Definitions
The Website is owned and operated, and the applications are owned and provided by Ethos Integrated Solutions LLC, a company incorporated in the United Arab Emirates, located at Suite No 301, Ibn Battuta Gate Offices, Sheikh Zayed Road, Jebel Ali, Dubai, PO Box: 75745, UAE (the “Owner”). The Owner is also referred to in these terms as “we”, “us”, “our” and “ours”. The Website and Applications are collectively referred to as “KnowledgeTRAK” and the “Service(s)”
You, are the user of the website or applications (also known as the “User”), in your capacity as the creator of assignments and surveys for completion by Shoppers and/ or your Customers by using KnowledgeTRAK, are subject to the terms herein and have agreed to be bound by them.
The assignee of such assignments is the individual appointed to carry out the assignment, also known as the “Shopper(s)” and “Mystery Shopper(s)”
By using KnowledgeTRAK and accessing the information, resources, services, products, and tools we provide, either directly or indirectly on either the website or within the app (hereafter referred to as “Resources”), you understand and agree to accept and adhere to the following terms and conditions set forth below (the “Terms of Use”).
In addition to these Terms of Use, your use of KnowledgeTRAK is governed by our Privacy Policy. You agree to KnowledgeTRAK’s collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time.
Introduction
The following terms and conditions apply to the use of:
- The website (knowledgetrak.com) (“Website”);
- mobile applications (“App”):
- for iPhone, iPad and other devices using the iOS
- for devices using another OS
This agreement is in effect as of January 1, 2016. We reserve the right to change, modify, add or remove portions of these Terms of Use. You can view the most-current version of these Terms of Use at this page www.knowledgetrak.com.
By using KnowledgeTRAK, you agree to the operative Terms of Use in place at the time of your first use, including any and all changed or modified terms. Your continued use of this site and app after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If you do not understand and agree to these Terms of Use, please do not use KnowledgeTRAK.
Users commit to KnowledgeTRAK that you have the rights to access and use the services in the capacity that you are availing services for. In the case of accessing the services on behalf of a company, you confirm that you have the appropriate authority to enter into such contract and that you are authorised to create content on behalf of the company.
Billing and Special Fees (“Fees” and “Payment”)
In respect of User Utilisation of KnowledgeTRAK’s survey tools, collection of payment for these services will be in the form of monthly subscription fees, in advance.
In respect of Mystery Shopping Assignments, KnowledgeTRAK charges fees and collects payment in advance for each Service Engagement. You will be charged a one-time fee as well as a percentage of the stated number of Mystery Shopping assignments you wish to have carried out. An assignment shall be considered complete once the deliverables have been accepted by you. If one or more assignment is not completed, KnowledgeTRAK shall issue a credit to you equal to the fees for such assignments, which you may apply against future amounts owed by you to KnowledgeTRAK pursuant to this Agreement.
You must provide KnowledgeTRAK with valid credit card or an approved purchase order as a condition to signing up for the Service. You agree to provide KnowledgeTRAK with complete and accurate billing and contact information, including but not limited to, your legal name, street address, e-mail address, and the name and telephone number of an authorized billing contact. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, KnowledgeTRAK reserves the right to terminate your access to the Services, and any outstanding Service Engagement, in addition to any legal remedies. KnowledgeTRAK will automatically bill your credit card or issue an invoice for the fee set forth in each Service Engagement/ Subscription, prior to commencing each Service Engagement/ Billing Cycle. If you believe that any invoice is incorrect, you must contact us in writing within sixty (60) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
KnowledgeTRAK reserves the right to amend the fees and charges in relation to the services at any time, giving users no less than thirty (30) days notice. The change to pricing will then take effect at the end of the subsequent billing cycle.
In respect of taxes, unless otherwise stated, you are responsible for any taxes or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay KnowledgeTRAK for the Services without any reduction for Taxes, where appropriate. If KnowledgeTRAK is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.
Collection of Information/ User Content
We may collect personal identification information from Users in a variety of ways including, but not limited to, when Users visit our site, register on the site, download the App, launch the App, place an order, subscribe to the newsletter, create an assignment, respond to a survey, and in connection with other activities, services, features or resources we make available through KnowledgeTRAK. Users may be asked for, as appropriate, name, email address, mailing address, phone number and credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us.
KnowledgeTRAK reserves the right to use the information collected to perform statistical analysis from time to time with the intention of further improvement of the services or for use as deemed fit by us. By agreeing to these Terms, you grant KnowledgeTRAK the right to use, reproduce, distribute, modify, adapt, create derivative works of, and otherwise exploit your content, on a worldwide, royalty-free basis. Where this information is used, names and leading marks will be omitted as to not breach the confidentiality of parties to this agreement. Any information collected will be securely maintained by KnowledgeTRAK and will not be used for any purpose that contradicts confidentiality.
For further information on the KnowledgeTRAK privacy policy, please refer to our Privacy Policy.
User Responsibilities
Users shall not knowingly or willfully use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with KnowledgeTRAK’s provision of the Services.
KnowledgeTRAK reserves the right to remove content at its discretion and may terminate accounts of Users who violate the Terms of Use. The creation and maintenance of content by users is their responsibility to maintain and keep up to date, KnowledgeTRAK accepts no liability for content posted by its Users.
You agree that you will not, under any circumstances, post or transmit any Content (including software, text, images, or other information) that:
- is unlawful or promotes unlawful activities;
- defames, harasses, abuses, threatens, or incites violence towards any individual or group;
- is an attempt to hide your identity or to represent yourself as someone else
- is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- is spam, is machine or randomly generated, constitutes unauthorized or unsolicited advertising, chain letters or any other form of unauthorized solicitation;
- promotes any form of lottery or gambling;
- contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- impersonates any person or entity, including any of our employees or representatives; or
- violates the privacy of any third party.
Users agree to take reasonable steps to ensure that their accounts and content remains secure. This includes, but is not limited to, safeguarding credentials such as username(s) and password(s). In the event that you suspect or become aware that any of your credentials have become known to an unauthorized party, it is your responsibility to notify KnowledgeTRAK immediately and take further steps to protect your information whilst credentials are updated.
In the event that an account remains dormant for a period deemed prolonged by KnowledgeTRAK, we reserve the rights to temporary or permanently suspend your account, which may result in loss of content created by you.
Users agree to defend, indemnify and hold harmless KnowledgeTRAK and any associated customers, suppliers, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including legal fees, due to or arising from your use of the Site or the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.
Limitation of Warranties
By using our services, you understand and agree that all resources we provide are “as is” and as “available”. Use of the service is at your own risk. This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements
- the use of our Resources will be uninterrupted, timely, secure or free from errors
- the information obtained by using our resources will be accurate or reliable, and
- any defects in the operation or functionality of any resources we provide will be repaired or corrected
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content
- no information or advice, whether expressed, implied, oral or written, obtained by you from KnowledgeTRAK or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. KnowledgeTRAK will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Disclaimers
KnowledgeTRAK requires that neither the shoppers nor any member of their immediate family have a material, personal or financial relationship with the company the assignment relates to, or to any of its direct competitors. By accepting the terms and conditions of use of the services, they certify that no other relationship, bias or ethical conflict exists which will prevent them from performing any assignment fairly. Please refer to the code of conduct at the bottom of these terms for further information.
User Indemnity Agreement
You agree to indemnify and defend KnowledgeTRAK, its associated companies, officers, and employees from all claims and demands, including legal fees, due to or arising from your use of the services and any other conduct related in any way to the service or the website including, but not limited to breaching any warranty of provisions within these terms.
In the event of any dispute arising from the relationship between yourselves and KnowledgeTRAK or these terms of use, the prevailing party shall be entitled to claim reasonable legal fees and costs from the other party.
Copyrights/Trademarks
All content and materials available on www.KnowledgeTRAK.com, including but not limited to text, graphics, website name, code, images and logos, trademarks, copyrights, videos and all intellectual property rights related thereto are the exclusive property of KnowledgeTRAK and are protected by applicable copyright and trademark laws. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights. Use of the KnowledgeTRAK content or materials within KnowledgeTRAK for any purpose not expressly permitted by these Terms is strictly prohibited. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content within KnowledgeTRAK is strictly prohibited, unless specifically authorized by KnowledgeTRAK. Any KnowledgeTRAK generated content is the property of KnowledgeTRAK.
In respect of User content, KnowledgeTRAK will respond to notices of alleged copyright infringement in accordance with the relevant jurisdictional laws. If you believe your work has been used in a way that infringes copyright at any time, you may notify KnowledgeTRAK and its agents of such allegations and they will subsequently be investigated.
Termination
Any use of the KnowledgeTRAK services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Service.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and resources with or without notice and for any reason, including, without limitation, breach of these Terms of Use.
Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your user account and may be referred to appropriate law enforcement authorities for subsequent action. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Termination Without Cause
Either party may terminate this Agreement without cause, effective immediately upon notice to the other party, at any time when there are no outstanding Service Engagements or unpaid balances due hereunder. Accounts will cease to be accessible at the end of the current billing cycle or at the end of the Service Engagement.
Surviving Provisions
All sections in this Terms and Conditions shall survive any termination of this Agreement.
The failure by KnowledgeTRAK to enforce any right or provision under these Terms shall not constitute a waiver of that provision or any other provision of these Terms. If any provision of these Terms shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.
Refund Terms
If you have not received KnowledgeTRAK services as promised, you can request a refund of the cost of your order by written request printed on your company’s letterhead detailing legitimate reasons for this refund. Should the initial findings provided by KnowledgeTRAK to you not be accepted for up to a period of 5 days, KnowledgeTRAK retains the right to charge the Client for the full service.
Applicable Law and Jurisdiction
Use of the KnowledgeTRAK software and applications shall be governed, construed, and enforced in accordance with the laws of Dubai, United Arab Emirates, without regard to its conflict of laws rules. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Dubai, United Arab Emirates.