Terms of Service

TERMS OF SERVICE

This document is an open offer  of DIVA TECH, a company registered under the laws of the United Arab Emirates (registration number DSO-FZCO-8956) (hereinafter referred to as the "Company"), which is addressed to an indefinite number of persons, to conclude an agreement for the provision of services for access to the Platform (hereinafter referred to as the "Agreement") on the terms and conditions set forth below

1. TERMS

1.1. Content is information data in the form of text, image, video or sound recording, posted for the purpose of transmitting informative, generally significant, aesthetically attractive messages of various genres aimed at a mass audience (users), provided and posted by the authors of such information data on the Company's web resource for further use.

1.2. Content Maker (Maker) means a person who posts his/her own Content on the Platform.

1.3. Personal Account - a section of the Platform available only to the User when using the credentials, with the help of which the User manages his Account and contains the following information: general profile settings, message settings, authorization methods, a list of tools for working with the Content, information about the Content, payment and statistical information, access status to the Content.

1.4. Payment Provider – a licensed payment organization that has the right to provide payment services to Users.

1.5. Platform is a web resource of the Company, namely a set of data accessed through a web browser and software modules united by a single management system, located on the Internet at: donplaton.com

1.6. Platform User (User) - Content Maker and/or Content Consumer.

1.7. Content Consumer (Consumer) - an Internet user who consumes the Content.

1.8. Registration - the User's actions to provide unique account and personal data of the Company, as well as the creation of an Account and a Personal Account on the Platform (depending on the type of User, the functionality of the Platform, the Content consumed).

1.9. Services - providing Users with access to the Platform, the functionality of which allows them to post the relevant Content, provide other Users with the opportunity to view the Content, as well as initiate payment transactions through the Payment Provider.

1.10. Account - the User's unique credentials and personal data identifying the User on the Platform are stored on the Company's hardware resources and provide the User with the ability to access the Personal Account.

2. SUBJECT OF THE AGREEMENT

2.1. The Company provides Users with access to the Platform, thereby acting as an intermediary between Makers and Consumers by providing Makers with the opportunity to post Content available for viewing by Consumers, initiating payment transactions by Users, in particular, not exclusively, in the form of donations (voluntary payments) from Consumers in favor of Makers, using other functionality of the Platform.

2.2. This Agreement is a public offer (public contract of adhesion), the provisions of which are the same for all Users.

2.3. Acceptance of the terms of the public offer, which is equivalent to the conclusion of this Agreement, is any of the following actions of the User:

• the User's Registration on the Platform;
• the User's use of the functionality of the Platform in the form of posting and/or consuming the Content;
• initiation of payment transactions through the Payment Provider.

2.4. The Company is not a party to the relationship between Users and is not responsible for the fulfillment of their mutual obligations. All agreements between Users are their responsibility.

3. PROCEDURE FOR THE PROVISION OF SERVICES

3.1. Access to certain functionalities of the Platform may be carried out by the User both with and without Registration on the Platform.

3.2. When accessing the Platform without Registration, the acceptance of the terms of the offer is carried out by initiating any payment transaction by the User, while the provision of payment or other personal information by the User is carried out in accordance with the requirements of the Payment Provider.

3.3. When registering, the User undertakes to provide true, complete and accurate information about himself in the registration form and to ensure that it is up-to-date and complete. The User undertakes not to mislead the Company and/or other Users in relation to his/her person, as well as not to post information, email addresses, registration data and other information of any third parties on the Platform to the Platform or require additional documents to verify the User.

3.4. The User is responsible for the observance of the rights (property and non-property) of third parties when registering and using the Content. From the moment of registration, the User agrees and agrees to the processing by the Company of the User's personal data specified by him/her during registration, including collection, registration, accumulation, storage, adaptation, modification, updating, clarification, use, distribution, transfer, destruction, in order to ensure the possibility of providing the Services, as well as for the purpose of information services. When providing personal data to facilitate payment transactions, the processing of personal data is carried out in accordance with the specifics of such processing by the Payment Provider.

3.5. The User has no right to transfer, sell, transfer for use his/her access data to the Personal Account to third parties without the consent of the Company. In the event that access data is transferred to any third party, the User is solely responsible for the actions of such third party.

3.6. In the event of a breach of security or unauthorized use of the User's Account, the User must immediately notify the Company. The Company shall not be liable for any losses caused by unauthorized use of the User Account that occurred through no fault of the Company.

3.7. By registering, the User agrees to receive information messages to the e-mail address and/or mobile phone number specified during registration.

3.8. The Company has the right to require the User to re-pass the check if there is a suspicion of potential fraudulent actions with the User's Account.

3.9. After registration, the User gets access to the Personal Account and is assigned a unique ID number.

3.10. The User who has registered on the Platform has the right to stop using the Platform at any time.

3.11. The Company does not guarantee the uninterrupted availability of the Platform and has the right to refuse the User to use the Platform at any time with notification of the reasons for such refusal.

4. RIGHTS AND OBLIGATIONS OF THE COMPANY

4.1. The Company undertakes to provide the User with access to the Platform, on the terms and in the manner provided for in this Agreement. Access to the Platform implies the User's ability to:

• carry out the Registration process / create an Account;
• use the functionality of the Platform;
• initiate payment transactions.

4.2. The Company has the right to change the terms of this Agreement by making additions and changes to the provisions of this Agreement. Such changes to the terms of this Agreement shall enter into force and become binding on the Parties immediately after their publication and posting on the Platform.

4.3. The Company has the right to post, change and delete advertising and/or any other information in any section of the Platform without the consent of the User.

4.4. The Company has the right to suspend, restrict or terminate the User's access to any of the functions of the Platform unilaterally at any time.

4.5. The Company has the right to send messages to the User using any available communication channels, including electronic messages to the User's e-mail addresses, containing organizational, technical, informational or other information related to this Agreement.

4.6. The Company undertakes to ensure the confidentiality of the information provided by the User, including the User's credentials, and not to allow its use to the detriment of his interests. The Company undertakes to use the User's credentials only for the purposes provided for in this Agreement, and guarantees the non-disclosure of these data, except for cases when the disclosure of such information is provided for by applicable law.

4.7. The Company undertakes to provide technical support to the User on issues related to interaction with the Platform.

4.8. In the event of circumstances that may affect the quality and timeliness of the Services, the Company is obliged to inform the User by posting an appropriate information notice on the Platform.

5. RIGHTS AND OBLIGATIONS OF THE USER

5.1. The User undertakes to comply with the terms of this Agreement, in the manner and on the terms provided for in this Agreement.

5.2. The User is obliged to ensure the confidentiality and preservation of the Credentials that provide access to the Personal Account.

5.3. The User undertakes to use the Platform only for lawful purposes, not to violate the rights and legitimate interests of the Company and third parties.

5.4. The User has no right to commit actions that may disrupt the normal operation of the Platform. The User undertakes not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Platform.

5.5. The User undertakes not to post messages the purpose of which is:

• attracting users, as well as other visitors of the Platform to third-party resources, sites or registration of users, as well as other visitors of the Platform on such resources, sites;
• advertising of goods, works and services, as well as goods, works and services owned by third parties;
• promotion of resources or influence on the statistics of resources, the number of subscribers in social networks.

5.6. The User has the right to receive technical support in case of any questions about the functioning of the Platform.

5.7. In case of restriction of access or termination of access to the Content, Account, the User has the right to contact the Company to obtain reasonable information about the reasons for the restriction or termination of access.

6. INITIATION OF PAYMENT TRANSACTIONS

6.1. The functionality of the Platform provides an opportunity to initiate payment transactions between Users through the Payment Provider. Payment services are provided on the terms and in the manner established by such Payment Provider on the basis of the relevant agreement (offer), the terms of which are accepted by the User before the payment transaction is performed.  At the same time, the Payment Provider may require the Users to provide personal data and documents, verify / identify the Users, including using specialized remote verification programs.

6.2. The amount of payment for providing the opportunity to view the Content or voluntary payment (donation) is set by the Maker in the description of the Content or, if such Content involves a variable amount of payment/donation, can be paid by the Consumer taking into account the variations offered by the Platform or set by the Consumer independently. 

6.3. The Maker has the right to initiate payment transactions through the Payment Provider to withdraw funds received from Consumers on the terms and in the manner established by the Payment Provider on the basis of the relevant agreement (offer), the terms of which the Maker accepts before the payment transaction is performed.

6.4. The User undertakes to pay for the payment services of the Payment Provider on the terms and in the manner established by such Payment Provider on the basis of the relevant agreement (offer), the terms of which the User accepts before the payment transaction, as well as to comply with the requirements of the Payment Provider in terms of providing personal data and documents, verifying / identifying Users, including using specialized programs remote verification.

6.5. Payment information of Users is processed exclusively by the Payment Provider. The Company receives from the Payment Provider information about payment transactions to the extent necessary to fulfill obligations to the Users.

7. LIABILITY OF THE PARTIES FOR BREACH OF CONTRACT

7.1. The Company shall not be liable to the User if the latter for any reason is not satisfied with the content of the Content, its design, literary, artistic or scientific value of the content of the Content and on other grounds of non-compliance of the content of the Content with the expectations of the User, regardless of the quality of access to the Content.

7.2. The Company is not responsible for any errors, omissions, interruptions, defects and delays in the processing or transmission of data during the reproduction of the Content.

7.3. The Company shall not be liable for the use of the User's account and personal data by third parties if the third party's access to such data occurred through the fault of the User or as a result of insufficient storage conditions for such data.

7.4. If the User violates the terms of this Agreement and (or) the norms of applicable law, the Company reserves the right to temporarily restrict the User's access to the Platform, and in case of gross and (or) repeated (more than twice) violations of the terms of this Agreement, to deny access to the Platform on a permanent basis.

7.5. The Company shall not be liable to the User or any third parties for any direct and (or) indirect losses, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with their use of the Platform or the inability to use it, which have arisen through no fault of the Company.

7.6. The Company shall not be liable to the User or any third parties for the actions or inaction of partner companies that provide their own services, including, but not limited to, payment services. In the event of disputes related to payment transactions, the Payment Provider through which such payment transactions were carried out is liable.

8. INTELLECTUAL PROPERTY

8.1. The set of programs, data, trademarks, intellectual property objects, including copyright and other objects used on the Platform, is the intellectual property of its legal copyright holders and is protected by applicable legislation in the field of intellectual property, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphics, programs and other objects of intellectual property without the permission of the legal owner is illegal and may lead to the use of appropriate legal remedies.

8.2. None of the intellectual property items posted on the Platform, except for the information that is directly sent to the User when using the Platform, as well as information entered by the User personally, may be copied (reproduced), processed, distributed, published, downloaded, transferred, sold or otherwise used in whole or in part without the permission of the copyright holder.

8.3. Access to intellectual property objects posted on the Platform is provided solely for personal non-commercial use without the right to reproduce, including without the right to copy, download, store such objects by the User, as well as without the right to any other use not provided for by this Agreement, including their sale, modification, distribution.

8.4. Any intellectual property posted on the Platform may be deleted or changed without notifying the User.

9. RESTRICTING ACCESS TO THE PLATFORM

9.1. When using the Platform, the User may post information and objects of intellectual property rights, including, but not limited to: ratings, reviews, comments. At the same time, in the event of posting information and/or objects of intellectual property rights, the User guarantees that he lawfully owns such information and/or objects of intellectual property rights or property rights to them and has received all necessary permits to post such information and/or objects of intellectual property rights from third parties. claims or compensate the Company for damage incurred by the latter in connection with the User's unlawful placement of information and/or objects of intellectual property rights on the Platform.

9.2. The Company reserves the right to refuse to post, as well as at any time to delete/block the information and/or intellectual property rights posted by the User at its discretion for any reason without notifying the User and without his consent.

9.3. The Company does not take any actions and is not responsible for the reliability of the information, the accuracy and legality of the placement of information and/or intellectual property rights on the Platform. The Company does not check the information and objects of intellectual property rights posted by Users and is not responsible for their accuracy and legality.

9.4. The Company undertakes to notify the User of claims of third parties regarding the information and objects of intellectual property rights posted by the User. The User undertakes to grant the Company the rights to publish the information and/or objects of intellectual property posted by the User or to delete them.

9.5. The User undertakes not to use access to the Platform to transmit, post or distribute in any way information the content of which is illegal, threatening, defamatory, offensive, violates intellectual property rights, spreads hatred and/or discrimination against people on any grounds, contains insults and claims against other Users. If the Company suffers any damage related to the placement of illegal information by the User, the User is obliged to compensate the Company for such damage in full.

9.6. When using access to the Platform, Users do not have the right to save, post, transfer or otherwise distribute any information and/or objects of intellectual property rights, if such actions may lead to a violation of the rights of third parties, including the rights to personal data protection.

9.7. If the Users discover information and/or objects of intellectual property rights, the use of which is limited or the rights to which belong to third parties, the User is obliged to contact the Company and report such a violation.

9.8. When using access to the Platform, Users are prohibited from performing any actions that violate or may result from a violation of the norms of applicable law, as well as the relevant norms of international law.

9.9. The Company may block the User's actions, as well as restrict the User's access to the Personal Account if the latter uses the account for purposes contrary to the provisions of this Agreement, including, but not limited to, situations when the User:

• uses the personal data of others without a relevant legal basis (e.g. without the consent or permission of such person);
• carries out illegal payment transactions;
• commits actions that lead to a deterioration in the operation of the Platform;
• shows disrespect to other Users, Partners and representatives of the Company;
• performs any other actions that carry financial and reputational risks or negative consequences for the Company.

9.10. The User has the right to contact the support service and submit a request to restore access to the functionality of the Platform. The Company may initiate an investigation and make a decision on such a request. In case of refusal to comply with the request, the Company is not obliged to provide the reasons for its decision.

11. DISPUTE RESOLUTION

11.1. This Agreement shall be governed by and construed in accordance with the substantive laws of the Emirate of Dubai, United Arab Emirates, without regard to its conflict of law provisions.

11.2. Any dispute, controversy or claim arising out of or in connection with this Agreement, including its violation, termination or invalidity (hereinafter referred to as the "Dispute"), the Parties undertake to settle through friendly negotiations. Either Party may provide the other Party with written notice of the existence of a Dispute. If the Parties do not resolve the Dispute within thirty (30) calendar days from the date of receipt of such notice, such Dispute shall be subject to final resolution in accordance with clause 11.3. of this Agreement.

11.3. Any Dispute that is not settled out of court shall be finally resolved by arbitration in accordance with the Arbitration Rules of the Dubai International Financial Centre (DIAC) Arbitration Institute/Abu Dhabi Global Market Arbitration Centre (ADGM Arbitration Centre) in force at the time the request for arbitration is filed. The place of arbitration is Dubai, UAE / Abu Dhabi, UAE. The arbitration proceedings shall be conducted in English. The number of arbitrators is one arbitrator.

12. TERM OF THE AGREEMENT

12.1. This Agreement is concluded for an indefinite period.

12.2. The Agreement may be terminated unilaterally by the Users and/or the Company, in the cases and in the manner provided for by this Agreement.

12.3. The Agreement may be terminated by mutual consent of the Parties.

13. FORCE MAJEURE CIRCUMSTANCES (FORCE MAJEURE)

13.1. The Parties shall be exempt from liability if the non-fulfillment or improper fulfillment of the terms of the Agreement occurred as a result of force majeure circumstances (force majeure), which are understood as extraordinary and unavoidable circumstances in these conditions of economic activity.

13.2. Force majeure circumstances in this Agreement shall be understood as: earthquakes, floods, fires, mass epidemics, epizootics, epiphytoties, strikes, war and military operations, declarations of a state of emergency, issuance of restrictive regulatory enactments of state authorities or local governments. of the Agreement or temporarily prevent such performance, as well as other circumstances beyond the control of the will of the Parties and directly becoming an obstacle to the fulfillment of the terms of this Agreement by the Parties.

13.3. The occurrence of force majeure circumstances must be confirmed by a document of the competent authority.

13.4. If force majeure circumstances and (or) their consequences temporarily prevent the performance of this Agreement, then the performance of this Agreement shall be suspended for a period during which it is impossible.

14. FINAL PROVISIONS

14.1. Nothing in this Agreement can be understood as the establishment between the User and the Company of agency relations, assignments, company relations, joint activity relations, labor relations or any other relations not expressly provided for by this Agreement.

14.2. Inaction on the part of the Company in case of violation of the provisions of the Agreement by any User does not deprive the Company of the right to take appropriate actions to protect its interests later, and does not mean the waiver of the Company's rights in the event of further committing similar or similar violations.

14.3. All rules and conditions for the implementation, performance of individual actions and/or operations posted in the relevant sections of the Platform are integral parts of this Agreement.

14.4. The Company has the right to change the terms of this Agreement by making additions and changes to the provisions of this Agreement. Such changes to the terms of this Agreement shall enter into force and become binding on the Parties immediately after their publication and posting on the Platform.

16.10. The provisions of this Agreement come into force from the moment of acceptance by the User and are valid until the parties fully fulfill their obligations.

16.11. By accepting the terms of this Agreement, the User guarantees his full civil capacity and full and clear understanding of the provisions of this Agreement, as well as the consequences of its non-fulfillment.

DIVA TECH – FZCO

Registration number: 10192

Business address: Dubai Silicon Oasis, DDP,

Building A2 unit 101, Dubai, United Arab Emirates

e-mail: partners@divatech.cc