Important – please read these terms carefully. By
accessing or using the Service (as defined below), you agree that you have
of Use”) on behalf of yourself or the legal entity which you represent (as the
case may be). You warrant that you have the right, authority and capacity to
represent (as the case may be). You further agree to the representations made below
in respect of yourself or the legal entity which you represent (as the case may
Your use of the Service conditioned upon your
Service and wish to discontinue using the Service, please do not continue
accessing or using the Application (as defined below) and the Service (as
terms by which FliQCard offers to you the use of the Service.
The Company offers for your access and use the
website, www.fliqcard.com (“Website”) and the FliQCard mobile application
(“Application”) and all services and any other features, technologies and/or
functionalities offered on the Website and the Application which, individually
and collectively, form the digital name card, social, and marketing platform,
created, established, provided and maintained by the Company.
The Service has features including, but not
limited to, a social platform to share personal stories and media, exchange and
store contact details with another party and communicate with another User (as
defined below), and a marketing platform to advertise and consume marketing messages,
communication, and adverts, and a database to store employee and customer
relationship management (CRM) data, the identity details of another party or
User whom the employee shares or exchanges his/her digital name card with and
the time of such sharing and exchange.
In order to become an authorised User (as defined
below) of the Service, you must:-
(a)read the terms and conditions stated in these
(b)be at least eighteen (18) years old or older,
(c)list your correct country of origin in your
Please note that by registering an Account you
will be deemed to have read, thoroughly understood, and fully and
Terms & Conditions
expressions and abbreviations shall have or bear the meanings assigned to them
(a)"Account" means a personal FliQCard
account, set up in order for User (as defined below) to use the Service.
(b)"Account Profile" means, if
you are an individual, the location on the Application or if you are a legal
entity, the location on the Website, where you can, after logging in, view and
manage your profile, including your personal information, payment method
details, topping up your Account, and manage your Account settings including
your notification preferences and application programming interface (API)
(c)"Application," means the FliQCard
(d)“Business Days” means Monday through Friday,
except such days gazetted as public holidays.
(e)"Communications" means any
Account or transaction information that the Company provides to you, including:
any Policies you agree to, including updates to these Policies; annual
disclosure; or any information we are required to make available to you in any
form for any purposes and any information transmitted to you through the
"us" or "our" means FliQCard
(g)"Days" means calendar days.
(h)"Information" means any Account
information that you provide to us, including but not limited to personal
information, financial information, or other information related to you.
(i)"Intellectual Property Right"
means all patents, rights to inventions, utility models, copyright and related
rights, trade marks, service marks, trade, business and domain names, rights in
trade dress or get-up, rights in goodwill or to sue for passing off, unfair
competition rights, rights in designs, rights in computer software, database
rights, topography rights, moral rights, rights in confidential information and
any other intellectual property rights, in each case whether registered or
unregistered and including all applications for and renewals or extensions of
such rights, and all similar or equivalent rights or forms of protection in any
part of the world.
(j)"Plan" or "Plans"
means the ‘Team’, ‘Startup’’, ‘Scaleup’ and/or ‘Corporation’ plans or such
other plans as may be offered by the Company on the Service for subscription.
(k)"Policy" or “Policies”
means any Policy or other agreement between you and the Company that you
entered into on the Website, or in connection with your use of the Services.
(l)“Service” means the Website and the
Application and all services and any other features, technologies and/or
functionalities offered by us on the Website and the Application.
(m)“Subscriber” means the person or legal
entity subscribing to the Plan.
(n)“User”, “you” or “your”
means the person using the Service having a registered Account or having subscribed
to a Plan with the Company.
(o)“User Content” means any and all texts,
images, videos, audio, and other content in whatsoever form that a User submits
to, shares on or uses with the Service.
(p)“Website” means www.fliqcard.com.
1.1By registering an Account or by accessing and
using the Service, you agree to accept the terms and conditions stated in these
necessary to use the Service.
2.1In order to register and maintain an Account as
well as access and use the Services, you must provide us with correct, complete
and updated Information.
2.2It is your responsibility to keep your
Information up-to-date so that the Company can communicate with you via the
contact information provided by you. You understand and agree that if the
Company sends you any form of Communications but you do not receive it due to
your Information being incorrect, out of date, blocked by your service
provider, or you are otherwise unable to receive Communications, the Company
will be deemed to have effectively provided and delivered the Communications.
Please note that if you use a spam filter that blocks or re-routes emails from
senders not listed in your email address book, you must add the Company to your
email address book so that you will be able to view the Communications.
2.3You can update your Information at any time by
logging into the Application and Website.
2.4By registering an Account or by accessing and
using the Service, you also agree that any and all disclosures and
Communications regarding the Service between you and us, including matters
case, by posting in the Application and to the Website in accordance with
applicable law. Any electronic disclosure or Communications we make by posting
in the Application and Website shall be deemed as made when posted by us
without first referring to you or informing you.
2.5YoYou authorise the Company to make any
inquiries we consider necessary to validate your identity, whether directly or
through third parties. This may include asking you for further Information or documentation,
requiring you to provide your company registration number or national
identification card number, requiring you to take steps to confirm ownership of
your phone number, email address or financial instruments, by ordering a credit
report or verifying your Information against third party databases or through
2.6If your credit card number or expiration date
or other information changes, you are required to update the Information to
ensure continuous uninterrupted usage of the Service.
3.Information, Account, and User Content
3.1You warrant that:
(a)the Information provided by you are correct,
complete and accurate, and the User shall ensure the continuous correctness,
completeness and accuracy of the Information; and
(b)you shall provide any and all information as
prompted or requested by the Service and/or the Company.
3.2You are required to register an Account on the
Service in order to access and/or use certain features of the Service.
3.3You acknowledge and agree that you shall be
solely responsible for ensuring the confidentiality of your Account login
credentials, and shall be fully responsible for all activities under your
Account. You agree to immediately notify the Company of any unauthorized use,
or any suspected unauthorized use of your Account or any other such breach of
3.4You shall be solely responsible for the User
Content. You agree that you shall assume and accept all risks associated with
the use of the User Content.
3.5You hereby represent and warrant that the User
local laws and regulations.
3.6You hereby grant, and represent, and warrant
that you have the right to grant, to the Company, the right to use, copy,
modify, create derivative works of, distribute, publicly display, publicly
perform, and distribute in any manner the User Content without further notice
to or consent from you, solely for the purposes of the Service.
3.7The Company reserves the right, but shall have
no obligation, to review the User Content, investigate, and/or take appropriate
action against such User in its sole discretion, including removing or
modifying the User Content, terminating such User’s Account, and/or reporting
such User to the relevant authorities in the event any such User violates these
3.8All rights in and to the User Content not
expressly granted to the Company herein are reserved by the User.
4.In Case of Errors or Questions about the Service
4.1All questions about transactions made with the
Service must be directed to us. We are responsible for the Service, answering
queries regarding the Service and resolving any errors in transactions made
with the Service.
4.2Questions about payments made through the
Service can be directed to the Company by telephone or via email as follows:
E-mail : email@example.com
5.1Online registration for the Service is provided
in utmost good faith and belief in the User's identity. The Company accepts no
responsibility or liability whatsoever if it is later shown that any such
online registration was frivolous, vexatious or fraudulent, or done without
your knowledge or consent.
5.2At all times, we will not be liable:
(a)If the failure is caused by an act or omission
of someone other than us, such as (for example) your provider of
telecommunications services, Internet access or computer equipment or software;
(b)If circumstances beyond our control (such as, a
fire, flood or other natural disaster, war, riot, strike, act of civil or
military authority, equipment failure, computer virus, or failure or
interruption of electrical, telecommunications or other utility services)
interfere with the Service, despite reasonable precautions that we have taken;
(c)If your Account is subject to legal process or
other restriction on access;
(d)If you do not comply with the requirements of
(e)If you had an opportunity to avoid or reduce
any such losses or damages and failed to do so.
5.3The Company shall not be liable to the User,
whether in contract, tort (including negligence) or restitution, or for breach
of statutory duty or misrepresentation, or otherwise, for any of the following
suffered by the User that arises under or in connection with the Service:
(a)any loss of profit, loss of goodwill, loss of
business, loss of market, loss of data, loss of business opportunity, loss of anticipated
saving, loss of contract, or other intangible losses;
(b)any special, indirect or consequential damage
or pure economic loss, costs, damages, charges or expenses;
(c)any damages related to your access to, use of
or inability to access or use the Service or any part thereof, including
without limitation interruption of use or cessation or modification of any
aspect of the Service;
(d)any damages related to loss or corruption of
any content or data, including without limitation User Content;
(e)any User Content or other conduct or content of
any other user or third party using the Service, including without limitation
defamatory, offensive or unlawful conduct or content; or
(f)any third party services, including but not
limited to the Payment Gateway (as defined below) or third party sites accessed
via the Service or otherwise in the course of accessing or using the Service.
5.4You are responsible for all liability incurred
by the Company or a third party caused by or arising out of your breach of
reimburse and indemnify the Company or a third party for any and all such
5.5Any instructions given by you on your Account
(whether verbal or in writing) once you have been authenticated will be relied
on by the Company. The Company will not be liable for any loss or damage you or
anyone else suffers where the Company acts on those instructions in good faith.
5.6If the Company, in its sole discretion, believes
that you may have engaged in any illegal activities, we may take various
actions to protect the Company, affiliates, other third parties or you from
fines, penalties and any other liability. The actions we may take include but
are not limited to the following:
(a)We may close, suspend, or limit your access to
your Account or the Service;
(b)We may refuse to provide the Service to you now
and in the future; and
(c)We may hold your funds or any monies due to you
(if any) for a period of time reasonably needed to protect against the risk of
liability to the Company or a third party, or if we believe that you may be
engaging in potentially fraudulent or suspicious activity and/or transactions.
6.1You shall at all times indemnify and keep indemnified
the Company from and against any and all losses and damages, costs (including
reasonable legal fees), charges, claims and expenses arising from your breach
or non-compliance of any term, obligation, warranty and/or undertaking
hereunder, provided that such breach or non-compliance is not attributable to
7.Fees and Subscription
7.1We do not charge you any fees to access and use
certain features of the Service. For example, you may create a digital name
card and share or exchange such digital name card.
7.2However, there are some features on the Service
(“Paid Features”) which will require you to subscribe to a Plan before
you can access and use such features. For example, access to your company’s
network and your employee’s connections.
7.3You may subscribe to any of the Plans on the
Service to access and use the Paid Features. The fee payable for such Plans (“Fee”)
are as stated on the Service and the Fee shall be payable in advance on a
monthly or annual interval as may be selected by you.
7.4The Fee shall be exclusive of any applicable
government, state, local or other taxes (“Taxes”). You agree to bear the
Taxes, and the Company shall be entitled to charge the Taxes in addition to the
Fee as and when required to do so.
Payment of Fee
7.5The invoice shall be made available to you on
your Account at such selected intervals and such invoice shall be settled
within seven (7) days of the date of such invoice, failing which we shall be
entitled to suspend or terminate your Plan.
7.6All payment made on the Service shall be made
through a third party payment gateway (“Payment Gateway”) used by the
Company. As such, all payments shall be subject to the terms, conditions and
Company shall not be liable for the security or performance of the Payment
7.7You agree to pay us the Fee through the Payment
Gateway and you further agree to make such payment using the credit card or
other payment method provided by you for such purpose.
7.8A receipt from the Company in respect of each
payment made shall be made available to you on your Account upon each
successful payment made.
Additional Terms and Conditions
7.9If applicable, your subscription to a Plan, the
Fee payable pursuant to such Plan and the payment manner and method, and these
Company to you as expressly stated in such quotation, including but not limited
to, any provision related to credit terms offered by the Company to you or any
additional fee that may be chargeable by the Company to you.
7.10Your acceptance of such quotation and your
continuing subscription to the Plan shall be deemed as your acceptance to the
terms and conditions stated in such quotation.
7.11For the avoidance of doubt, save as expressly
remain in full force and effect.
7.12In the event of conflict between the quotation
at all times.
Cancellation or Termination of Plan
7.13Your access and use of the Paid Features shall
remain in effect until you cancel or terminate your Plan in accordance with these
7.14The Company reserves the right to make any
changes to the Fee and/or the Plans at any time and in the sole discretion of
the Company, and the Company shall notify you in prior in the event of such
8.No Unlawful or Prohibited Use
8.1You agree that you shall not use the Service
for any purpose that is unlawful or prohibited by any applicable laws or
9.Privacy of Information
9.1You acknowledge and agree that the Company may
receive, collect, process, use, retain and disclose your private and
confidential Information in connection with your use of the Service.
9.2The Company’s collection, processing, use,
retention and disclosure of such private and confidential Information shall be
9.3By accessing and using the Services, you are
10.1The Company makes no warranties, either
express or implied, about the Service. The Service are provided on as “as-is”
basis and hereby disclaims, in respect of the Services, all warranties, terms
or representations whether express or implied, including, but not limited to,
any warranties, terms or representations in respect of or in connection to any
merchantability and useability, security of data, fitness for any particular purpose,
error-free, lack of viruses, security of internet connection and
10.2In addition to and without derogating from the
generality of the foregoing, the Company, in particular, makes no warranty or
representation that the Service will:
(a)be timely, uninterrupted or error-free;
(b)meet your requirements or expectations or be
adequate and appropriate for your purposes;
(c)be compatible with your equipment, hardware,
software or telecommunication connection.
11.1Save for the User Content, the User
acknowledges that all Intellectual Property Rights in and to the Service,
including but not limited to its source code, technology and design, are owned
by the Company.
be deemed to transfer to the User or any third party any rights, title or
interest in or to such Intellectual Property Rights. The User agrees that it
shall not be entitled to use the Intellectual Property Rights without the
express agreement of the Company.
11.3Except as expressly granted in these Terms of
Use, all rights, title and interest in and to the Service, and in and to the
Intellectual Property Rights are reserved by the Company.
12.No Unlawful or Prohibited Use
the Service shall be governed by the law of Oman. Parties submit to the
exclusive jurisdiction of the Oman courts.
13.No Unlawful or Prohibited Use
13.1In the event that any provision of these Terms
of Use or part thereof is determined to be invalid or unenforceable, the
Company and the User agree that such provision or part thereof shall be
severable, and the remaining provisions herein shall continue to be in full
force and effect.
14.No Unlawful or Prohibited Use
14.1You may not directly or indirectly assign,
transfer or otherwise dispose of any of your rights under or interest in, or
any of your obligations or liabilities under, or in connection with, or arising
14.2The Company may at any time assign, licence or
novate any of its rights under or interest in, or any of its obligations or
liabilities under, or in connection with, or arising out of, these Terms of
Use. For the avoidance of doubt, the Company may sub-contract the provision of
the Services or any part thereof to any third party without the prior consent
of and notification to you.
15.No Unlawful or Prohibited Use
To the Service
15.1The Company reserves the right at any time to
change or discontinue any aspect or feature of the Service, including but not
limited to, contents, hours of availability and software and hardware required
for access to and utilisation of the Services.
15.2The terms and conditions herein may be added
to, deleted or amended by the Company at its sole discretion at any time. You
will be deemed to have had notice of any such additions, deletions or
amendments upon the posting thereof on the Website. If you do not agree with any
such additions, deletions or amendments, you may terminate your subscription to
the Service in the manner provided below. If you do not do so and continue to
use the Service then you shall be deemed to have agreed to the additions,
deletions or amendments.
16.No Unlawful or Prohibited Use
16.1You may delete your Account or unsubscribe to
your Plan at any time on the Service or by contacting us (as applicable).
16.2In the event of any cancellation or
termination of your Plan, the Company shall not be liable to, and you shall not
be entitled to receive any, refund of the Fee paid to the Company unless
otherwise agreed by the Company in its sole discretion.
16.3The Company reserves the right to suspend or
terminate your Account, Plan or the Service at any time and in its sole
discretion, and without prior notice to you in the event you breach any of the
16.4In addition to and without derogating from the
above, the Company, in its sole discretion, reserves the right to terminate
Account or Plan for any reason and at any time. Further, you acknowledge that
the Company’s decision to take certain actions, including limiting access to
your Account, placing holds or imposing suspensions on your Account or Plan or
your access to the Service, may be based on confidential criteria that is
essential to our management of risk, the security of your Account and the
Company system. You agree that the Company is under no obligation to disclose
the details of its risk management or its security procedures to you. If we
limit access to your Account, including through a hold or suspension of your
Account, we may provide you with notice of our actions, and the opportunity to
request restoration of access if, in our sole discretion, we deem it
16.5You may not evade an investigation by closing
or deleting your Account. If you close or delete your Account while we are
conducting an investigation, we may hold your funds or any monies due to you
(if any) to protect the Company, its affiliates or any third party against the
risk of reversals, chargebacks, claims, fees, fines, penalties and other
liability. You will remain liable for all obligations related to your Account
even after the Account is closed or deleted.
17.No Unlawful or Prohibited Use
17.1No delays or omission by us in exercising any
rights or remedies provided herein will impair such right or remedy or be
construed as a waiver of any such right or remedy. If we exercise any right or
remedy, in whole or in part, that exercise will not prevent us from any further
or future exercise of such right or remedy or any other right or remedy. No
waiver will be valid unless provided in writing and signed by us.
18.No Unlawful or Prohibited Use
18.1Sections headings and sub-headings are
included herein for convenience and reference only.
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