/delete your account, as applicable according to the content of your request alongside giving you confirmation such a request has been fulfilled, provided however, that We are not legally obliged or authorized to retain your personal data, including for ongoing legitimate business interests. If We cannot partially or fully comply with your request, We shall revert back to you in response to your above-mentioned notification and shall inform you accordingly.
3.2. The “Right to be Forgotten” and Right to Rectification. You may also request the erasure or correction of any or all of your personal data that is held by XAAN.
Upon sending your request to Our Data Protection Officer, at: E-mail: email@example.com, We will delete/correct your personal data or close/suspend your account/registration and/or remove or correct your personal data from any or all of Our records, as applicable according to the specifics of your request, as soon as reasonably possible and when technically feasible, unless there is an overriding legal interest or another authorized basis for the continuation of the data processing, and We shall revert back to you in response to your above-mentioned notification and shall inform you accordingly in such an event.
The foregoing notwithstanding, XAAN will store a minimal sufficient amount of personal data to ensure that the restriction is respected in the future, where you have not asked for the full deletion of your personal information (and provided We can abide such a requested as mentioned above).
In the event of deletion and/or correction of personal data, upon your request, results in XAAN no longer being able to provide you with any or all the parts/functionality of Our Platform via the website or other applications, We shall notify you accordingly, but in so requesting Us to act, you hereby irrevocably agree and waive any claim against XAAN for Our inability to provide the Platform access partially or fully through the website, or any interruption or malfunction of the Platform resulting from fulfilling your request.
Note that your request for deletion or correction of your personal data, may also be rejected by XAAN for lack of relevant information provided by you, upon which you will be notified accordingly.
3.3. Rights of Transparency and Portability. You are entitled to ask Us for information regarding the types of personal data We hold or have collected on you and for what purposes.
You are also entitled to obtain (in a commonly used and machine-readable form) and reuse your personal data as you have provided to Us and which We process by automated means, for your own purposes, across Our Platform, free of charge, subject to the technical feasibility and lawfulness considerations.
Please forward your request for such an output, in written or machine-readable form, to Our Data Protection Officer, at: E-mail: firstname.lastname@example.org.
3.4. Automated decision-making. XAAN shall not intentionally take any potentially damaging decision concerning you because of using automated processing operations without human intervention; and commits to giving you the opportunity to obtain human intervention in such a decision, express your point of view, and obtain an explanation of the decision.
In the implementation of these data protection rights, XAAN is committed to providing a timely and transparent response to your requests, and upholding your right to contact XAAN’s Data Protection Officer, at: E-mail: email@example.com
Cookies and tracking tools are employed on Our website to distinguish you from other users and to improve your use of Our website and Platform. In some cases, certain features may not function if you choose to remove some or all of the cookies from your browser.
When you use the Property Manager Service, we will collect the following information about your guests/clients:
The Property manager shall be liable and shall hold XAAN harmless against any claim, complaint, or administrative fine levied against XAAN due to the Property manager's failure to acquire such consent from its end-user guest/clients according to this section 5.3;
6.1. The personal data We collect about Our users and that is used by XAAN includes the data required for Us:
6.1.1. To provide you with the Platform in the course of Our ongoing business while operating under XAAN's relevant legal data protection legislation and regulations obligations, including the principles of data protection, reduction and data minimization;
6.1.2. To perform analytics and statistical analysis of Our website and our Property Manager and/or Supplier Business applications’ performance and to ensure their stability and integrity;
6.1.3. To provide you with the best user experience while using Our websites and applications;
6.1.4. To use data tracking technologies (i.e: browsing and history data) for the purpose of providing you with personalized advertisements;
6.1.5. To provide the Property manager with personalized offers aimed to induce an increase in sales by the Property manager from Our list of Suppliers operating in the area of your registered properties;
6.2. The data collected and processed is both general in nature, (for example, for technical purposes) and personal data, contact details, signatures and other information inputted by you (or your guests/clients if you are a Property manager), depending on the Goods selected and utilized.
6.3. Some automatic processing of your personal data may occur when you browse Our website and/or input information through our Property manager or Supplier Business application.
Data processed may include specifically your name, some identifying numbers, the name of your internet provider, your IP address, browser type and system software, as well as the websites you have visited before being transferred to the XAAN websites and/or application interface, including keywords used for searches and the sites from which you have been transferred (e.g., search engine or linked content).
6.4. As is true of most organizations operating websites and apps, We also gather certain information automatically and store it in log files. This information includes but is not limited to IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and click stream data. We use this information to analyze trends, administer the site, track users' movements around the site and to gather information about our user base as a whole. We may link this automatically-collected data to personal information for legitimate business purposes, such as the detection and prevention of fraudulent activity; and other authorized purposes.
6.5. When you use Our Platform, you may also be directed to third-party processors such as payment service providers, including credit card or online payment providers or document scanning software providers.
When XAAN uses such third-party payment processors, We do not store credit card details or retain copies of identification documents scanned, but instead rely on the third-party service provider to process personal data in order to provide these payment services. XAAN contractually engages with internationally recognized third-party payment processors which comply with the applicable data protection and other laws and regulations applicable to their payment processing services.
If you have questions regarding Our use of payment service providers, please get in touch with our Data Protection Officer, at: E-mail: firstname.lastname@example.org.
Behavioral retargeting is another form of Online Behavioral Advertising that enables Us and some of Our advertising partners to show you adverts based on browsing patterns and interactions with the site while browsing on other websites online.
6.7. From time to time, XAAN may share this aggregated data with Our advertising partners. This could mean that when you are on other websites you are served advertising based on your behavior across XAAN's website and service interfaces, or you may be served advertising based on your behavior on other sites.
If you want to opt out of receiving Online Behavioral Advertising this does not mean that you will no longer receive advertising when you are using Our website, it will only result in the adverts you see not being customized for you.
6.8. Our websites and user interfaces may, from time to time, contain links to and from websites of Our partners’ networks, advertisers and affiliates. We cannot control or be held responsible for third parties’ privacy practices and content and if you click on a third-party advertisement or link, please understand that you are leaving the XAAN website or interface and any personal data you provide will not be covered by this Policy and such third-party websites are governed solely by such third parties' privacy policies; you are advised to be careful and check any such third party's privacy policies and compliance with laws, prior to inputting and/or supplying them with any of your personal data.
7.1. The use of Our Platform may sometimes require Us to transmit personal information We process to external service providers and affiliated companies, such as intermediary property rental websites (e.g. Airbnb, Booking.com, etc.). In these cases, however, the extent of data transmitted is kept to the minimum necessary in order to provide the Services which require such third-party service providers.
7.2. XAAN may need to transfer your (or your guests/clients' personal data, subject to the restrictions detailed above) to parties in locations outside the country in which you are physically located, potentially including countries which may not require an adequate level of protection for your personal data compared with that provided in your country.
7.3. In these cases, We will employ all reasonable, commercial efforts to ensure that a reasonable level of data protection is established with the recipient, before transmitting your personal data.
XAAN deletes personal data in cases where the business purpose for which the data was being collected or processed ceases to apply, or if applicable data protection rules require Us to delete such personal data, unless We have overriding legal obligations or interests, or other authorized lawful basis for the continuation of the data processing of the personal information.
However, We shall keep your personal data only as long as necessary to provide you with the XAAN Platform and for legitimate and essential business purposes, such as maintaining the performance of the XAAN Platform, making data-driven business decisions based on statistical information from Our user base about new features and offerings, complying with Our legal obligations, and resolving disputes, such as the following circumstances:
8.1. If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute We will retain the necessary personal data until the issue is resolved;
8.2. Where We are required to retain the personal data for our legal, tax, audit, and accounting obligations, We will retain the necessary personal data for the period required under applicable law; and/or,
8.3. Where necessary for Our legitimate business interests such as fraud prevention or to maintain the security of Our users.
The above notwithstanding, there are types of personal information that We will only store for as long as you are a user of the XAAN Platform, such as your user name, your password and We will delete them upon your request for un-subscription or following your express request as mentioned in the "Your Rights and Preferences" section above.
We are committed to protecting Our users’ personal data. We implement all reasonably appropriate, industry-standard technical and organizational measures to protect your personal data against loss, alteration, theft or access by unauthorized third parties.
The above notwithstanding, no system is completely secure, and XAAN will not be liable or responsible for any damage or loss resulting from the improper use of the Platform and/or any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data.
Your password protects your user account and you are responsible for maintaining its security and integrity, therefore we encourage you to use a unique and strong password, not to share it with third-parties, as XAAN will not be liable for any actions taken through your username.
If you have reason to believe your password has been stolen or compromised, please contact Us as soon as possible at: email@example.com, so We may suspend your account and assist you in renewing your password.
The XAAN Platform is not directed towards children under the age of 18 years. However, in some countries, stricter age limits may apply under local law and if you are under the age limit applicable to your country, please do not use the XAAN Platform, and do not provide any personal data to us.
Other than when we collect information on our Property managers' guests/clients, subject to the receipt of their consent as stated in section 5.3 above, we do not knowingly collect or process personal data relating to children and minors under the age of 18 years or less, according to applicable local laws, unless We are legally obliged to do so.
If We become aware that personal data was transferred to Us or collected by Us relating to children and minors under the age of 18 years for any other reason not stated above in this section 10 or for registration to the Platform in contradiction of this section 10, all without the informed consent of a parent or legal guardian, We will delete such personal data without undue delay as soon as reasonably possible, including where it is necessary to delete the account/username used by the minor.
We may revise this Policy from time to time, and such changes shall come into effect from the moment XAAN notifies you of such changes and/or updates, either by email, on the website or via other reasonable manner.
When We make material changes to this Policy, We will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the XAAN website, by sending you an email or by prompting a pop-up window when you next log in with your username, requiring your consent to continue.
NOTE: For any issues regarding personal data protection, please refer to our Data Protection Policy. For any questions regarding the collection, processing or use of personal data relating to you (as explained below) please contact our Data Protection Officer, at: E-mail: DPO@xaan.co
A cookie is a small file sent from a website or web-based interface, which is then stored on your computer by your web browser. When you return to the website or web-based interface, the information in the cookie can be used to recognize your last session. Cookies cannot install malicious software such as viruses on your device, and they do not store any of your personal data or account information.
We also employ advertising cookies to provide personalized adverts according to anonymous data collected from your web browser on websites you have visited and their properties.
Cookies originate from two types of sources: first party and third party. The classification whether a cookie is ‘first’ or ‘third’ party refers to the internet domain that places the cookie.
● First-party cookies are placed by a website visited by the user at the time.
● Third-party cookies are cookies placed by a domain other than that of the site visited by the user. If a user visits a website, and another entity places a cookie through that site, this would be a third party cookie.
If you wish to opt out of interest-based and behavioral advertising click http://preferences-mgr.truste.com (if you are located in the European Union click http://www.youronlinechoices.eu), or visit http://www.networkadvertising.org/
“Do not track” or “privacy mode” is a function that allows website users to opt out of being tracked by websites for any purpose including the use of analytics services, advertising networks and social platforms.
Do not track options are available in a few browsers including:
If you have enabled the “do not track” function in your browser, you will not be tracked. However, this may impair your use of our website or interface. This is in addition to you opting-out of the aggregation and analysis of data for the website and booking interface’s statistics.
You hereby irrevocably and unconditionally waive any claim or demand if employing any of the aforementioned modes on your browser results in any of the services becoming unavailable, impaired or non-functional.
There are two categories of cookies in use on our sites:
● Session Cookies containing encrypted information to allow the system to uniquely identify you while you visit the Website. Session cookies exist for a singular online session and disappear from your computer when you close your browser or turn off your computer.
● Persistent Cookies used to distinguish whether you are a repeating or new visitor to the Website, and to identify and maintain your preferences, such as the selected language, and the country of origin as of your last visit. We use these cookies to present the contents of the Website in a personalized way, in accordance with your past selected preferences and browsing usage. Persistent cookies remain on your computer after you have closed your browser or turned off your computer for varying periods of time, according to the duration of each cookie. They include such information as a unique identifier for your browser.
We would like to emphasize that the security and confidentiality of the information stored in the persistent cookies used in the Website is held by us to a very high priority.
What kind of third party cookies do we use?
● Google DoubleClick and Google Analytics
The Site uses Google Analytics cookies. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies do not collect information that identifies you. All the information that these cookies collect is anonymous and is only used to improve how the Site.
Information collected by the Google Analytics cookies will be transmitted to and stored by Google on servers in the United States of America in accordance with its privacy practices. To see an overview of privacy at Google and how this applies to Google Analytics, please click here.
We also use the Google DoubleClick Cookie, to store information about your use of our Site (and eventually other websites visited in the Google advertising network), including the sites visited, ad views, page views, user interaction data, browser information, IP-address, a cookie ID, and your search history. Google will not link your name or other personally identifiable information to your DoubleClick cookie without your prior consent.
We then use Google Analytics to also analyze the data stored in the DoubleClick
Cookie in order to obtain statistical reports on our user’s demographics (age, gender) and interests. These reports help us to better understand our users and to improve our Website and services.
Please further note that the DoubleClick Cookie also enables Google and other third party vendors to serve targeted advertising (based on your prior visits to our Website and/or other sites on the Internet). These ads may be shown on websites of Google
and/or other publishers participating in the Google advertising network.
● If you wish to Opt-out of our Google Analytics usage, you may download the browser plugin “Google Analytics Opt-out Browser Add-on” here which is compatible with your web browser.
● If you would like to permanently deactivate the DoubleClick-Cookie please download and install the browser-plugin which is available here.
We use Cloudflare to protect and accelerate our Site. We have joined the Cloudflare community, and thus our web traffic is routed through our intelligent global network. Through the CloudFlare Cookie, we automatically optimize the delivery of your web pages so our visitors get the fastest page load times and best performance.
The Cookie’s security features also used to block threats and limit abusive bots and crawlers from wasting our bandwidth and server resources.
● Facebook Analytics
If you wish to Opt-out of our Facebook Analytics usage, you may use your browser options or change the options through your Facebook settings.
● Amplitude Analytics Tracking tools and/or Cookies
Amplitude analytics cookies are cloud-based, and through Amplitude’s platform, we analyze the usage trends and behavior of our website, and our visitors in order to oversee the integrity and efficiency or our website.
Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our
service with user feedback.
anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website).
Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user.
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link.
We use Intercom cookies as a medium for communications, either through email, or through messages within our product(s). The Intercom Messenger Apps and Apps in Inbox products may also provide you with access to other third party applications such as Stripe.
You should consult these third parties’ privacy notices for further information on their use of your personal data.
As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to
enhance your user experience.
For more information on the privacy practices of Intercom, please visit https://www.intercom.com/terms-and-policies#privacy.
If you wish to withdraw your consent, you can choose to opt-out of cookies at any time by managing and/or deleting your cookies using your internet browser settings.
Additional information on cookies in general:
collected by your cookies and tracking tools in a new manner, we shall notify you and ask you to consent to this updated processing, new cookie or tracking tool.