Terms and Conditions

ACKNOWLEDGEMENT

By using this Website, you accept and acknowledge that you have read and understood the Terms and Conditions and Privacy Policy and intend to be bound by them.
The Company may modify Terms and Conditions at any time, without notice. Such modifications will not affect prior rights and obligations under the Terms and Conditions. You must review the Terms and Conditions periodically for such modifications. Your continued use of the Company’s website shall be deemed as your acceptance to such modifications.

ACCEPTANCE

You must not use this Website and its features if i) you are not of legal age for the purpose of entering into this legally binding agreement, ii) or barred or legally prohibited from using this Website under the laws of the country you are residing in or from the country of access of this Website.

INTENDED AGE

You must have attained legal age to be able to enter into this legally binding Terms and Conditions and to use the Website and its features.

PRIVACY POLICY

Your acceptance to Terms and Conditions shall constitute as acceptance of Privacy Policy. For more information, please visit https://topsystems.io/privacy-policy

DISCLAIMER

Your acceptance to Terms and Conditions shall constitute as acceptance of Disclaimer. For more information, please visit https://topsystems.io/disclaimer

INTELLECTUAL PROPERTY

The Company shall be the sole and exclusive owner of all rights, interest, and title of all the content of Website, including, but not limited to, photos, videos, audios, software, domain name, downloads, applications, codes, trademarks, copyrights, patents, designs, trade-secrets, processes, and any other proprietary information (the “Content”) and the same is protected under the Intellectual Property and Antitrust Laws of US.

The Company grants you a limited and non-transferable right to use or download content of Website for limited personal use or educational purpose without violating intellectual rights or any other proprietary rights. Nothing in this Agreement shall be construed as granting you the right to modify, sell, alter, edit, reproduce, redistributing translate, enhance, exploit, makes derivatives, reserves engineer, display or store the contents of the Website without prior consent of the Company.

USER CONTENT AND LAWFUL USE OF WEBSITE

You agree not to use this Website to:

1. Make available any content or information that is illegal; violates any intellectual property rights; or is derogatory, defamatory, vulgar, abusive, pornographic, incites hatred or violence or objectionable in nature;
2. Violate any applicable laws or provisions of Terms and Conditions;
3. Obtain or attempt to gain any unauthorized access to any Services, any features, servers, software or any other use provided by this Website;
4. Display or transmit any unsolicited commercials or advertisements without our prior consent;
5. Cause any disruption or interference with the operation of this Website;
6. Make available or transmit any viruses, spyware, harmful information or any other malicious computer software that may, directly or indirectly, harm or disrupt the operation of the Website or may be actionable under the applicable law.
7. Obtain express permission before uploading, posting, displaying or transmitting any content or information belonging to the third party.
8. Warrant that you are the exclusive owner of any intellectual property rights arising out any content or information before uploading, posting, displaying or transmitting any content or information.
9. Discourage and covenant not to engage or promote in any activity, directly or indirectly, that may constitute as a criminal or civil offence under the applicable law.
10. Grant a non-exclusive, royalty-free, irrevocable, worldwide and perpetual right and license to the Company, its officers, employees, agents, representatives, successors, shareholders, and joint venture partners for using, publishing, redistributing, editing, copying, displaying, reproducing, translating, reformatting, any content or information provided by you on our Website.
11. Hold the Company harmless for any liabilities, damages, and costs arising out of violation of intellectual property or third party rights over the content and information provided by you on our Website.

THIRD-PARTY LINKS

This Website may include third party websites’ links either as advertisements or the Company’s participation as an affiliate in an Affiliate Program. You may be redirected to these third party website hosts by clicking on these links. The Company is not responsible for any content of such third-party websites. Once you are redirected to such third-party’s websites, you are no longer bound by the Company’s’ Terms and Conditions and the Company will not be responsible for any loss or damage arising out of your access, use or any transaction through these third party websites. Usage and access to such links will be your own responsibility at your own risk.

RIGHTS OVER PRODUCTS

The Company may grant a limited revocable and non-transferable, license to you for the purpose of using such links or content for any personal and educational use. Any free or paid products and/or services or any related material and content to the products/and/or services (the “products”) of the Company are protected under US and international copyrights law. The products shall not be used by you for any direct or indirect commercial purpose without prior consent.

Nothing in this Agreement shall be construed as granting you the right to modify, sell, alter, edit, reproduce, redistributing translate, enhance, exploit, makes derivatives, reserves engineer, display or store the products and/or services of the Company without prior consent of the Company. You shall not violate any intellectual property rights, including, but not limited to, copyrights and trademark rights (the “intellectual property rights”). You shall solely be responsible for any violation of the intellectual property rights arising out of your, direct or indirect, acts or omissions.

TERMINATION

The Company reserves the right to refuse, remove, restrict, revoke or terminate your use or your publications from the Website at any time without notice.

REFUNDS POLICY

The Company does not offer any refunds, exchanges or returns on any sales of products and/or services. All sales are final and the Company does not guarantee any refunds, returns or exchanges. You must carefully review any products and/or services that you are interested in purchasing to ensure that the goods and/or services are correct.

NO WARRANTIES

Except as otherwise expressly mentioned hereunder, the Company does not make any warranty or representations in relation to the information, content, material, color, products, services, and deliverables provided to you. The Company does not warrant the operation of the Services will be uninterrupted secure, and, error-free. The Company does not warrant that any or all recommendations made by the Company to you will result in success or are error-free, and complete.

The Company hereby accepts and acknowledges that all information, content, details, material, products, services, and deliverables is provided “as is” and “as available” with no warranties or representations whatsoever, whether express or implied to the full extent permitted by law. The Company disclaims expressly any warranty or representation of merchantability, non-infringement, and fitness for any purpose of any kind and nature.

LIMITED LIABILITY

The Company hereby does not make any representations, assurances, guarantees, and promises, express or implied, of particular outcomes of your usage of Website. The content and information on the Website do not make any representations, assurances, guarantees, and promises of the success and outcomes of your usage of Website.
You shall take approval of the Company before using any information and content from the Website for any commercial purpose.

You shall be responsible for any decision-making and its outcomes related to the products and/or services provided on the Website and shall ensure due diligence, research, and reasonable knowledge and care before using products/and/or services. The Company, its employees, agents, officers, successors, shareholders, partners and any person related to the Company shall not be responsible for any damages and losses, including, but not limited to, direct, indirect, legal, equitable, special, punitive, consequential, exemplary and any other damages arising out of your usage of products and/or services, information and content of the Website. You shall hold harmless the Company, its employees, agents, officers and any other person related to Company for any outcomes, failures, and delays resulting, directly or indirectly, from any products and/or services, information and content of the Website.

You hereby shall indemnify, defend and hold harmless the Company, its employees, agents, officers, successors, shareholders, partners and any person related to the Company against any or all suits, proceedings, actions, demands cost and expenses of any nature or kind whatsoever, whether arising out of defect or deficiency arising out of products/and/or services or from any negligence of the Company under tort or contract or any other ground whatsoever.

You hereby shall indemnify, defend and hold harmless the Company, its employees, agents, officers, successors, shareholders, partners and any person related to the Company against any unauthorized use or theft of your information in possession of Company, or any loss to your business, goodwill, reputation, information, data, income, profits revenues and any other valuables or any adverse use of products and/or services, information and content provided by the Company or displayed on its Website.
The foregoing limitations shall apply whether such losses or damages arise out of breach of contract, tort, strict liability or negligence, under law or equity, regardless of such losses and damages being reasonably foreseeable by either Party.

INDEMNIFICATION

You hereby shall indemnify, defend and hold harmless the Company, its employees, agents, officers, successors, shareholders, joint venture partners and any person related to the Company against any or all suits, proceedings, actions, demands, costs, and expenses of any nature or kind whatsoever, whether arising out of i) any negligence of the Company, its employees, agents, officers, successors, shareholders, partners and any person related to the Company under tort or contract or any other ground whatsoever; ii) your actions or use of the Company’s Website or links including, any sale, purchase of services, products or programs; iii) any unauthorized use or theft of your information in possession of the Company, or any loss of business, goodwill, reputation, information, data, income, profits revenues and any other valuables or any adverse use of information, services, and products provided by the Company or displayed on its website; iv) infringement of any or all intellectual property rights or any third party rights; v) any violations of terms and conditions of this Website by your or any third party; vi) any violations committed by you of any or all laws, ordinances, policies, regulations, whether federal or state.

Upon notification of any claims, liabilities or damages arising out the above-stated against you, you shall cooperate with the Company to provide assistance, without any costs to defend such claims. You may reserve the right to defend yourself against any such claims, liabilities or damages.

WAIVER

In the event of dispute arising out of this Agreement, you shall resolve the dispute directly with the Company without any involvement of a third-party. You hereby agree that you will not bring any class action or claim against the Company as a member of class or as a representative.

ENTIRE AGREEMENT

Terms and Conditions, together with Privacy Policy and Disclaimer, constitute as an entire agreement and intended to be complete exclusive agreement between the Company and you in respect of Website and shall supersede all prior agreements and understandings, oral or in writing, between the Company and you with respect to Website. No extrinsic evidence whatsoever will be introduced in any judicial, administrative, or other legal proceeding to vary the terms of Terms and Conditions, together with Privacy Policy and Disclaimer.

MEDIATION AND ARBITRATION

In case of any claim or dispute arising out of Terms and Conditions, or breach thereof, parties shall first try to resolve or settle by mediation with the help of mutually agreed mediator in United Arab Emirates, Dubai. Any mediation costs or fees other than attorney’s fees shall be borne equally by both parties. In case the dispute remains unresolved, the parties agree to submit the dispute for arbitration before a single arbitrator under the company appointed arbitrator in Dubai, United Arab Emirates. The arbitrator’s decision shall be final and binding. In the event that either party fails to comply with arbitral award, it shall be responsible for the costs of the suit, including, but not limited to, reasonable attorney’s fee.

GOVERNING LAW

In case of any dispute claim or liability arising out of usage of this Website, the Terms and Conditions shall be governed by and construed in accordance with laws of Dubai, United Arab Emirates. The courts of Dubai, United Arab Emirates shall have the jurisdiction to settle any dispute arising, directly or indirectly, out of this Agreement without regards to the principles of conflict of laws.

SEVERABILITY

The provisions of Terms and Conditions shall be deemed severable, and the partial or total invalidity or unenforceability of any provision of Terms and Conditions shall not affect the validity or enforceability of other provisions of Terms and Conditions. Any invalid or unenforceable provision of Terms and Conditions shall be reformed and/or replaced by a valid provision under the applicable law which gives effect to the intentions of the Parties under Terms and Conditions as far as possible.

MODIFICATIONS

The Company may modify Terms and Conditions at any time and may discontinue nay products and/or services provided through Website, without notice. Such modifications will not affect prior rights and obligations under the Terms and Conditions. You must review the Terms and Conditions periodically for such modifications. Your continued use of the Company’s Website shall be deemed as your acceptance to such modifications.
In case of any conflict or non-acceptance of Terms and Conditions you must stop using the Website.

CONTACT

Please contact the Company at the following:
[email protected]