1. MYACCOUNTS ONLINE SERVICE
Thank you for selecting the Services offered by Myaccounts and/or its subsidiaries
and affiliates (referred to as "MyAccounts", "we", "our", "us", or First Party).
Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal
agreement between you and MyAccounts. By accepting electronically (for example,
clicking "I Agree"), installing, accessing or using the Services, you agree to these
terms. If you do not agree to this Agreement, then you may not use the Services.
2. AGREEMENT
This Agreement describes the terms governing your use of the MyAccounts online services
provided to you on this website, including content, updates and new releases, (collectively,
the “Services”). It includes by reference:
(a) MyAccounts's Privacy Statement provided to you in the Services available
on the website or provided to you otherwise.
(b) Additional Terms and Conditions, which may include those from third parties.
(c) Any terms provided separately to you for the Services, including product
or program terms, ordering, activation, payment terms, etc.
3. DESCRIPTION OF SERVICE
We are a diversified, consultancy service provider providing services including,
but not limited, to accounting, GST return conciliation, financial analysis, etc.
through an online platform. We have developed an online cloud based solution, primarily
encompasses a comprehensive platform of providing effective and cost efficient consultancy
services.
4. KEY RESPONSIBILITIES OF THE FIRST PARTY
(a) The First Party will provide the license / permission to you to use its
software, MyAccounts, by way of login credentials to access the online SaSS based
accounting solution providing integrated ledger, trial balance. Computation of GST
liability to ensure accurate GST accounting, storage of financial data for a period
of five years subject to the validity of the subscription and several other services
as envisaged under the scope of work.
(b) The First Party shall ensure that seamless consultancy services are provided
to the customer through the online platform, MyAccounts.
(c) The First Party shall provide a dedicated support services for you in
order to provide technical support and clarification of any software queries, if
required. The First Party shall further provide for a call center and chat support
for the 1st line basic queries.
(d) The First Party shall endeavor to ensure that the platform, MyAccounts
works seamlessly and shall engage an IT Partner who may assume the responsibility
for compatibility, network and/or any other technical issues.
(e) In order to maintain the reputation and goodwill associated with the
mark “MyAccounts”, and to uphold the set standards of operation and professionalism
hereunder, the First Party shall appoint an Auditor & Tax Firm having the necessary
skill sets comprising of professionally qualified consultants / tax advisory specializing
in accounting, audit and taxation, thereby having necessary expertise to provide
the services as envisaged under the scope of work.
(f) The First Party shall provide a seamless payment gateway through which
you can make the payment at the time of commencement of this agreement and thereafter
for all payments that may be payable at the time of renewal
5. YOUR KEY RESPONSIBILITIES
(a) You will take the sole responsibility of uploading the required details
/ financial data in a timely manner in order for us to complete our scope as agreed
between us.
(b) You undertake to upload all financial details /data that is correct and
true. You acknowledge that the First Party does not assume the responsibility of
verifying and ensuring the authenticity of the data being uploaded by you.
(c) You undertake to make the payment of fee as envisaged under the present
agreement on a timely basis for an interrupted access to MyAccounts and continued
services thereafter.
(d) You will not for himself or for any of its affiliates solicit the services
or poach away the employees, and/or try to contact the IT Partner and/or Consultant
of the First Party during the sustenance of this Agreement and three (3) years thereafter.
(e) You acknowledge that you are solely responsible for any inquires brought
forth by the Federal Tax Authority or any other government entities in relation
to GST filing.
6. APPOINTMENT AND GRANT OF LICENCE TO USE
(a) The First Party states that it has the necessary license(s) and permission(s)
to operate and facilitate MyAccounts and further offer the services under this Agreement.
(b) Subject to the terms of this Agreement, First Party will grant a login
credential to you to access MyAccounts and use the Services as envisaged under this
agreement.
(c) The grant of such use to you for MyAccounts is limited to the rights
as envisaged under this Agreement and you shall at no given point of time can claim
any further rights in furtherance to what has been stated under this Agreement.
7. YOUR RIGHTS TO USE THE SERVICES
(a) The Services are protected by copyright, trade secret, and other intellectual
property laws. You are only granted the right to use the Services and only for the
purposes described by MyAccounts. MyAccounts reserves all other rights in the Services.
Until termination of this Agreement and as long as you meet any applicable payment
obligations and comply with this Agreement, MyAccounts grants to you a personal,
limited, nonexclusive, nontransferable right and license to use the Services.
(b) You agree not to use, nor permit any third party to use, the Services
or content in a manner that violates any applicable law, regulation or this Agreement.
You agree you will not:
(i) Provide access to or give any part of the Services to any unauthorized
third party;
(ii) Reproduce, modify, copy, deconstruct, sell, trade or resell the Services;
and
(iii) Make the Services available on any file-sharing or application hosting
service.
8. PAYMENT
For Services offered on a payment or subscription basis, the following terms apply,
unless MyAccounts or its vendor(s) notifies you otherwise in writing. This Agreement
also incorporates by reference and includes program ordering and payment terms provided
to you on the website for the Services:
(a) Payments will be billed to you by MyAccounts and/or its vendor(s) in
Arab Emirates Dirham (AED), or other currencies which may be made available (plus
any and all applicable taxes, including without limitation GST) as shown in the
product ordering and subscription terms, and your account will be debited when you
subscribe and provide your payment information, unless stated otherwise in the program
ordering or payment terms on the website for the Services.
(b) You must pay with one of the following:
(i) A valid credit card acceptable to MyAccounts and/or its vendor(s);
(ii) A valid debit card acceptable to MyAccounts and/or its vendor(s);
(iii) In countries where accepted by MyAccounts, sufficient funds in a checking
or savings account to cover an electronic debit of the payment due; or
(iv) By another payment option MyAccounts and/or its vendor(s) provides to
you in writing.
(c) If your payment and registration information is not accurate, current,
and complete and you do not notify us promptly when such information changes, we
may suspend or terminate your account and refuse any use of the Services
(d) If you do not notify us of updates to your payment method (e.g., credit
card expiration date), to avoid interruption of your service, MyAccounts and/or
its vendor(s) may participate in programs supported by your card provider (e.g.,
updater services, recurring billing programs, etc.) to try to update your payment
information, and you authorize us to continue billing your account with the updated
information that we obtain.
(e) MyAccounts and/or its vendor(s) will automatically renew your monthly,
quarterly, or annual Services at the current rates, unless the Services are cancelled
or terminated under this Agreement.
(f) Additional cancellation or renewal terms may be provided to you on the
website for the Services.
(g) All authorized refunds will be made in the original form of payment to
MyAccounts or its vendor(s).
(h) Should there be a default in any payment(s), the First Party shall intimate
you setting out the delay / default in payment giving you a period of Seven (7)
Days for promptly making payment of any sums due. Any payment that remains unpaid
even after Seven (7) Days will be subject to an interest at the rate of [●] per
day from the due date till payment.
9. USE WITH YOUR MOBILE DEVICE
(a) Use of the Services may be available through a compatible mobile device
using Internet access and may require software. You agree that you are solely responsible
for these requirements, including any applicable changes, updates and fees for SMS
messages, data plans, and general usage, as well as the terms of your agreement
with your mobile device and telecommunications provider.
(b) MyAccounts makes no warranties or representations of any kind, express,
statutory or implied as to:
(i) the availability of telecommunication services from your provider and
access to the services at any time or from any location;
(ii) any loss, damage, or other security intrusion of the telecommunication
services; and
(iii) any disclosure of information to third parties or failure to transmit
any data, communications or settings connected with the services.
10. YOUR PERSONAL INFORMATION
You can view MyAccounts’s Privacy Statement provided with the Services and on the
website for the Services. You agree to the applicable MyAccounts Privacy Statement,
and any changes published by MyAccounts. You agree that MyAccounts may use and maintain
your data according to the MyAccounts Privacy Statement, as part of the Services.
You give MyAccounts permission to combine information you enter or upload for the
Services with that of other users of the Services and/or other MyAccounts services.
For example, this means that MyAccounts may use your and other users’ non-identifiable,
aggregated data to improve the Services or to design promotions and provide ways
for you to compare business practices with other users. MyAccounts is a global company
and may access or store personal information in multiple countries, including countries
outside of your own country to the extent permitted by applicable law.
11. PERMITTED DISCLOSURES AND USE OF DATA
You acknowledge and agree that in order to provide you with access to and use of
the MyAccounts Services, MyAccounts may provide your access information and account
data to (i) your employee or agent who is identified in the registration data as
the current system administrator for your account (the “Current Administrator”),
and (ii) such other employee or agent who may be designated by you as a replacement
administrator for the your account by following the procedures required by MyAccounts
to effectuate such replacement. Any other person You identified as an authorized
user of the MyAccounts Services will have access to the account data subject to
the access permissions you or the system administrator assigned to them.
12. ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA
(a) In connection with your use of the MyAccounts Service and as part of
the functionality of certain versions of the MyAccounts Services, you may wish to
have access to your online account(s) and financial information, including your
account access number(s), password(s), security question(s) and answer(s), account
number(s), login information, and any other security or access information used
to access your financial institution(s) (collectively, your "FI Login Data") and
the data made available by your financial institutions(s) with such data, which
may include bank balances, transaction activity, credit card charges, debits and
deposits, and any messages or notices between you and the financial institution(s)
("FI Account Data"). The MyAccounts Services are designed to allow you to access
and download your FI Account Data through the MyAccounts Services, to allow MyAccounts
to access your financial institution account(s) using your FI Login Data, to allow
MyAccounts to download and use your FI Account Data, and to allow MyAccounts to
aggregate and combine your FI Account Data with other data. If you lose or forget
your user name or password, it will be necessary for you to return to the appropriate
financial institution if you have any problems with respect to that user name or
password.
(b) You acknowledge and agree that except as set forth this Agreement, MyAccounts
has no control over your FI Login Data and no control over the access to your FI
Account Data, does not guarantee that you will be able to use the MyAccounts Service
with your financial institution(s), and will have no liability whatsoever for any
actions or inactions on the part of the financial institution(s) resulting in your
inability to use the MyAccounts Service to access your accounts, obtain data, download
transactions, or otherwise use or access your FI Account Data.
(c) Collection of FI Login Data and FI Account Data. By agreeing to these
terms and conditions, you:
(i) acknowledge that in accessing your financial institution account(s) through
the MyAccounts Service, your FI Login Data and FI Account Data may be collected,
converted, stored in encrypted form and used by MyAccounts for the purpose of providing
the Service;
(ii) authorize MyAccounts to (iia) collect and store in encrypted form your
FI Login Data, (iib) access the financial institution(s)' websites using your FI
Login Data, from time to time; (iic) download and store your FI Account Data; (iid)
reformat and manipulate your FI Account Data; (iie) create and provide hypertext
links to your financial institution(s) FI Account Data; (iif) enhance the type of
data and services we can provide to you in the future, and (vii) take such other
actions as are reasonably necessary to perform the actions described in this Agreement
as it relates to your use of the Service;
(iii) hereby represent that the financial institution(s)' account(s) and
FI Login Data belong to you, you have the right to use the FI Login Data and FI
Account Data as set out above and that you have the authority to appoint, and hereby
expressly do appoint, MyAccounts as your agent with all necessary power and authority
to use your FI Login Data and to access and retrieve your FI Account Data, as described
above, on your behalf;
(iv) acknowledge that MyAccounts does not review your FI Account Data and
agree that MyAccounts is not responsible for its completeness or accuracy;
(v) acknowledge that any transactions or informational activities performed
at any financial institution(s)' website are not made through the MyAccounts Service
and MyAccounts assumes no responsibility for any such transactions or activities;
and
(vi) acknowledge that you are solely responsible for any charges, fees or
costs associated with your financial institution account(s) when accessed through
the MyAccounts Service by you or by MyAccounts.
(d) You acknowledge that (i) some financial institution(s) may not permit
MyAccounts or other third parties to have access to FI Login Data or to allow the
Service to access your FI Account Data; (ii) financial institution(s) may make changes
to their websites, with or without notice to you or MyAccounts, that may affect
the overall performance of the Service and prevent or delay aggregation of data
from such websites; and (iii) the Service refreshes your MyAccounts Service account
data by collecting the FI Account Data automatically or manually (depending on your
financial institution(s) or any changes by you that may require an update), so your
most recent transactions may not always be reflected in the account balances or
other account information presented to you by MyAccounts through the Services. If
you see a discrepancy in your MyAccounts Service account data as compared to your
FI Account Data, and in any case before making any transactions or decisions based
on such account data presented in the Services, you should check the last refresh
date for your financial institution account(s) and confirm the accuracy of the MyAccounts
Service account data against your FI Account Data and manually update such data
as necessary.
13. CANCELLATION
Upon cancellation you will be able to access the Service only through the end of
the subscription term, as specified in the product or product program pages. After
the subscription term ends, you will not have any access to the Service and we take
no responsibility for preservation of any data that might be lost due to end of
subscription. There are no refunds upon cancellation. Please follow product instructions
to cancel your account.
14. CONTENT
(a) You are responsible for your content. You are responsible for all materials
("Content") uploaded, posted or stored through your use of the Services. Archive
your Content frequently. You grant MyAccounts a worldwide, royalty-free, non-exclusive
license to host and use any Content provided through your use of the Services. You
are responsible for any lost or unrecoverable Content. You must provide all required
and appropriate warnings, information and disclosures. MyAccounts is not responsible
for the Content or data you submit through the Services.
(b) You agree not to use, nor permit any third party to use, the Services
to upload, post, distribute, link to, publish, reproduce, engage in or transmit
any of the following, including but not limited to:
(i) Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening,
abusive, hateful, harassing, offensive, inappropriate or objectionable information
or communications of any kind, including without limitation conduct that would encourage
"flaming" others, or criminal or civil liability under any local, state, federal
or foreign law;
(ii) Content that would impersonate someone else or falsely represent your
identity or qualifications, or that constitutes a breach of any individual’s privacy;
(iii) Except as permitted by MyAccounts in writing, investment opportunities,
solicitations, chain letters, pyramid schemes, other unsolicited commercial communication
or engage in spamming or flooding;
(iv) Virus, trojan horse, worm or other disruptive or harmful software or
data; and
(v) Any information, software or Content which is not legally yours and without
permission from the copyright owner or intellectual property rights owner.
(c) The Services may include a community forum or other social features to
exchange Content and information with other users of the Services and the public.
MyAccounts does not support and is not responsible for the content in these community
forums. Please use respect when you interact with other users. Do not reveal information
that you do not want to make public. Users may post hypertext links to content of
third parties for which MyAccounts is not responsible.
(d) MyAccounts may freely use feedback you provide. You agree that MyAccounts
may use your feedback, suggestions, or ideas in any way, including in future modifications
of the Services, other products or services, advertising or marketing materials.
You grant MyAccounts a perpetual, worldwide, fully transferable, sublicensable,
non-revocable, fully paid-up, royalty free license to use the feedback you provide
to MyAccounts in any way.
(e) MyAccounts may monitor your Content. MyAccounts may, but has no obligation
to, monitor content on the Services. We may disclose any information necessary to
satisfy our legal obligations, protect MyAccounts or its customers, or operate the
Services properly. MyAccounts, in its sole discretion, may refuse to post, remove,
or refuse to remove, any Content, in whole or in part, alleged to be unacceptable,
undesirable, inappropriate, or in violation of this Agreement.
15. ADDITIONAL TERMS
(a) MyAccounts does not give professional advice. Unless specifically included
with the Services, MyAccounts is not in the business of providing legal, financial,
accounting, tax, health care, real estate or other professional services or advice.
Consult the services of a competent professional when you need this type of assistance.
(b) We may tell you about other MyAccounts services. You may be offered other
services, products, or promotions by MyAccounts ("MyAccounts Services" or “Services”).
Additional terms and conditions and fees may apply. With some MyAccounts Services
you may upload or enter data from your account(s) such as names, addresses and phone
numbers, purchases, etc., to the Internet. You grant MyAccounts permission to use
information about your business and experience to help us to provide the MyAccounts
Services to you and to enhance the Services. You grant MyAccounts permission to
combine your business data, if any, with that of others in a way that does not identify
you or any individual personally. You also grant MyAccounts permission to share
or publish summary results relating to research data and to distribute or license
such data to third parties.
(c) Communications. MyAccounts may be required by law to send you communications
about the Services or Third Party Products. You agree that MyAccounts may send these
communications to you via email or by posting them on our websites.
(d) You will manage your passwords and accept updates. You are responsible for
securely managing your password(s) for the Services and to contact MyAccounts if
you become aware of any unauthorized access to your account. The Services may periodically
be updated with tools, utilities, improvements, third party applications, or general
updates to improve the Services. You agree to receive these updates.
16. DISCLAIMER OF WARRANTIES
(a) Your use of the services and content is entirely at your own risk. except
as described in this Agreement, the services are provided "as is." To the maximum
extent permitted by applicable law, MyAccounts, its affiliates, and its third party
providers, licensors, distributors or suppliers (collectively, "Suppliers") disclaim
all warranties, express or implied, including any warranty that the services are
fit for a particular purpose, title, merchantability, data loss, non-interference
with or non-infringement of any intellectual property rights, or the accuracy, reliability,
quality or content in or linked to the services. MyAccounts and its affiliates and
suppliers do not warrant that the services are secure, free from bugs, viruses,
interruption, errors, theft or destruction. if the exclusions for implied warranties
do not apply to you, any implied warranties are limited to 60 days from the date
of purchase or delivery of the Services, whichever is sooner.
(b) MyAccounts, its affiliates and suppliers disclaim any representations
or warranties that your use of the services will satisfy or ensure compliance with
any legal obligations or laws or regulations. You are solely responsible for ensuring
that your use of the Services is in accordance with applicable law.
17. LIMITATION OF LIABILITY AND INDEMNITY
(a) To the maximum extent permitted by applicable law, the entire liability
of MyAccounts, its affiliates and suppliers for all claims relating to this agreement
shall be limited to the amount you paid for the services during the twelve (12)
months prior to such claim. subject to applicable law, MyAccounts, its affiliates
and suppliers are not liable for any of the following: (a) indirect, special,
incidental, punitive or consequential damages; (b) damages relating to failures
of telecommunications, the internet, electronic communications, corruption, security,
loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment,
or use of software or hardware that does not meet MyAccounts systems requirements.
The above limitations apply even if MyAccounts and its affiliates and suppliers
have been advised of the possibility of such damages. This Agreement sets forth
the entire liability of MyAccounts, its affiliates and your exclusive remedy with
respect to the services and its use.
(b) You agree to indemnify and hold MyAccounts and its Affiliates and Suppliers
harmless from any and all claims, liability and expenses, including reasonable attorneys'
fees and costs, arising out of your use of the Services or breach of this Agreement
(collectively referred to as "Claims"). MyAccounts reserves the right, in its sole
discretion and at its own expense, to assume the exclusive defense and control of
any Claims. You agree to reasonably cooperate as requested by MyAccounts in the
defense of any Claims.
(c) You will indemnify the First Party from any fines, penalties and legal
notices or any indirect or consequential loss caused on account of any negligence,
misadventure committed by you or your staff, that results in an enquiry by the Federal
Tax Authority or any other competent authority of the United Arab Emirates.
(d) You further covenant that any loss or claim caused to you due to your
negligence or negligence of any back-end IT Partner, you shall not hold the First
Party for any loss or damage that may have been caused.
(e) In any case, the we will not accept to indemnify any claim being filed
by you against us including but not limited due to inter-alia any of the following
reasons:
(i) Incorrect reconciliation and/or filing of GST Returns;
(ii) Negligence on your behalf;
(iii) System Breakdown on behalf of IT Partner;
(iv) Incorrect computation of GST Returns and/or ITC/OTC;
(v) Misrepresentation by the consultant;
(vi) False information being supplied by the Customer;
(vii) False representation by the Consultant
18. PROPRIETARY MARKS AND CONFIDENTIALITY
(a) You acknowledge that the name MyAccounts is a trademark, trade name owned
by the First Party and that only the First Party or its designated Affiliate have
the right to use such Trademark and such other trademarks and trade names as may
exist or be acquired by the First Party from time to time.
(b) You covenant that you will have to agree and abide by any further alteration
to the brand name MyAccounts and that, this Agreement will withstand in the circumstance
when the First Party’s present brand name is annihilated, and a new brand name /
trade name / trademark comes into effect.
(c) You expressly covenant that during the term of this Agreement, and even after
the expiration or termination thereof, you shall not directly or indirectly contest
or aid in contesting the validity or ownership of Proprietary marks, copyrights
and other marks of the First Party. You further covenant that the proprietary ownership
of MyAccounts will at all times vest with the First Party.
19. CHANGES
We reserve the right to change this Agreement at any time, and the changes will
be effective when posted through the Services, on our website for the Services or
when we notify you by other means. We may also change or discontinue the Services,
in whole or in part. Your continued use of the Services indicates your agreement
to the changes.
20. INTRODUCTION OF NEW ENTITY IN BUSINESS
In case, the First Party decided to sell / dispose partly or wholly MyAccounts to
a Private Equity or enters into a Partnership or Joint Venture or Merger and Acquisition
or Collaboration, then in such cases, you shall raise no objection and be totally
bound to the new Entity in respect of the obligations under this Agreement.
21. TERMINATION
(a) MyAccounts may immediately, in its sole discretion and without notice
terminate this Agreement or suspend the Services if you fail to comply with this
Agreement or if you no longer agree to receive electronic communications. Upon termination
you must immediately stop using the Services and any outstanding payments will become
due. Any termination of this Agreement shall not affect MyAccounts’s rights to any
payments due to it. MyAccounts may terminate a free account at any time.
(b) The effective date of this Agreement is day of signing and the initial
term of this Agreement shall be for a period of One (1) Year from the date of signing
of this Agreement.
(c) This Agreement shall terminate on the efflux of time, i.e. one year from
the date of commencement, unless you intimate the First Party for a renewal as per
the terms of this Agreement.
(d) The First Party has the right to terminate the Agreement if you violate
any terms as stipulated under the Agreement. The First Party may terminate the Agreement
on the occurrence of any of the following events which are fundamental breaches
of this Agreement, terminating it forthwith in the event:
(i) of a breach by you of any provisions of this Agreement and subsequent
failure to remedy the breach within Seven (7) Days of having been notified by the
First Party;
(ii) you have made any material misrepresentation regarding its organizational
or financial structure or financial condition;
(iii) of your Liquidation or bankruptcy;
(iv) If you have made any material misrepresentation in relation to the data
/ documents uploaded you;
(v) If you engage in any conduct prejudicial to MyAccounts; and
(vi) If you or an Affiliate of yours applies for trade mark or service mark
registration of any marks or registration anywhere in the world of any copyrighted
materials of the First Party or which is similar to that of First Party, or makes
any unauthorized use of the marks or copyrighted materials or an unauthorized.
(e) You may exercise the option to exit from the Agreement before efflux
of time, only after the completion of the lock-in-period of three (3) months and
have to compulsorily serve without fail a written notice of three (3) Months to
the First Party, to this effect, during the duration of the present Agreement.
(f) The Parties will have the right to mutually agree the terms of the renewal
of the arrangement after the expiry of the Agreement.
22. EFFECT OF TERMINATION
Upon termination of this Agreement for any of the reasons mentioned above the following
occurrences will take effect:
(a) You shall automatically cease to have any right to use MyAccounts
(b) The First Party shall cancel / suspend your account and your login credentials
shall not be operational;
(c) The scope of work as envisaged under the agreement shall not be delivered
to you and all rights belonging to you under the present Agreement shall cease to
exist.
23. GOVERNING LAW AND JURISDICTION
(a) This Agreement will be governed by the laws of Dubai International Financial
Centre, without regard to its conflicts of law principles. Notwithstanding the foregoing,
you acknowledge that your breach (or an apprehension of breach) of any provisions
of this Agreement, or any infringement (or apprehension of infringement) of MyAccounts’s
or its Suppliers’ intellectual property rights may cause MyAccounts irreparable
damage for which recovery of money damages would be inadequate. Accordingly, you
agree that MyAccounts shall be entitled, in addition to any other remedies available
to it, to seek (in any court of competent jurisdiction, notwithstanding the previous
sentence) any relief (whether equitable or otherwise) to prevent or restrain any
such breach or apprehended breach by you or otherwise to protect MyAccounts’s rights
under this Agreement.
(b) In case of any disputes arising out of this Agreement, the Parties shall
amicable resolve it within 30 days of notice to the other Party. If the dispute
remains unresolved then the Parties should opt for the Arbtration procedure as set
out below.
(c) Any dispute connected with the formation, performance, interpretation,
nullification, termination or invalidation of this Agreement or arising from, or
related to, this Agreement in any manner whatsoever shall be referred to arbitration
in accordance with the Rules of the DIFC-LCIA Arbitration Centre (“DIFC-LCIA”).
(d) The arbitral tribunal shall consist of a sole arbitrator, who shall be
nominated by MyAccounts.
(e) Upon receiving a Notice for appointment of Arbitrator, MyAccounts shall
have a period of Fourteen (14) days to nominate an Arbitrator, failing which you
shall nominate the Arbitrator and so notify us.
(f) The language of the arbitration shall be English and the seat of the
arbitration shall be the Dubai International Financial Centre (“DIFC”).
(g) The arbitration award shall be final and binding upon the Parties and
not subject to any appeal in any court and it shall deal with the question of costs
of arbitration and all matters related thereto.
(h) The award of the arbitration shall be the sole and exclusive ready between
the parties regarding any and all claims and counterclaims presented to the arbitrator.
(i) The Parties agree that the interim/partial/final award of the arbitrator
may be enforced and executed in any court having jurisdiction over the Parties against
whom enforcement of such award is sought.
(j) MyAccounts does not represent that the Services and/or content within
the Services is appropriate or available for use in all jurisdictions or countries.
MyAccounts prohibits accessing content from within countries or states where such
content is illegal. You are responsible for compliance with all applicable laws
pertaining to your use and access to the Services in your jurisdiction.
24. LANGUAGE
Any translation of this Agreement is done for local requirements and in the event
of a dispute between the English and any non-English version, the English version
of this Agreement shall govern. In the event of a dispute the parties confirm that
they have requested that this Agreement and all related documents be drafted in
English.
25. GENERAL
This Agreement, including the any Additional Terms agreed, is the entire agreement
between you and MyAccounts and replaces all prior understandings, communications
and agreements, oral or written, regarding its subject matter. If any court of law,
having jurisdiction, rules that any part of this Agreement is invalid, that section
will be removed without affecting the remainder of the Agreement. The remaining
terms will be valid and enforceable. You cannot assign or transfer ownership of
this Agreement to anyone without written approval of MyAccounts. However, MyAccounts
may assign or transfer it without your consent to (a) an affiliate, (b) a company
through a sale of assets by MyAccounts or (c) a successor by merger. Any assignment
in violation of this Section shall be void. If you want to request a transfer of
this Agreement, contact MyAccounts via an email.