Terms and Conditions

Introduction

Welcome to https://pspnext.com/ (the “Site”), owned and operated by NEXTPSP FZ-LLC.

Please read these Terms and Conditions carefully before using the Site.

By accessing the Site or using our services, you agree to be bound by the following Terms and Conditions and all terms and conditions incorporated by reference. 

Terminology

The following terminology applies to these Terms and Conditions, Privacy Police, and any and all Agreements: “User”, “You” and “Your” refer to you, a person accessing the Site and accepting these Terms and Conditions. 

The “Company”, “We”, and “Us” refer to NEXTPSP FZ-LLC.

Acceptance

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you shall discontinue using the Site and and services provided by the Company.

Amendments

We reserve the right to amend these Terms and Conditions at any time without prior notice to you, and any such changes to these Terms and Conditions will supersede and replace any previous Terms and Conditions effective immediately upon posting on the Site.

Your continued use of the Site after posting changes to these Terms and Conditions will constitute your acceptance of such changes.

If you do not agree with any changes to these Terms and Conditions, you may terminate the agreement between you and us regarding the use of the Site as set out in these Terms and Conditions.

Privacy

You acknowledge that you have read the Privacy Policy published on the Site at https://pspnext.com/  as it may be updated from time to time, and hereby consent to the collection, use, disclosure and retention of your personal information for the purposes identified therein.

You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.

Please refer to our Privacy Policy for more information.

Intellectual Property Rights

Unless otherwise indicated, the Site is the proprietary property of the Company and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights laws.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Representations 

By using the Site, you represent and warrant that:

      all registration information you submit is true, accurate, current, and complete;

  you will maintain the accuracy of such information and promptly update such registration information as necessary;

      you have the legal capacity and you agree to comply with these Terms and Conditions;

      you are not under the age of 18;

      you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

      you will not use the Site for any illegal or unauthorized purpose;

      your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Account, Password, and Security

If any of the services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your login credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You accept and agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss that you may incur as a result of someone else using your account and password, either with or without your knowledge. However, you shall be held liable for losses incurred by the Company or another party due to someone else using your account or password.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to: 

  systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  engage in unauthorized framing of or linking to the Site.

  trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  make improper use of our support services or submit false reports of abuse or misconduct.

  engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  attempt to impersonate another user or person or use the username of another user.

  sell or otherwise transfer your account.

  use any information obtained from the Site in order to harass, abuse, or harm another person.

  use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  delete the copyright or other proprietary rights notice from any Content.

  copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  use the Site in a manner inconsistent with any applicable laws or regulations.

Third-Party Websites and Content

The Site may contain links to other websites (“Third-Party Websites”) as well as text, graphics, designs, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Site Management

We reserve the right, but not the obligation, to: 

      monitor the Site for violations of these Terms and Conditions;

      take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

      otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SITE OR DELETE YOUR ACCOUNT, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without any prior notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. 

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. 

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without any prior notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. 

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

Governing Law

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws, rules and regulations of Ras Al Khaimah Economic Zone Authority.

Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the courts located in Ras Al Khaimah Economic Zone.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions brought by either Party, the Parties agree to first attempt to negotiate any dispute informally for at least 30 (thirty) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved in the courts of Ras Al Khaimah Economic Zone. 

Corrections 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. 

Disclaimer 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. 

Limitations of Liability 

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site; breach of these Terms and Conditions; any breach of your representations and warranties set forth in these Terms and Conditions; or your violation of the rights of a third party, including but not limited to intellectual property rights.

Miscellaneous      

These Terms and Conditions and any operating rules for the Site established by the Company constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the Parties with respect to such subject matter. 

The section headings used herein are for convenience only and shall not be given any legal significance.   

You shall not transfer or assign or sell any rights or obligations under these Terms and Conditions or otherwise grant any interest to a third party over your account without our prior written consent.

The Company reserves the right to transfer or assign these Terms and Conditions or any right or obligation under these Terms and Conditions at any time. 

The Company has the right to change any of its third-party service providers without notice to User.

Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular and a reference to one gender shall include a reference to the other genders.

Communication and Notices 

You consent to receive communications from us either by e-mail or by notice posted on the Site as determined by the Company at its sole discretion. You further agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We shall not be responsible for any automatic filtering you or your network provider may apply to communications we send to your e-mail address.

For any communications we will use the contact details you provided. Therefore, you shall immediately notify us of any change in the contact information.

All notices, instructions, requests, or other communications to be sent to us under these Terms and Conditions shall be in writing and shall be sent to [email protected]

All notices, instructions, requests, or other communications to you by us are deemed received:

      when we receive notification that an e-mail has been delivered to you;

      within one day after it has been published on the Site.