USER AGREEMENT of the GoBot
(General terms and conditions)
1. INTRODUCTION
1.1. This User agreement of the GoBot (hereinafter referred to as the “User agreement”) is made and entered into between you as a user of this website (
gobot.ae) and / or the mobile application named “GoBot” that is available on Google Play for Android platform (via the following link
https://play.google.com/store/apps/details?id=ct.pro.goball&hl=ru) and on Apple Store for IOs platform (via the following link
https://apps.apple.com/ru/app/goball-next-sport/id6743632607) (hereinafter referred to as the “GoBot ” or the “Platform”) and the service provider of the Platform – E.Z.F - INVENT Free Zone Establishment - Limited Liability (registration number (Business License) 40137) (hereinafter referred to as the “Service provider”, “we”, “us”) - a legal entity incorporated under the laws of the United Arab Emirates address at: Ajman Free Zone C1 Building, UAE on terms of the User agreement.
1.2. By accessing, downloading, installing, launching and / or using the Platform itself or any services offered, performed or executed on the GoBot regardless by the Service provider, by third parties and by other Users, their individual functions, or by providing their user data, content, you are accepting the terms of the User agreement and the Documentation (as defined in chapter 2 of the User agreement) in full.
1.3. The use of the Platform is governed, among other things, by the User agreement, the Privacy policy and other Documentation (as defined in chapter 2 of the User agreement) posted by the Service provider on the Platform.
1.4. The Service provider constantly improves the Platform and reserves the right to add, change, replace or revise provisions of the User agreement and the Documentation (as defined in chapter 2 of the User agreement) which to be read, understood and accepted by all the users of the Platform. The new versions of the documents named in this clause come into force from the moment they are published on the Platform.
1.5. If you do not understand, agree and accept the User agreement and / or any provisions of the User agreement and / or changes due the clause 1.4 of the User agreement, you shall not use the Platform and / or any features and services offered or executed on the GoBot, leave the Platform immediately and uninstall / delete the Platform’s program components from your device.
2. DEFINITIONS
“Account” – a unique account created for and or by the User on the GoBot to access the GoBot and the Services.
“Bonus program” – a promotional program announced by the Service provider to promote or encourage specific actions or behavior of the Users or Partners on terms of the corresponding Bonus program rules.
“Content” – any materials (texts, graphics, audios or other materials) that the Users or the Service provider upload to the Platform and that other users of the Platform can access. Text and graphic information, as well as trademarks and brand names belonging to the Service provider are not considered as the Content.
“Documentation” – agreements, offers and other documents published and publicly available for review and acceptance on the Platform, including the User agreement, the Privacy policy, license agreements, Bonus program rules.
“Partner” – a legal entity, individual entrepreneur or self-employed person who has undertaken to provide the Users with the opportunity to purchase goods and services and promote their goods and services, who has posted information about their products, works, and services offered to the Users as part of the Partner program in the Platform.
“Partner network” – a list of the Partners participating in the Partner program as a single mechanism for marketing incentives to the Users within the certain Bonus program.
“Partner program” – a business development program announced by the Service provider to cooperate with the Partners on development of the User’s experience of accessing the Services.
“Privacy policy” – the document that sets and defines terms of processing of personal data of users of the Platform that is available via the following link
https://gobot.ae/privacy_policy.
“Services” - services offered, performed or executed on the GoBot regardless by the Service provider, by third parties and by other Users.
“You” (also the “User”, “you”) – the individual, or the company, or other legal entity on behalf of which such individual is accessing or using the GoBot.
3. GENERAL TERMS AND CONDITIONS
3.1. The User agreement defines the terms and conditions for using the Platform at any forms by the User.
3.2. The User’s registration (creating the Account) is free and voluntary and is to be performed in the interface of the Platform. When registering, the User provides the GoBot with reliable and up-to-date information for creating the User's Account, personal page, username, password, email address, last name, first name (nickname). The user is fully responsible for the accuracy, relevance, completeness and compliance with the law of the information provided during registration and its purity from claims and rights of third parties. The Platform has certain requirements for a password or any other User identification that will be specified during registration to the User.
3.3. The Platform prohibits individuals who has not reached the age of 18 to use the Platform and / or to access the Services and offers on the Platform.
3.4. The Account contains a set of protected mobile app and web pages created as a result of the User’s registration, login and password (authentication), using which the User can access the Platform. Access to the Accounts is carried out by electronic authentication - entering unique identification data (username and password) in the fields provided for this in the Platform’s interface.
3.5. In order to download the mobile application mentioned in clause 1.1 of the User agreement to the User's device, the User may need an ID, username, cell phone number, password, Apple ID or a single account on the Google service accesses.
3.6. You are solely responsible for keeping safe and not disclosing at any form the data and accesses set in the clause 3.5 of the User agreement.
3.7. The GoBot and / or the Service provider are not responsible for any kind of damage resulting from unauthorized use of the data and accesses set in the clause 3.5 of the User agreement.
3.8. We provide the Users with the opportunity to create in the Platform publications about their products, goods and services, or to create the Content, which is expressed in posting a review, recommendation about an event in the form of text and / or graphic information: picture, art, photo, 3D photo, video.
3.9. Unless otherwise expressly provided by the separate agreement or offer between corresponding parties of the named agreement, the Service provider is not the administrator of promotions, bonus program or the seller of any goods or the contractor of any services.
3.10. All obligations regarding the information, the offer of the corresponding goods or services contained in the Platform arise between the User and the Partners due corresponding legal binding acts. The Service provider is not responsible for the validity and enforceability of the obligations and information named in this clause.
3.11. By accepting this User agreement, the User agrees that the Service provider is entitled to transfer its rights and obligations under the User agreement to any third party without prior consent the User. This clause constitutes the User's consent to transfer rights to claim to a third party in accordance with applicable law with no additional User’s consent. The User does not have the right to transfer rights and obligations under the User agreement to any third party without prior consent the User.
3.12. Information about the User provided to the GoBot is stored and processed by the Service provider in accordance with the Privacy policy. Information about the User provided to the Partner and / or its represented service is stored and processed in accordance with the privacy policy in each case on the corresponding Partner's and / or the named services’ website which the User is obliged to read, understand and accept before the provision of the User’ information. The User is solely responsible to make all required legal researches, has no right to disclose or provide information if that violates rights and legitimate interests of a third parties and solely responsible for all consequences of this violation.
4. THE USER’S CONTENT
4.1. The User is solely responsible for compliance of the Content posted by the User with the requirements of current legislation, including liability to third parties in cases when the User's posting of a particular Content or other Content violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties and / or encroaches on their intangible benefits.
4.2. The User acknowledges and agrees that the Service provider has the right (but not the obligation) at its sole discretion to refuse the User to post and / or distribute the Content or remove any content, without prior notice to the User and without explanation. The User is aware of and assumes the responsibility to independently assess all risks associated with the use of the Content, including the reliability of the source of information, completeness and truthfulness of the information.
4.3. The User as the owner (or the legal representative of the owner) of the Content is aware that except for the cases established by the current legislation the Service provider does not participate in the formation and use of the content and does not control the access of other Users to the User's Content. By posting information, images on the Platform, including their user data, the User understands and agrees that this information may be available to other Internet users, taking into account the features of the Platform’s functionality.
4.4. The User by posting, sharing or uploading a Content lawfully belonging to him (including the publication of the review, announcements, feedback, evaluation, etc.) gives other Users a non-exclusive, transferable, royalty-free, worldwide right to use, host, distribute modify, copy it exclusively in the context of the Platform functionality, by viewing, playback (including copying) and other rights solely for a noncommercial use with terms set in clause 4.6 of the User agreement, except the cases when such use causes or may cause harm to legally protected interests of the Service provider.
4.5. If the User deletes the Content from the Platform, the non-exclusive right will be automatically revoked, but the Service provider reserves the right to keep archived copies of the Content for the required period if necessary due to the technical features of the Platform.
4.6. The User's use of the Content access to which is obtained solely for a non-commercial use, is allowed under condition of preservation of all signs of authorship or other notices of authorship, saving the author's name intact, preserving works unchanged, specifying the source (link in the Internet, website, platform and so on), where the information that constitutes the Content and how is copied information.
4.7. The User shall not publish the Content of other authors, sites, or distribute other results of intellectual activity in the absence of the consent of the corresponding copyright holder to such actions and solely responsible for any breaches of intellectual property laws.
4.8. It is forbidden to publish the Content that:
4.8.1. promotes violence, cruelty, hatred and / or discrimination on racial, national, sexual, religious, social grounds;
4.8.2. contains false information and / or insults to specific individuals, organizations and authorities;
4.8.3. encourages performance of illegal actions, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions, in accordance with current legislation;
4.8.4. violates the rights of minors and / or causes them harm in any form;
4.8.5. infringes on the rights of minorities;
4.8.6. the User does not have the right to make available under current legislation or under any contractual relationship;
4.8.7. unlawfully affects and / or contains any patent, trademark, trade secret, trade name, copyright and related rights, as well as other intellectual property rights owned or legally used by third parties without proper consent and / or license;
4.8.8. contains threats, discredits, insults, defames the honor and dignity or business reputation, or violates the privacy of the other Users or third parties;
4.8.9. vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature, including those involving minors;
4.8.10. contains scenes of inhumane treatment of animals;
4.8.11. contains a description of the means and methods of suicide, any incitement to commit it;
4.8.12. contains extremist materials;
4.8.13. promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts;
4.8.14. contains information of restricted access, including, but not limited to state and commercial secrets, information about the private life of third parties;
4.8.15. contains advertising or describes the attractiveness of the use of narcotic substances, information about the distribution of drugs, recipes for their manufacture and tips on use;
4.8.16. may potentially lead to performance of illegal actions by misleading the User or abusing their trust;
4.8.17. expressed in the collection and processing of personal data, information about the private life of any person;
4.8.18. disrupts the normal operation of the Platform;
4.8.19. violates international laws and the applicable law of the User's country, citizens, organizations, and
4.8.20. is expressed through obscene language, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, as well as in relation to organizations, authorities, official state symbols (flags, coats of arms, hymns), religious symbols, cultural heritage objects (historical and cultural monuments), promotes or contents incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
4.8.21. advertises or incites illegal activities that infringe on the rights of the Users or third parties to intellectual property;
4.8.22. distributes various viruses and defective programs.
4.9. The User also provides to the Service provider a non-exclusive right to use free of charge the placed in the Platform and belonging to him lawfully Content to ensure the copyright of functioning the Platform to the extent determined by the version of the Platform and display the Content in promotional materials of the right holder or the Service provider, including within the images of the Platform interface, including by bringing such promotional materials to the public. This non-exclusive right is granted for the duration of the Content placement in the Platform and extends to the territories of countries around the world. The end of the period of placement of the Content in the Platform and / or the term of non-exclusive rights does not entail the need to withdraw from circulation promotional materials of the copyright holder with the display of content (including their removal from the Internet). The User agrees that the copyright holder and the Service provider have the right to use the functionality and technical features of the Platform that ensure the display of the Content posted by the User at its discretion, including for the purpose of displaying advertising information.
4.10. The User agrees that due to technical features of the Platform the Content may be modified technically.
5. THIRD-PARTY’S CONTENT
5.1. The Platform may contain links to other websites on the Internet and / or mobile applications (hereinafter referred as the “third-party platform”). These third-party platforms and content placed there including offers of goods and services are not checked and secured by the Service provider for compliance with certain requirements (reliability, completeness and truthfulness, etc.). The Service provider is not responsible for any information, materials posted on the named above third-party platforms that the User accesses by clicking on a link, including any opinions or statements expressed on them, advertising, offers, etc., as well as for the availability of such platforms or named content and the consequences of their use by the User.
5.2. A link (in any form) to any website, product, service, or any information of a commercial or non-commercial nature posted in the Platform does not constitute an endorsement or recommendation of these products (services, activities) by the Service provider or by the GoBot, except as expressly indicated by the Service provider or by the GoBot.
5.3. If the User decides to leave the Platform and go to the third-party platforms, the User acts at his / her own risk and from this moment the User agreement no longer applies to the User’s experience and actions outside the Platform.
6. OTHER RIGHTS AND OBLIGATIONS
6.1. Rights and obligations of the Service provider:
6.1.1. The Service provider has the right to block access to the Platform for the User if it is established that the User violates the provisions of this User agreement, Documentation or other agreements between the parties.
6.1.2. The Service provider has the right to modify any software of the Platform, suspend the Platform functionality, upon detection of significant faults, errors and failures, and to do preventative maintenance and prevent unauthorized access.
6.1.3. The Service provider may send information and advertising messages via communication channels, provided by the Users. While using the Platform the User gives full and unconditional consent to receive such information, which may be revoked by the User at any time.
6.1.4. The Service provider undertakes to make back-up copies of information stored in the Platform for the purposes of securing the stability and safety of the Platform and the Content.
6.1.5. The Service provider ensures the functioning and operability of the Platform and undertakes to promptly restore its operability in the event of technical failures and interruptions. The Service provider is not responsible for temporary failures and interruptions in the operation of the Platform and the loss of information caused by them.
6.1.6. The Service provider may announce Bonus programs on terms of corresponding Bonus programs rules to provide Users with the opportunity to use the accumulated bonus points in accordance with the current Bonus programs rules.
6.1.7. The Service provider may announce Partner programs on terms additionally disclosed on the Platform to attract the Partners and develop the GoBot’ Partner network.
6.1.8. The Service provider ensures the safety and confidentiality of the User's data except for cases expressly provided for by the current legislation and due the terms of the Privacy policy.
6.2. Rights and obligations of the User:
6.2.1. The User has the right to use the Platform under the terms and conditions provided for in the User agreement.
6.2.2. The User undertakes to read, understand and accept the current version of the User agreement and check the relevance of the read and accepted version of the User agreement every time they visit the Platform until the end of using the Platform.
6.2.3. The User undertakes to provide accurate and complete information when using the Platform, which is necessary for their identification, protecting rights of the User and of the users of the Platform and proper execution of the User agreement.
6.2.4. The User agrees not to impersonate any other person and its representative, not to impersonate any other entity and its representative without sufficient rights and sufficient documents that confirm that rights that could be disclosed on demand of the Platform and or the Service provider, including employees of legal entities, and apply any other forms and ways of illegal representation of other persons in the network, and also enter other Users and the copyright holder misled about the properties and characteristics of any subjects or objects when you create a Post Route mentioned in the recommendations, review, personal information and other Content in a Platform.
6.2.5. The User by using the Platform acknowledges and agrees that the structure of the Platform is protected by copyrights, trademarks and other intellectual property rights over the world, and that these rights are valid and protected in all forms, on all media and in respect of all technologies, both existing at present and developed or created subsequently.
6.2.6. The User undertakes to inform the Service provider of unauthorized access to the Account and / or use of the User's data and devices that might be used to access the User’s Account (e.g. email, login and password, User’s devices (computer, smartphone)).
6.2.7. The User undertakes not to grant access to the Account to other Users or to third parties and not to try to get access to other accounts in the app virtual account, or to separate such information in case it may violate applicable law and / or the User agreement, Documentation, other User-related documents of the copyright holder. The User agrees to the presumption of all actions performed in the Platform while signed in the corresponding of this User Account as performed by the User (all actions performed in the Platform are considered to be performed on behalf of the User, until there is evidence to the contrary determined by the Service provider or by the court).
6.2.8. The User undertakes not to use any devices, programs or processes to interfere or attempt to interfere with the normal operation of the Platform, as well as in any operations or processes performed through the Platform.
6.3. The User's right to file a complaint and review procedure
6.3.1. If the User believes or it becomes known that any part of the Content on the Platform violates the User's rights (i.e. to results of intellectual activity) or violates the rights of third parties or contains other violations, the User has the right to send to the Service provider to the email hello@gobot.ae a corresponding complaint that contains the information:
- (I) the rights and / or legitimate interests, violated the relevant Content that the User considers illegal, as well as facts / circumstances confirming the ownership rights to the User;
- (II) the type of Content that violates the User's rights;
- (III) the screen or page of the website or mobile application where the Content that infringes the User's rights was found;
- (IV) the time when the infringing Content was detected;
- (V) other additional information and documents that prove the User’s claims.
6.3.2. On the basis of consideration of the complaint received by the Service provider due clause 6.3.1 of the User agreement the Service provider decides either to satisfy the complaint and remove, block or modify the Content that violates the User's rights, or that the complaint is unfounded and notifies the User about the decision.
7. LIABILITY
7.1. The Service provider is under no circumstances liable for the implementation of bonus programs, performance or non-performance of obligations announced by and / or offers or contracts set by any Partner or any other individual or group of individuals on the Platform. All claims related to these actions and events the User must send directly to the party who refused the User or who caused a breach of the corresponding agreement. If it is impossible for the User to set the details, the copyright Holder may, at the User's request, consider the User's request to provide such details at the User's email address.
7.2. The database, Content and information about the Partners and other information posted in the Platform are provided by the Partners and / or the Users. The Service provider is not obliged to and does not control or verify the truthfulness of the Content and information posted or placed on the Platform and honesty, reliability and solvency of the Partners and other Users and states that it is a subject to mandatory User’s research (own legal, tax and finance consulting and expertise), valuation, check, consideration, verification and approval on the User’s solely responsibility.
7.3. The Service provider does not support or confirm any information or the Content posted by the Partner, the Users and / or third parties. The User understands and agrees that by using the Platform the User may see information that is offensive, unworthy or controversial.
7.4. The Service provider is not able to verify the posted Content and cannot guarantee the absence of inaccuracies in it and therefore is not liable to the User, Partner or any third party for any erroneous and / or inaccurate data, as well as for damage caused by using of the Content.
7.5. Any materials obtained while using the Platform the User may use being aware of the responsibility for such use at the User’s own and free will.
7.6. The User understands and accepts that the User is solely responsible for any damage that may be caused as a result of using materials obtained while using the Platform and under no circumstances shall the Service provider be liable to the User or third parties for any damage caused by the use of the Platform and / or the Content or other materials accessed on the Platform.
7.7. The Service provider is not responsible for misbehavior or any inappropriate actions of other users of the Platform while using the Platform and its components, but if violations are detected, it promptly responds to the corresponding violations and complaints.
7.8. The Service provider provides the GoBot and its components on the basis of the international "as is" principle and does not guarantee that:
- (I) the GoBot will meet the User's requirements;
- (II) the results that can be obtained using the GoBot will be accurate and reliable;
- (III) the quality and sufficiency of any product, service, information or the Content obtained using the GoBot will meet the User's expectations;
- (IV) the GoBot and its components will run continuously, quickly, reliably and error-free and will meet the User's expectations of it;
- (V) all errors on the GoBot will be corrected immediately;
- (VI) all requests and complaints would be considered the way they were expected.
7.9. The GoBot or its components may be partially or completely unavailable from time to time due to preventive or other technical works that ensure normal operation and execution. The Service provider is not obligated to provide notifications about named unavailability.
7.10. Under no circumstances liability of the Service provider to the User can not exceed the amount paid by the User to the Service provider for accessing the Services.
7.11. With respect to the User agreement given that access to the GoBot is provided to the User free of charge with no consideration on «Quid pro quo» principle, the provisions on consumer protection in accordance with applicable law do not apply to relationships under the User agreement between the User and the Service provider.
8. MISCELLANEOUS
8.1. The text of the User agreement is published on the Platform and contains all the essential terms and conditions of the agreement.
8.2. The agreement concluded by accepting the User agreement may be terminated at any time at the initiative of each party (the User and the Service provider). The notice of termination of the agreement named in this clause is to be sent to other party due clause 8.3 of the User agreement.
8.3. The Service provider in the event of initiating the termination of the agreement mentioned in clause 8.2 of the User agreement sends the corresponding notice to the User in the Platform notification, the agreement shall be deemed terminated since the date of such notice. The User in the event of initiating the termination of the agreement mentioned in clause 8.2 of the User agreement sends the corresponding notice of termination of the agreement or deleting the Account in the Platform by an email to hello@gobot.ae. Upon termination of the agreement due this clause, conditions set in chapters 3 and 4 of the User agreement shall remain in effect indefinitely until the User sends a written request to the address of the Service provider with the relevant requirements.
8.4. The User agrees that the User agreement may be changed by the Service provider unilaterally by posting the updated text of the Service provider on the Platform. The User confirms their consent to changes in the terms of the User agrees by using the Platform. If you do not agree with the amended version of the Platform you shall not use the Platform and / or any features and services offered or executed on the GoBot, leave the Platform immediately and uninstall / delete the GoBot’s program components from your device.
8.5. If one or more covenant, term or provision of the User agreement are held by court of competent jurisdiction to be illegal, unenforceable or invalid, the remainder of the User agreement (its covenants, terms and provisions) shall remain in full force and effect.
8.6. In cases of non-application of measures by the Service provider in the case of confirmed violations on any issues, including the User violations, does not mean a waiver of their rights by the Service provider and provides for the possibility to take action later.
8.7. The User agreement shall be governed by and interpreted in accordance with the legislation of the United Arab Emirates. Issues not regulated by the User agreement are subject to resolution in accordance with the legislation of the United Arab Emirates with the mandatory pre-trial settlement of a dispute with term of 30 (thirty) calendar days for consideration of claims since the day of receipt.
8.8. In the event of any other disputes or disagreements related to the User agreement, the User and the Service provider will make every effort to resolve them through negotiations between them, including by contacting the User at the email address hello@gobot.ae. The Service provider undertakes to review and send a response to the User’s request within 180 days from the date of receipt of the request.
9. PERSONAL DATA USE
9.1. The User gives the Service provider and the GoBot an unconditional consent for using provided by the User email and cell phone for sending promotional messages, offers and notifications, getting user experience feed-backs and making phone calls. The consent set in this clause is to be revoked by the User at any time due procedure set in clause 8.3 of the User agreement.