TERMS OF USE

Effective from 01.07.2022

I Comply world provides services that aim to help companies specializing in food achieve compliance with food safety requirements and ensure that the documents associated with food safety conform with the law and best practices.

The services are available at https://www.icomplyworld.com and via our desktop and mobile client applications (hereinafter “I Comply world System”).

These Terms of Use govern your use of our services and the I Comply world System.

The term “User” or “you” refers to the legal entity that has concluded an agreement with us (including the person acting on its behalf) and has accepted these Terms of Use (hereinafter “Terms”). By accepting the Terms and using our services, the User confirms having carefully read the Terms. Your agreement with us, any service orders and these Terms are jointly referred to as the “Contract”.

1  SERVICE AND USE THEREOF

1.1  iComply world provides services for food-related businesses through the I Comply world System, which assist the User in managing food-related documentation and attaining compliance with relevant legal or best-practice requirements (hence the “Service”). Consumers are not permitted to use the Service because it is solely intended for use in commercial and professional activities. To be clear, using the Service does not imply that the User will adhere to all food safety regulations.

1.2   The Service provided by I Comply world System consists of modules with various functionalities. For instance: creating a HACCP plan, recording, and tracking food safety monitoring, recording auditing, managing employees’ documents’, etc.

1.3   The User must create a user account on the iComply world System to utilize the Service. Our Privacy Policy applies to any personal data processed as part of the Service or through usage of the iComply world System.

1.4    Users are aware that the Service just assists them in creating and managing food-related documents. We are not liable for the accuracy or proper operation of your food safety system. iComply world does not check the accuracy of the information you supply to us, nor do we verify that you have met the requirements.

2  RIGHTS AND OBLIGATIONS OF THE USER

2.1  The User shall:

2.1.1   complete the registration process with accurate information and a valid e-mail address.

2.1.2    ensure that any information provided in the process of using the Service and iComply world System is not false, misleading, or inaccurate, does not infringe any rights of third parties (including intellectual property rights) and is not contrary to applicable law and good practices.

2.1.3  keep the login credentials (including password) set for the iComply world System so that they are kept secret and beyond the reach of any third persons.

2.1.4   notify us about promptly of any information and circumstances that may have changed vis-à-vis what was provided upon registration as a User of the iComply world System.

2.1.5   notify us promptly if the password or other credentials set for using the I Comply world System have been lost or come into possession of unauthorized persons.

2.2  The User is prohibited from:

2.2.1  Using the iComply world System for the purpose of fraud or any other illegal activity.

2.2.2   Posting or sharing any viruses or malware of any kind that is or could be used to disrupt the I Comply world System’s functioning or performance.

2.2.3  Establishing a user account on the I Comply world System if it is unrelated to the User’s economic or professional activity, for example, Users are not permitted to create a user account on the iComply world System as a consumer.

3  RIGHTS AND OBLIGATIONS OF I COMPLY WORLD

3.1   We may, in our sole discretion, limit or terminate a User’s access to the iComply world System if:

3.1.1  The User has breached the Contract materially or has failed to remedy any breach within a reasonable timeframe set by us.

3.1.2  The User has submitted information that is illegal, false, deceptive, and/or inaccurate when registering as a user or using the iComply world System.

3.1.3  Any other occurrences that cause us to doubt the User’s reliability.

At any time, we have the right to monitor a User’s activity on the iComply global System. We have the right to examine all alleged Contract violations using any legal measures available to us.

3.2  iComply world owns all intellectual property rights connected to the I Comply world System. You have the right to use the iComply world System for the duration of the Contract’s validity.

3.3  The User shall ensure and guarantee that the use of the iComply world System does not infringe on our intellectual property rights. Otherwise, the User is responsible for any damages and other costs incurred as a result of the breach.

3.4  Any intellectual property that the User owns and that is included in the content given by the User via the I Comply world System remains the User’s property, but you grant us permission to use it:

3.4.1  To provide the Service to you.

3.4.2 As input data to machine learning model(s) that allow for the provision and improvement of the Service.

3.5  The User grants us permission to publicize the User’s company’s name as a user of our Service for marketing reasons. The User may revoke this right at any time by giving a written notification to iComply world.

4  FEE

4.1  When utilizing the Service, the User can choose from a number of various Service packages, each with its own set of prices. The descriptions of the packages, as well as their costs, can be found here: Pricing can be found at https://www.icomplyworld.com/pricing

4.2  iComply world may provide a 14-day free trial of the Service and the I Comply world System to the User. At any time, iComply world maintains the right to discontinue the free trial.

4.3  If the User wishes to use the iComply world System to manage several sites, the Service package charge will be doubled by the number of sites.

4.4  Any extra services ordered by the User will be subject to an additional price based on our rates.

4.5 All fees must be paid in full ahead of time. To order the Service, the User must select an acceptable package and a suitable payment method: by invoice (extra service costs may apply); by credit card (additional service fees may apply).

4.5.1   making a single payment with a credit card (Mastercard or Visa).

4.5.2  recurrent payments via credit card (Mastercard or Visa).

4.5.3  PayPal

4.5.4  Bank transfer

4.6   Payments are handled by the bank or a third-party payment service provider.

4.7  If the User chooses to pay by invoice, I Comply world will send an invoice with a due date in 7 business days after the User chooses this option. Failure to pay by the due date will result in the Service order being cancelled. The User will be unable to use the service.

4.8  At any time, I Comply World retains the right to adjust the costs for using the Service. Changes in the cost will be communicated to all Users at least 30 days in advance. If the User does not accept the revised fees, the Contract may be terminated. If the User does not submit a Contract cancellation notification to us at least 15 days before the new rates take effect, the User is deemed to have accepted the changed fees.

4.9 I Comply World has the right to change the fees for using the Service at any moment. All Users will be notified of any cost changes at least 30 days in advance. If the User refuses to accept the terms,

5  CUSTOMER SUPPORT AND CONTACT DETAILS

5.1  iComply world may give Users with up to 0.5 hours of free help per site for the purpose of resolving difficulties and issues that may arise while using the I Comply world System and Service. To use the support service, the User must contact iComply world by e-mail at info icomplyworld.com or through the I Comply world System’s live chat and describe the problem or malfunction. When utilizing the live chat, the User accepts that if iComply world is unable to answer promptly, iComply world will contact the User via the phone number or e-mail address that the User has provided.

5.2 During regular business hours, iComply world provides support (through live chat or e-mail).

5.3 We cannot guarantee that the information we offer is complete and sufficient. I Comply World will try everything possible to react to the User’s messages as accurately and fast as feasible.

5.4  The free support service does not cover answering content-related questions that may arise when the iComply world System is used; rather, iComply world aids in resolving various malfunctions in the I Comply world System and assisting Users in navigating the iComply world System within the scope of the free support service.

6  LIABILITY AND COMPENSATION FOR DAMAGES

6.1  We provide the content, services, and capabilities made available through the iComply world System or in connection with it, including the software, on a “as is” and “as available” basis, with no explicit or implied warranties.

6.2  We make no representations or warranties that the iComply world System is compatible with the User’s hardware and software, is always available or available at any given time, performs without interruption at all times, is secure or free of flaws, or fulfills your every need.

6.3 iComply world is not responsible for any failures or interruptions of the Service or the iComply world System but will do everything possible to ensure that any failure or interruption is addressed as soon as possible, and that the Service and the iComply world System are functioning properly. I Comply world will correct any urgent failures in the functioning of the Service that prevent the User from using the Service or the iComply world System within one (1) working day, or if this is not possible due to technical reasons, iComply world will notify the User when the Service and the iComply world System are functional again. Any such issues that prevent the Service or I from performing my obligations

6.4 Any liability of I Comply globe is excluded or limited to the maximum degree permitted by applicable legislation.

6.5 iComply world assumes no responsibility for the correctness of data placed into the iComply world System, or for the User’s compliance with legal obligations. Any complaints with supervisory authorities over compliance with legal requirements must be resolved at the User’s expense. Furthermore, the User is responsible for adhering to any precepts and paying any penalties or fines imposed on it as a result of any failure to comply with legal requirements. The parties agree that, under the Law of Obligations Act, iComply world is not in a particular position of trust with the User. Any and all data and content (including the Food Safety Management System and other food safety compliance)

6.6  The User agrees to reimburse us for all costs, damages, claims, and expenses (including legal fees) incurred as a result of the User’s direct or indirect breach of the Contract or any applicable legislation.

7  VALIDITY AND TERMINATION OF THE CONTRACT

7.1   The legal relationship between us and the User that develops from the User’s acceptance of these Terms has an indefinite duration.

7.2  iComply world and the User may terminate the legal relationship at any time by serving the other party with a notice to that effect.

7.3  If it becomes apparent that the User has committed a material breach of the Contract, in particular the provisions of section 2 of the Terms or has failed to remedy any breach of the Contract within 10 days after receiving a respective notice from us, iComply world may terminate the Contract without prior notice. Any prepaid costs will not be reimbursed to the User in this circumstance.

7.4  Users who have chosen the annual Service plan are only eligible for a return of prepaid payments if they cancel the Contract within one month of its end. If a User who has purchased an annual Service package ends the Contract after one month, no prepaid money will be reimbursed, and the User will be able to use the iComply world System until the end of the prepaid period.

7.5 Users who have chosen the monthly Service plan will not be returned their prepaid costs, and they will be able to use the iComply global System until the prepaid term expires. If iComply world terminates the Contract in the case referred to in subsection 7.2 of the Terms, the User may claim a refund of the prepaid services in the amount equaling the fee calculated from the date of termination of the Contract, until the date when the prepaid period expires.

7.6  iComply world will close the User’s user account and the User’s access to the user account in the cases described in subsections 7.2 and 7.3 of the Terms, but any data entered the I Comply world System for the purpose of providing the Service (other than personal data) will be retained for statistical purposes.

8  AMENDMENTS

8.1  We may unilaterally update the Terms from time to time to comply with legal requirements, reflect changes in our Services or iComply global System, changes in our business model, or other comparable conditions. Any changes to the Terms will take effect once you have made the iComply world application or the I Comply world System user account available to you via e-mail and have continued to use the Service.

8.2 We will publish the amended Terms on the iComply world website and give you at least 14 (fourteen) days’ notice if we alter the Terms. You will be deemed to have accepted the modified Terms if you continue to use the Service after 14 (fourteen) days of receiving said notification.

9  GOVERNING LAW

9.1   This Terms of Use shall be governed and construed in accordance with the laws and regulations in force from time to time in the Emirate of Dubai and the United Arab Emirates.

10  DISPUTE RESOLUTION

10.1 The Parties shall endeavour to resolve all disputes or differences in relation to this MOU and its interpretation or application through good faith commercial negotiations and shall use their best endeavors to settle the dispute amicably. The Parties may refer the dispute to a mutually agreed third party to settle it amicably, without thereby prejudicing their right to submit the dispute to the courts according to the following clause.

10.2 Any dispute connected with the formation, performance, interpretation, nullification, termination, or invalidation or arising therefrom or related thereto in any manner whatsoever, which has not been resolved pursuant to clause 10.1 above, shall be settled by exclusive jurisdiction of the courts of Dubai.