USER AGREEMENT

Please read the terms of this User Agreement (the "Agreement") carefully.

You agree to be bound by the Agreement on the terms and conditions set forth herein when you start using the application MyWard (the "App") in any form and by whatever medium.

You must stop using the App immediately if you find the terms of this Agreement unacceptable

1. Terms

“App”means computer software in the form of MyWard application for mobile devices running Android or iOS operating systems, published on the relevant official resources for the distribution of such computer programs (Google Play and Apple AppStore), allowing to select clothes, footwear and/or accessories and combine them into Fashion Looks in accordance with Users’ preferences as well as determined, as well as informing Users about the possibility to purchase such clothes, footwear and/or accessories from the Sellers.

"Operator"is a company incorporated under the laws of United Arab Emirates, under the trade name HELIX – FZCO, which owns exclusive rights to the App as the intellectual property.

"User"means any individual who has installed the App on a mobile device and intends to use the App in the ways set forth in this Agreement.

"Products"means images of any kind of clothing, footwear and/or accessories, provided in the App, that can be combined by the User into Fashion Looks in the App and/or purchased by the User in the Shops.

"Fashion Look"means a combination of several Products, each of which may be offered to the User for purchase in the Shops.

"Personal Account"means a part of the App interface in the form of a personal section of the User, allowing each User to change App settings and perform other actions related to use of the App hereunder.

"Seller"means a legal entity or an individual entrepreneur who owns the Shops for the sale of Products.

"Shop"means a website owned by the Seller or a person authorized by the Seller, intended for shopping for Products via the Internet, where the User can get acquainted with the full range of Products, prices for the Products, the Seller details, methods and conditions of payment and delivery of the Products and purchase the selected Products.

2. General terms of agreement

2.1.

This Agreement is a proposal containing all the essential terms and conditions of the contract between the Operator and the User for entering into a contract in relation to the use of the App.

2.2.

In accordance with the terms of this Agreement, the User receives a non-exclusive right to use the App for personal, non-business related purposes, without the right to distribute, decompile, modify the App or use the App for any other purposes not expressly stated in this Agreement.

2.3.

All the rights to the App and any of its components belong to the Operator. The User is not entitled to use the code or parts of the code of the App, trade name, trademarks, domain names and other distinctive signs, as well as other results of intellectual activity owned by the Operator on any legal grounds.

2.4.

The rights to the images of the Products published in the App belong to the Sellers or other persons who have granted the Sellers the right to use the image of the Products. Marks, logos, trademarks or other results of the intellectual activity of third parties published in the App or the Shops constitute intellectual property of the respective third parties and are protected by applicable law.

2.5.

The Operator is entitled at any time to revise or change the conditions of access to the App, supplement, modify, change, limit, expand the functional capabilities of the App, including the conditions of access to the App or separate functions of the App. The Operator shall have the right to set conditions, rules and restrictions for use of the App.

3. User registration

3.1.

The User shall go through the procedure of registration and creation of a Personal Account in the App to use the functions of the App.

3.2.

When registering in the App, the User creates a unique login, specifies his/her gender, enters a valid e-mail address in the App interface. Registration is considered completed when the User enters the code (password) sent to the e-mail address specified by the User.

3.3.

The User guarantees that the e-mail address provided during registration is true, accurate, up-to-date and does not belong to third parties.

3.4.

If the User provides false information during the registration or further use of the App, the Operator has the right to block or delete the Personal Account at its discretion.

3.5.

The User is solely responsible for the safety and confidentiality of his/her e-mail, as well as login and password to the Personal Account in the App. Any action performed by the User in the App shall be considered as actions performed by the User or his/her authorized representative. The Operator is not responsible for any negative consequences that may arise due to the loss of the User's access to e-mail or password to the User's Personal Account in the App.

3.6.

One User has the right to have only one Personal Account. The Operator has the right to block and delete duplicate Personal Accounts.

3.7

By providing an e-mail address to create a Personal Account, the User consents to the Operator's use of such e-mail address for the following purposes:

for effective interaction between the User and the Operator, including for the purpose of receiving feedback on the functionality of the App;
to send promotional messages about the existing or new functionality of the App, about any promotions and contests conducted by the Operator, as well as to send other information directly related to the fulfillment of the Operator's obligations under this Agreement.

The User’s consent to use the email address is granted to the Operator and any third parties engaged by the Operator for the proper execution of this Agreement.

3.8

The Operator has the right to dispose of statistical information related to the operation of the App, as well as information received from Users to ensure targeted display of advertising information to different audiences of Users.

4. Personal data

4.1.

Each User consents to the processing of his/her personal data by the Operator when providing such personal data to the Operator for the purpose of fulfilment of the Operator’s obligations under this Agreement.

4.2.

The Operator processes Users’ personal data in accordance with the requirements of the United Arab Emirates. The list of personal data that may be processed, the purposes and methods of personal data processing, as well as all other issues related to the processing of the Users’ personal data are defined in the Privacy Policy available at https://myward.com/privacy-policy.

4.3.

Each User may unilaterally terminate this Agreement at any time and withdraw their consent to the processing of personal data by the Operator by submiting a corresponding application to the Operator in writing or electronically. Withdrawal of the User’s consent to the processing of personal data by the Operator shall be deemed as cancellation of the Agreement by the User and shall entail termination of the User’s access to the App.

5. Use of app

5.1.

After completing the registration in the App, the User shall have access to:

a catalogue of Products that can be used to combine the Fashion Looks;
a catalogue of ready-made Fashion Looks composed of Products.

5.2.

Each Fashion Look contains several photos of Products that can purchase in the Shops.

5.3.

When the User clicks on the photo of the Product, the User is shown a link to the Seller's Shop of the given Product, which can be used by the User to purchase the Product from the Seller. Any functions of the Shop, including viewing information about the Product, purchase and payment for the Products, are not functions of the App itself and are provided by the Seller independently, without any involvement of the Operator, except for displaying a link to the Shop web page in the App interface.

5.4.

In case the User purchases Products, the contract of sale of the respective Products shall be concluded directly between the Seller and the User without the Operator’s participation, and payments under such contract shall be made directly by the User to the Seller. The Operator is not a party to the transaction, agent or representative of any of the Sellers and/or other interested parties in relation to the sale and purchase transaction of the Products, that may be performed by the User and the Seller in the Shop.

5.5.

The User may contact the Operator for technical support or feedback on the functionality of the App using the Operator's contact details.

6. Terms of use of the app

6.1. When using the App, each User is prohibited to:

6.1.1.

6.1.2.

Gain access to another User’s credentials or mobile device by any means, including fraud, breach of trust and hacking.

6.1.3.

Download, store, publish, distribute, and provide access to or any other way to use the intellectual property of the Operator and third parties.

6.1.4.

Use the software and carry out actions aimed at disrupting the normal functioning of the App, Personal Accounts of other Users or Shops by any means.

6.1.5.

Download, store, publish, distribute and provide access to or any other way to use viruses, Trojans and other malicious programs.

6.1.6.

Use any automated scripts (programs, bots, crawlers) to gather information in the App.

6.1.7.

Carry out illegal collection and processing of personal data of other persons.

6.1.8.

Use the App in any ways other than through the interface provided by the Operator.

6.1.9.

Reproduce, duplicate, copy, sell, carry out trading operations and resell access to use of the App for any purpose.

6.1.10.

Download, store, publish, distribute and provide access to or any other way use any information which:

contains threats, discredits, offends the honor and dignity or business reputation or violates the private life of other Users or third parties;

violates any rights of third parties;

is vulgar or obscene, contains pornographic images and / or texts and / or scenes of a sexual nature;

contains scenes of inhumane treatment to animals;

contains the description of the means and methods of suicide, any incitement to his commission;

propagandizes and / or promotes incitement to racial, religious, ethnic hatred or enmity, propagates fascism or ideology of racial superiority;

contains extremist materials;

promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;

contains information of limited access, including, but not limited to, state and commercial secrets, private information of third parties;

contains advertisements or describes the attractiveness of the use of narcotic substances, information on the distribution of drugs, recipes for their manufacture and tips for use;

has a fraudulent nature;

violates the applicable legislation;

does not correspond to the purposes of creating the App or infringes upon the interests of the Users.

6.2.

The User is solely responsible for any information published by the User in the App.

7. Limitations of liability

7.1.

The User is responsible for all actions performed with this Agreement and application law.

7.2.

The Operator provides only technical possibility to use the App and is not responsible for actions or inactions of any persons regarding the use of the App or the content of Personal Accounts. The Operator shall not be liable for any damage caused to the User as a result of improper use of the App.

7.3.

The App is provided “as is”, without warranty of quality and suitability for any express or implied purposes of the User. The Operator shall have the right to terminate the User’s access to the App without any prior notice, if necessary, at the discretion, in the event that the User violates any terms of this Agreement or applicable law. The Operator is not responsible for possible consequences caused by incorrect or inaccurate combinations of Products. The Operator does not guarantee that the App will operate continuously and without errors. In case of errors and malfunctions the Operator undertakes to eliminate such errors within a reasonable time.

7.4.

The Operator is not be responsible for the operation of any Shops, as well as for the quality of the Products offered by the Sellers, and for the fulfillment of the Seller's obligations to transfer the Products to the User. The User acknowledges and agrees that any claims regarding the Products purchased by the User in the Shop (including but not limited to the quality, quantity, completeness of the Products, delivery and return of the Products) shall be addressed directly to the respective Seller. The Operator shall not pay any compensation or be involved in the resolution of any claims relating to the Products or the obligations of the Sellers. The Operator makes no warranty of any kind for the Products provided by the Sellers. Sellers may change any information on the Products at any time. The Operator is not responsible for any information about the Products not being up to date.

7.5.

The Operator is not responsible for illegal use by Sellers of trademarks/logo/other results of intellectual activity of third parties. If any Seller infringes the intellectual property rights of third parties, claims related to such infringements shall be sent directly to the Seller who committed such infringement. The Operator does not resolve such claims and does not pay any compensation.

7.6.

The Operator shall not be responsible before the User or to any third party for failure indirect, incidental, unintentional damage, including lost profits or lost data, damage to the honor, dignity or business reputation, caused in relation to use of the App, content of the App or other materials that may be accessed by the Users.

7.7.

The Operator takes all necessary technical and organizational measures to ensure information security and normal operation of the App, however, under no circumstances it is responsible for non-fulfillment or improper fulfillment of obligations, as well as possible damage resulting from:

unlawful actions of third parties aimed at violating information security or the normal functioning of the App ,

failures in the App, caused by errors in the code, computer viruses and other harmful code fragments in software Apps ,

absence (impossibility of establishing, termination, etc.) of Internet connections with the Operator’s servers or the Shops,

state restrictions that make it difficult or impossible to fulfill the obligations hereunder,

other cases related to the inability to use the Internet and / or computer equipment as a result of actions or omissions of third parties.

7.8.

The User agrees with the fact that any transfer of any information on the Internet, including secure transfer of information in encrypted form, is not guaranteed to be protected from unauthorized access to it by third parties. Therefore the Operator shall not be responsible for any damage that may occur due to the unauthorized access of third parties to the User’s information.

7.9.

The Operator is not responsible:

for losses incurred by the User or third parties as a result of the User reporting inaccurate information, as well as caused by the actions (inaction) of the User.
for losses incurred by the User as a result of disclosure of information provided by the User to third parties through User’s fault.
for any disputes and disagreements arising between the User and third parties, including Sellers, if such disputes and disagreements are not caused by violation of Operator’s obligations hereunder.

7.10.

In any circumstances, the responsibility of the Operator to the User limited to an amount equal to 40 (forty) AED.

8. Final provisions

8.1.

The Agreement may be changed by the Operator at any time without any special notice to the User. The new edition of the Agreement shall become valid when it’s published in the App. The User is responsible for regular familiarization with the current version of the Agreement. In case of disagreement of the User with the amendments or additions to the Agreement, the User is obliged to cease further use of the App.

8.2.

The Operator has the right to unilaterally refuse to fulfill the Agreement and delete the User's Personal Account in the following cases:

in case the User violates the terms and conditions of the Agreement;
in case the Operator decides to terminate the App.

8.3.

This Agreement shall be governed and construed in accordance with the laws of the United Arab Emirates.

8.4.

In case of a dispute between the Operator and the User related to the execution of the Agreement, it shall be resolved by agreement of the Parties or, if agreement cannot be reached, it shall be resolved by the court at the Operator’s location. Applicable law is the law of the United Arab Emirates.

8.5.

All correspondence between the Parties, notifications and appeals shall be conducted exclusively in English or Russian.

8.6.

The Agreement shall become valid from the moment of its publication in the App and remain valid until adoption of the new version of the Agreement.

Contact details of the Operator:

Company trade name: Versa Technology

Address: Dubai, Jumeirah Bay X2

Email Address: info@myward.com