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Terms of use

The terms that govern your access to and use of the IncrementumME website.

01Acceptance of these Terms

1.1

These Terms of Use (the "Terms") govern your access to and use of incrementumme.com (the "Website"), which is operated by IncrementumME FZ-LLC, a free zone limited liability company incorporated on 10 September 2024 and registered with the Ras Al Khaimah Economic Zone Authority (RAKEZ), Government of Ras Al Khaimah, under registration number 0000004056055 ("we", "us" or "our").

1.2

By accessing or using the Website you agree to be bound by these Terms, our Privacy Policy and our Cookie Policy, each as amended from time to time. If you do not agree, you must stop using the Website immediately.

1.3

If you use the Website on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these Terms, and references to "you" include that organisation.

1.4

You must be at least 18 years of age and have legal capacity under the laws of the UAE to accept these Terms.

02Definitions and interpretation

Content
All text, graphics, images, photographs, logos, trade names, data, software, page layouts and other material made available on or through the Website.
Engagement Letter
A written agreement signed by IncrementumME and a client that sets out the scope, deliverables, fees and terms of any professional services.
Intellectual Property Rights
Copyright, trade marks, trade names, rights in designs, rights in databases, know-how and all other intellectual property rights, whether registered or not, anywhere in the world.
Submission
Any information, data, document or other material you send to us through the Website or by email in connection with it.
User
Any person who accesses or uses the Website.
2.1

Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and the reverse. The words "including" and "include" are illustrative and do not limit the words that precede them.

2.2

A reference to a law includes that law as amended, extended or re-enacted, and any subordinate legislation made under it.

03Nature of the Website

3.1

The Website provides general information about IncrementumME, our approach and the services we offer. The Content is provided for information purposes only and is not intended to address the circumstances of any particular person or organisation.

3.2

Nothing on the Website constitutes business, financial, investment, legal, tax, regulatory, technical or other professional advice, a recommendation, an offer to provide services, or a solicitation. You should obtain advice specific to your circumstances before acting or refraining from acting on the basis of any Content.

3.3

Your use of the Website, or any Submission, does not create a client relationship or any fiduciary, advisory or other duty owed by IncrementumME. We provide professional services only under a signed Engagement Letter. If there is any conflict between these Terms and an Engagement Letter, the Engagement Letter prevails.

04No guarantee of results

4.1

Descriptions of our method, focus areas, case studies, outcomes and measures on the Website are illustrative. They describe how we work and the kinds of results we aim to achieve. They are not a promise, warranty or guarantee that any particular result, return on investment or performance improvement will be achieved for you.

4.2

Any outcome of an engagement depends on factors specific to the client, including its data, systems, people, decisions and market conditions, many of which are outside our control. Past results are not an indication of future results.

05Intellectual property

5.1

The Website and all Content, and all Intellectual Property Rights in them, are owned by or licensed to IncrementumME. They are protected by the laws of the UAE, including Federal Decree-Law No. 38 of 2021 on Copyrights and Neighbouring Rights and Federal Law No. 36 of 2021 on Trademarks, and by international treaties.

5.2

"IncrementumME", the IncrementumME logo and related marks are trade marks or trade names of IncrementumME. Third-party photographs and other licensed material are used under licence. Nothing in these Terms grants you any right or licence to use any of them, whether by implication, estoppel or otherwise.

5.3

You may view the Website and print or download extracts for your own internal, non-commercial reference, provided you do not modify them and you keep all copyright and proprietary notices intact.

5.4

You must not, without our prior written consent, reproduce, distribute, republish, transmit, frame, mirror, adapt, translate, create derivative works from, sell, license or otherwise commercially exploit any Content, or use any Content to train, test or improve any artificial intelligence or machine learning model.

06Acceptable use

6.1

You must use the Website only for lawful purposes and in accordance with these Terms. In particular, you must not:

  1. use the Website in any way that breaches any law of the UAE, including Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes, or any other applicable law or regulation;
  2. attempt to gain unauthorised access to the Website, its servers, databases or any connected system, or probe, scan or test its vulnerability;
  3. introduce any virus, trojan, worm, malware or other harmful code, or carry out any denial-of-service or similar attack;
  4. use any robot, spider, scraper, crawler or other automated means to access, monitor, collect or copy Content or data from the Website, except for search engine indexing in accordance with our robots instructions;
  5. submit any material that is false, misleading, defamatory, obscene, discriminatory, infringing or otherwise unlawful, or that you do not have the right to share;
  6. impersonate any person or organisation, or misrepresent your affiliation with any person or organisation;
  7. use the Website to send unsolicited commercial communications or to collect information about other Users; or
  8. interfere with, disrupt or place an unreasonable load on the Website or its infrastructure.
6.2

We may monitor use of the Website for security and compliance purposes, in accordance with our Privacy Policy.

6.3

We may suspend or restrict your access to the Website at any time, without notice or liability, if we reasonably believe you have breached these Terms, and we may report any suspected breach of law to the competent authorities and cooperate with them.

07Submissions

7.1

You are responsible for each Submission, including its accuracy and lawfulness. You must not submit confidential information or Personal Data belonging to a third party unless you are authorised to do so.

7.2

A Submission made before an Engagement Letter is signed is not received under any duty of confidentiality owed to a client. We will nonetheless handle it with care and in accordance with our Privacy Policy. Please do not send highly confidential, commercially sensitive or price-sensitive information until an appropriate confidentiality agreement is in place.

7.3

If you send us feedback, ideas or suggestions about the Website or our services, you agree that we may use them without restriction or any obligation to you.

08Linking to the Website

8.1

You may link to the Website's home page, provided you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it.

8.2

You must not establish a link in a way that suggests any form of association, approval or endorsement on our part where none exists, and you must not frame the Website on any other site. We may withdraw linking permission at any time.

10Availability, security and changes

10.1

We may change, update, suspend or withdraw the Website or any Content at any time, without notice and without liability. We do not guarantee that the Website or any Content will be available at all times, uninterrupted, secure, accurate, complete, up to date or free from errors, viruses or other harmful components.

10.2

You are responsible for configuring your own information technology to access the Website, for using appropriate virus protection, and for any costs you incur in accessing it.

11Disclaimer of warranties

11.1

To the fullest extent permitted by the laws of the UAE, the Website and all Content are provided on an "as is" and "as available" basis. IncrementumME excludes all warranties, representations, conditions and other terms, whether express or implied by law, custom or otherwise, including as to accuracy, completeness, timeliness, satisfactory quality, fitness for a particular purpose and non-infringement.

12Limitation of liability

12.1

To the fullest extent permitted by the laws of the UAE, IncrementumME and its partners, officers, employees, agents and licensors shall not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with:

  1. your use of, or inability to use, the Website;
  2. your reliance on any Content;
  3. any interruption, suspension or unavailability of the Website, or any loss or corruption of data; or
  4. any virus or other harmful material transmitted through the Website or any linked website.
12.2

Without limiting the clause above, we shall not in any circumstances be liable for any loss of profit, revenue, business, contracts, anticipated savings, data or goodwill, or for any indirect, special or consequential loss.

12.3

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the laws of the UAE, including any liability that may not be excluded under Article 383 of Federal Law No. 5 of 1985 on Civil Transactions, or liability for fraud or wilful misconduct.

13Indemnity

13.1

You agree to indemnify and hold harmless IncrementumME and its partners, officers, employees and agents against all claims, demands, losses, liabilities, damages, penalties, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms, your misuse of the Website, or any Submission you make.

14Privacy and cookies

14.1

Our Privacy Policy explains how we process Personal Data, and our Cookie Policy explains the technologies used on the Website and how you can control them. Both are incorporated into these Terms by reference.

15Electronic communications and notices

15.1

You agree that communications between you and IncrementumME may be made electronically and that such communications satisfy any legal requirement for writing, in accordance with Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services.

15.2

Notices to IncrementumME under these Terms must be sent to enquiry@incrementumme.com. We may give notice to you at the email address you have provided or by publishing it on the Website.

16General

16.1

Severability. If any provision of these Terms is found by a competent court to be invalid, unlawful or unenforceable, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.2

No waiver. A failure or delay by us in exercising any right or remedy under these Terms does not waive that right or remedy, and a single or partial exercise does not prevent its further exercise.

16.3

Assignment. We may assign, transfer or subcontract any of our rights or obligations under these Terms. You may not do so without our prior written consent.

16.4

Force majeure. We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, epidemic, war, terrorism, civil unrest, government action, failure of utilities or telecommunications, or cyber attack.

16.5

Third-party rights. A person who is not a party to these Terms has no right to enforce any of its provisions.

16.6

Survival. The provisions on intellectual property, disclaimer, limitation of liability, indemnity, governing law and jurisdiction, and any other provision that by its nature should survive, survive any suspension or termination of your access to the Website.

16.7

Entire agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and IncrementumME regarding your use of the Website and supersede any prior understanding on that subject.

16.8

Language. These Terms are written in English. If they are translated into Arabic or another language and there is any inconsistency, the English version prevails to the extent permitted by applicable law.

17Changes to these Terms

17.1

We may amend these Terms at any time by publishing a revised version on the Website. The version number and effective date at the top of this page indicate when they were last revised.

17.2

Revised Terms take effect when published. Your continued use of the Website after that date constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Website.

18Governing law and dispute resolution

18.1

These Terms, and any dispute or claim, including non-contractual disputes or claims, arising out of or in connection with them, their subject matter or formation, are governed by and construed in accordance with the laws of the Emirate of Ras Al Khaimah and the applicable federal laws of the UAE.

18.2

Before starting any court proceedings, the parties shall try in good faith to resolve the dispute by negotiation for a period of 30 days from written notice of the dispute.

18.3

Subject to the clause above, the courts of the Emirate of Ras Al Khaimah have exclusive jurisdiction to settle any such dispute or claim.

19Contact

19.1

Questions about these Terms should be sent to enquiry@incrementumme.com.

If you have any question about this document, contact enquiry@incrementumme.com. See also our Privacy policy and Cookie policy.