Terms of sale
Preamble
The General Conditions of Sale described below detail the rights and obligations of iProfit FZCO (myDev) and its Client related to the sale of its services.
Any service rendered by myDev therefore implies the Client’s unreserved acceptance of these general conditions of sale.
Article 1 - Principles
Article 2 – Subject-matter
The purpose of these general terms and conditions is to define the rights and obligations of the parties related to the online sale of the services offered by myDev to Clients. They concern the following services: personalized e-commerce site, including hosting and domain name, distributed on the Internet and in the form of Android & iOS Mobile Applications, their publication on Google Play and App store as well as the management interface to manage the whole.
Services are provided by iProfit FZCO from the United Arab Emirates and can be performed for customers located in any country. Specific conditions may apply depending on the Customer’s jurisdiction.
Article 3 – Order
Le Client passe sa commande en ligne, à partir du catalogue en ligne et au moyen du formulaire qui sera envoyé préalablement à l’enregistrement sur la plateforme de paiement Stripe.
Pour que la commande soit validée, le Client devra accepter, en cliquant à l’endroit indiqué sur la page de souscription, les présentes conditions générales de vente. Its acceptance will result in the sending of a confirmation email from myDev, in accordance with the conditions described below.
Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the services offered.
In certain cases, including non-payment, incorrect address or any other problem on the Client’s account, myDev reserves the right to block the Client’s order until the problem is resolved.
If it is impossible to render the service, the Client will be informed by e-mail.
The cancellation of the order for this service and its possible reimbursement will then be made, the rest of the order remaining firm and final.
Once the Client has been hired and the work efforts have been made, it is no longer possible for the Client to leave. The customer may, however, terminate his services by referring to the article: Termination, of this document.
For any question relating to the follow-up of an order, the customer should contact the customer service department by e-mail at the following address: [email protected]
Article 4 – Electronic signature
The online provision of the Client’s bank details and the final validation of the order will be the proof of the Client’s agreement and will be worth:
- payment of the sums due under the purchase order;
- signature and express acceptance of all the transactions carried out.
In the event of fraudulent use of bank details, the customer is invited to contact [email protected] as soon as this is discovered.
Article 5 – Order Confirmation
The contractual information will be confirmed by e-mail no later than the start of rendering the services, to the address indicated by the Client in the order form.
Article 6 – Proof of transaction
The computerized registers, kept in the computer systems of myDev under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable media that can be produced as proof.
Article 7 – Data on services
The services governed by these general conditions are those which appear on the website of myDev and which are indicated as carried out by myDev or under its control. They are offered within the limits of the availability of myDev.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, myDev cannot be held liable.
Article 8 – Financial conditions
8.1 Tarifs applicables
The prices of the services offered by myDev are expressed in Euros and exclude tax where applicable.
8.2 Minimum commitment period and renewal
The Contract is concluded for an indefinite period, the myDev solution being subject to a minimum commitment period defined by default as twelve (12) months. At the end of this period, the contract will be tacitly renewed for a further period of 12 (months), but may be terminated in accordance with the terms of article 16 of this document.
Unless specifically provided for in the Contract, the minimum commitment period and the invoicing of a service will take effect from the date it is put into service.
8.3 VAT
Local VAT (UAE VAT 5%) is applied in accordance with UAE regulations and applicable territoriality rules. For customers not subject to UAE VAT, invoicing is exclusive of tax, where applicable under the reverse charge mechanism.
8.4 Facture
Invoices will be issued for services provided. Unless otherwise agreed, invoices are issued automatically after confirmation of payment. Payment of an invoice is due upon receipt.
myDev will send invoices in electronic format. The client is responsible for keeping his invoices. As myDev is committed to protecting the environment, invoices requested by the customer in paper format may be invoiced.
Any questions relating to invoicing should be sent by e-mail to: [email protected]
8.5 Late payment penalties
Any delay in payment will result in the immediate payment of all sums owed to myDev by the Client, without prejudice to any other action that myDev may be entitled to take against the Client in this respect.
Besides, myDev will invoice late penalties of 5% of the amount excluding tax of the invoice remaining unpaid, on the following invoice; Finally, the late debtor will be required to pay myDev a lump sum compensation for recovery costs of one hundred sixty (160) AED; moreover, myDev will be entitled to suspend rendering the services until full payment of the unpaid invoice without this non-rendering being considered related thereto.
8.6 Rate changes
myDev may change its prices at any time. The new rates will not apply retroactively. If you do not agree with the changes or modification of the rates, you have the right to reject the change or modification by canceling the applicable paid service before the due date of your next payment.
Article 9 – Modes and details of payment
9.1 Regulations
Payment of the order via the payment platform on the myDev website. The Client must enter his bank details in the space provided. myDev reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in case of non-payment. myDev has engaged external service providers who provide payment gateways on the website. The payment gateway has not necessarily been screened or reviewed by myDev and myDev is neither responsible for the privacy practices or the content of such payment gateway nor shall it be liable for any inaccurate, inappropriate or any information appearing on this payment gateway. The said payment gateway may contain cookies. Although myDev uses cookies in other parts of the website, cookies received with the payment gateway are / may be collected by that service provider and myDev does not have access to this information.
These terms and conditions do not address, and we are not responsible for, the privacy, use, collection, storage or transfer of information or other practices of third parties, including, but not limited to, the payment gateway to which myDev links. The inclusion of a link on myDev does not imply our endorsement of the linked application or service.
Please note that myDev is not responsible for the collection, use and disclosure policies and practices (including data security practices) of any third party.
It will be assumed that payment is made from the users/customers/credit card/debit card bank account via the payment gateway and not from a third party account and once payment has been made, myDev will not be liable to refund any payment made by the user/customer for any reason whatsoever. The payment and other terms of this payment gateway must be read and understood by the user/client before starting any transaction with myDev. Please note that when the customer opts for payment gateway services, the customer will be transferred to the payment gateway service provider’s application/website and myDev will not be responsible for any activities/transactions concluded between the customer and the payment gateway service provider.
In particular, myDev reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. myDev has implemented an order verification procedure to ensure that no one is using another person’s bank details without their knowledge. As part of this verification, the Client may be asked to send, by e-mail, to myDev a copy of a business license, an identity document and proof of address. The order will then only be validated after receipt and verification by myDev of the documents sent.
9.2 Payment in advance
For one-off services (custom developments, design packages, etc.), the price is payable according to the schedule indicated on the quotation/invoice. Subscriptions are payable monthly in advance.
9.3 Suspension
myDev may suspend all or part of the services in the event of (i) non-payment, (ii) non-conforming or illicit use, (iii) breaches of these GTC/GTC, (iv) abusive, threatening or disparaging behaviour towards its teams. Suspension does not give entitlement to any refund.
Article 10 – Additional rules governing users´e-commerce services via myDev solutions
10.1 Responsibilities
You acknowledge and agree to provide public contact information, a refund policy and order processing times in your myDev Store.
With this in mind myDev has indeed developed specific tools to help its users create and conduct e-commerce activities using some of the myDev products, including but not limited to selling products and collecting generates sales through integrated third-party solutions, including but not limited to Stripe and any offline payment methods.
It is understood and agreed that the use of such third party to process payments for e-commerce activities will establish the contractual relationship between the users and such third party payment and processing services of the platforms, and the user declares and hereby warrants that it complies with all the terms and conditions governing such relationship.
Thus, myDev also reminds its users that for any e-commerce activity, you acknowledge and accept that the Services do not constitute a marketplace, and that any sales contract entered into through the Services is directly binding both on your client and you. You are the registered seller of all the items you sell through the Services. You are responsible for the operation of your myDev Store, your Materials, the goods and services that you may sell through the Services, but also for all transactional aspects between your clients and you. This includes, but is not limited to, client payment authorizations as part of their purchase, refunds, returns, provision of any client or business services, fraudulent transactions, mandatory legal communications, compliance with regulations, actual or perceived violations of applicable law (including, consumer protection laws in any jurisdictions where you sell products or services) and your violations of these Terms of Service. You represent and warrant that your Store, Materials, and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or third party rights. For the avoidance of doubt, myDev will not be the official seller or merchant, and will not be responsible for your Store or any items you sell to your clients through the Services.
You are fully responsible for any goods or services you offer for sale through the Services (including description, price, fees, taxes you calculate, defects, mandatory legal communications, compliance with offers or promotional content), in particular with regard to compliance with the applicable laws or regulations.
You cannot use myDev Services for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including copyright laws), laws that apply to you in your client’s jurisdiction. You will comply with all the applicable laws, rules and regulations (including but not limited to obtaining any permission or license you may have or may be required to operate your store, and compliance with associated requirements) during your use of a Service and fulfilment of your obligations under the Terms of Service.
10.2 E-commerce order processing
Users remain solely and entirely responsible for the performance and delivery of their products, goods and services to their End Customers in accordance with local laws and regulations, and myDev assumes no responsibility or obligation whatsoever in this regard.
10.3 Claims
Users are solely and fully responsible for any claims or warranties made in connection with their e-commerce operations and for any claims made by end-users against them. This includes, but is not limited to, any claims regarding product compliance, refunds, discounts, product defect or malfunction, delivery issues, latent defect, data privacy policy, data processing agreement, personal data, cookie policy or any other type of questions regarding the relationship between users and the End Client.
The users are solely and entirely responsible for handling any e-commerce related customer service or End User complaints related to their e-commerce, including, but not limited to, any issues related to payments, promotions, discounts and refunds or credit card reimbursement. E-commerce users agree to provide complete and accurate contact/identity information on their Site and/or application or sites to facilitate the direct provision of feedback or, as applicable, complaints by their End users.
10.4 Rules and regulations concerning e-commerce taxes
As a service provider, myDev does not provide tax, financial or legal advice to its users or End Clients, and no information provided by myDev should be construed as such. Users are solely responsible:
- taxes and fees associated with their e-commerce, including, but not limited to, taxes related to the purchase or sale of products, goods or e-commerce related products or services;
- collect, declare and remit the required taxes to the government or to the relevant tax authorities and entities;
- inform their End Users of required or mandatory taxes, and provide them with invoices and tax documents due, as required by applicable laws and regulations; and more generally
- implementing, respecting and enforcing all the necessary rules dictated by the applicable regulations or law.
myDev also disclaims any responsibility for any tax estimates, reports or related documents or information that myDev may provide through its solutions and services; it being understood that the said information must be considered “for information only” or “for information”; therefore, as the case may be, no User will be able to rely solely on them to comply with its tax obligations or any other obligation. The indications are given “as is”, “as available” and without any guarantee on the part of myDev. Therefore, myDev will not provide any assistance or advice to the user or End Clients to fulfill their legal obligations, tax assessment, tax collection, tax declaration or any other type of tax or commercial matter; in fact, myDev will not be held responsible for any type of tax adjustment, tax declaration, tax matter or tax legal action or financial problems in progress between the User and the End Client or between, but without limited to local, national, federal authorities, tax authorities and the User and/or End Client.
Article 11 – myDev best practices and mandatory guidelines for mobile websites and apps
Nous demandons donc que les directives et engagements suivants soient respectés à tout moment et en toutes circonstances :
Vous ne devez pas créer de Site et / ou application commerciale non autorisée ou illégale (comme, mais sans s’y limiter, du spam) avec les solutions de myDev.
You must not create any Site and/or application which content may defame, stalk, intimidate, abuse, harass, threaten, impersonate or intimidate any person or entity and you must not use content using confidential information or information, content or data obtained or held unlawfully;
You will not create any myDev Site and/or application to display violent, nude, part-nude, discriminatory, illegal, infringing, hateful, pornographic, child molesting or sexually suggestive photos, videos or any other similar content;
You must not create myDev Site and/or application to disseminate any kind of propaganda, false rumors on any subject or fake news, governmental/institutional messages or political messages directly or indirectly related to war, war crimes, armed conflict, conflict, politics, religion, ethics, terrorism or related to any international or private organization. This includes any type of information or message that may intimidate, influence or corrupt the minds or behavior of people in any way or circumstance;
You must not create any Site and/or application offering content related to alcohol, dating or other adult content (including advertisements) as well as any other content contrary to morals and the effective legislation in the United Arab Emirates, where iProfit FZCO (myDev), the company that publishes this solution, is based;
You must not use myDev to do anything illegal, deceptive, malicious or discriminatory and you must not use our services for any illegal or unauthorized purpose, including but not limited to any matters related drugs or illegal product;
You agree to comply with all the laws, rules and regulations (federal, state, local and provincial, national or any applicable regulations such as European regulations (if applicable to you), but not limited to); myDev will keep a copy of such illegal content as evidence in case of legal action, in order to preserve its own rights or the rights of the third parties.
Article 12 – Response time
Except in cases of force majeure or during closing periods clearly announced on the home page of the website, the response times will be, within the limits of the availability of myDev, those indicated below. Turnaround times run from the order registration date indicated on the order confirmation e-mail.
Production of the Service subscribed to by the Customer begins on receipt of the first payment by myDev, subject to validation of the project by the Customer. The indicative delivery time for a project is three (3) weeks for the website part and three (3) weeks or more for the application depending on the publication times on the App Store or the Google Play store.
In case of delay, myDev cannot be held liable for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, may be claimed by the Client.
In case of unavailability of myDev to carry out the service, the Client will be informed as soon as possible and will have the possibility of canceling his order. The Client will then have the possibility of requesting the reimbursement of the sums paid within 30 days at the latest of their payment.
Service availability also depends on the host and third-party providers (DNS, CDN, email). Maintenance windows may occur without compensation.
Article 12 bis - Mobile application: conditions & deadlines
The development and/or publication of the mobile application takes place only after (i) written validation, or by any durable means, of the functional scope of the website, (ii) the website has actually been put online, and (iii) up-to-date regulations have been met. No firm deadline is guaranteed for the mobile application: deadlines are indicative and depend in particular on the acceptance phase of the website and the validation procedures of the stores (Apple/Google) and/or their policies.
Article 12 ter - Blinds & compliance
Mobile publishing requires ongoing compliance with blind policies. The Customer provides the required elements (descriptions, visuals, classifications, RGPD/Privacy policies) and remains solely responsible for their accuracy. Refusal or suspension by a blind cannot engage the responsibility of myDev nor be the basis for a refund.
Article 13 – Modes of implementation
Work will only begin once payment has been confirmed by myDev’s bank.
The service is provided within the period specified on the order form, from the date of receipt of the order form by myDev.
In the event of non-compliance with the above payment conditions, myDev may suspend or cancel the service.
Upon completion of the service, a completion document will be issued. The client must indicate on this document, in the form of handwritten reservations accompanied by his signature, any anomaly concerning the service or the conditions under which it was carried out.
This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the completion document.
In case that the Client chooses the Serenity and/or Design Packs, a logo, a color palette and a complete font are produced by myDev with the maximum of three (3) return trips between myDev teams and the client. The texts, the choice of images and the formatting of the website are carried out by myDev.
Drafting as well as integration of the general conditions of sale, general conditions of use, privacy policy, personalized legal disclaimer as well as the addition of products on the Client website are paid services that myDev offers and can produce after validation of the proposed estimate and its full payment.
The purchase of a domain name by the Client is necessary for the commissioning of myDev solution. The cost of the domain name is covered by myDev company up to the maximum of forty (40) AED. In case that the cost is greater than forty (40) AED, the remaining amount will be borne by the client. In case the Client is in possession of a domain name, he must either make it available to myDev by sharing his accesses or by creating a new user so that myDev can access it and configure the online Client website.
Any validation, acceptance, “go-live” or acceptance of a deliverable may be carried out by any durable means of communication (email, professional messaging, voice recording or written), as long as it originates from the Customer or his authorized representative.
Article 13 bis - Scope, additional requests & impact on deadlines
Any request for evolution, addition of functionality, third-party integration or modification of the initial scope will give rise to an additional estimate. Indicative lead times and costs are automatically revised accordingly.
Article 14 – Obligations of myDev
The obligations of myDev constitute an obligation of means at the end of which the services will be rendered in strict compliance with the professional rules in use as well as, where applicable, in accordance with the conditions of the contract. To do this, myDev will assign to rendering the services professionals with the skills required to ensure their performance in accordance with its quality standards.
Article 15 – Obligations of Client
In order to facilitate the proper rendering of the services, the Client undertakes:
- to provide myDev with complete, accurate and timely information and documents without being required to verify their completeness or accuracy;
- to take timely decisions and to obtain the necessary hierarchical approvals;
- to appoint a correspondent with decision-making power;
- to ensure that the key contacts and the correspondent are available throughout the rendering of the services;
- to notify myDev directly of any possible difficulty relating to the rendering of the services.
Article 16 – Termination
Under penalty of unenforceability of the termination, each Party undertakes to comply with the formalism provided for below. Unless otherwise stipulated, the termination notice to be respected by the parties is three (3) months beyond the non-cancellable subscription year and is calculated from the receipt of the solution. The client acknowledges that he can no longer change a service after having requested its termination. Termination of the Contract, for any reason whatsoever, will result in the acceleration of all sums due and their immediate payment.
In the event of one of the Parties failing to meet one of its essential obligations under the Contract, the other Party may give formal notice to remedy the situation within thirty (30) days of receipt with acknowledgement of receipt. In the absence of improvement within this period, the Contract may be terminated automatically by an e-mail with acknowledgment of receipt.
In case of termination of the Main Service, all the associated Additional Services will be terminated automatically, without prejudice to the rules relating to Minimum Commitment Periods.
Service termination before the expiration of its Minimum Commitment Period will immediately make payable the amounts due for the period which has not been completed, the said amounts losing the benefit of any discounts without prejudice to the sums likely to be claimed as damages.
All the monthly fees due for the period of less than a full calendar month will be calculated on the basis of one-thirtieth (1/30th).
The contract can only be terminated by application of the termination regime; it being understood that the termination will not give rise to restitution between the Parties.
Article 16 bis - Effects of termination / Restitution
On expiry or termination of the contract, all access is revoked and services are deprovisioned. No restitution is due to the Customer for the website, mobile application, databases, configurations, models, templates, hosted media or content exports. Only the domain name, if registered by myDev in the Customer’s name, may be transferred upon express request and after full payment of all sums due.
Article 17 – Information and publicity
The Client acknowledges and accepts:
- that the parties may, unless otherwise expressly requested by the other party, correspond or transfer documents by e-mail circulating on the Internet;
- that none of the parties exercises control over the capacity, reliability, access or security of these emails;
- that myDev shall not be liable for any loss, damage, expense or harm caused by the loss, delay, interception, misappropriation or alteration of any email caused by any fact. In general, the parties undertake to comply with the regulations applicable to the Personal Data Protection Law and in particular the provisions of the Federal Decree Law No. 45 of 2021, which constitutes an integrated framework to ensure the confidentiality of information and protect the privacy of individuals in the UAE. It provides a proper governance for data management and protection and defines the rights and duties of all parties concerned.
17.1 Confidential information
Each party undertakes not to disclose confidential information received from the other party. Confidential information means information of any kind, visual or oral, on any media whatsoever, relating to the structure, organization, business, various internal policies, projects and personnel of each of the parties. Subject to the exceptions referred to below, this obligation of confidentiality will take effect for the following period: 1 year after the end of the services. Confidential are also the content of the services as well as the reports, letters, information, notes, quotes provided by myDev during the provision of the services. These documents are communicated to the Client for strictly internal use and on the condition that they are not disclosed to the third parties or attached to any document that he would be called upon to produce. If the Client wishes all or part of these documents to be disclosed to/or used by the third party, he must request prior authorization from myDev in the written form. Terms and conditions applicable to this disclosure will then be set.
17.2 Excluded information
The obligations and restrictions set forth above do not apply:
- the confidential information that belongs to the public domain, or was acquired freely before the commencement of the service;
- are or become known other than as a result of a breach of this section;
- are or become known through other sources not subject to disclosure restrictions;
- or must be communicated by virtue of a legal or professional obligation or at the request of any judicial or regulatory authority authorized to require the disclosure of confidential information.
Subject to its confidentiality obligations, myDev reserves the right to render services for the companies competing with that of the Client.
Article 17 bis - Contact details and notifications
The only contractual contact and support channel is email: [email protected] (or any substitute address notified by myDev). Any contractual notification sent by email to the address provided by the Customer is deemed to have been received.
Article 18 – Intellectual property
In case that one of the recommendations of myDev or the use of elements delivered following one of its recommendations involves the use of goods, models, drawings, photographs, etc. subject to intellectual property rights belonging to the third parties, myDev will inform the Client of the existence of these rights and the consequences of their use. In such cases, it is the client’s sole responsibility to take all necessary measures to enable the use of such rights, in particular by negotiating rights of use on its own behalf under conditions such that myDev is in a position to take advantage of them for the purposes of the services.
myDev may use or develop software, including spreadsheets, documents, databases and other IT tools, for the specific purposes of the services.
In certain cases, these aids may be made available to the client on request. In some cases, these aids may be made available to the Client and upon his request. Insofar as these tools have been developed specifically for the needs of myDev and without consideration of the Client’s own needs, they are made available to the Client for the duration of the contract as is and without any attached guarantee, except simple destination of use; they must not be distributed, shared or communicated to the third parties, whether in whole or in part. This temporary provision shall not entail any assignment of rights or guarantee, whatever the title, for the benefit of the Customer or any third party.
myDev reserves all right, title and interest in :
- the original elements appearing in the works, documents, memos, consultations, opinions, conclusions or other procedural acts, etc. made within the framework of the services, including without limitation, any copyright, registered trademark and any other intellectual property right relating thereto;
- all the methods, processes, techniques, developments, and know-how incorporated or not in the services or that myDev may develop or provide as part of the services.
The Client may, without geographical limitation, free of charge and irrevocably, use internally and for the duration of copyright protection, the elements designed by myDev and integrated into its work. The Customer is prohibited from distributing, marketing, and more generally making available or granting the use of these same products and more generally granting the use of these same elements to third parties without the agreement of myDev.
Neither party may mention or use the name, denomination, trademarks and logos or other designations, commercial or otherwise, of the other party without the latter’s prior written consent. Notwithstanding the foregoing, myDev may use the name, denomination, trademarks and logos of the Client during the course of the contract to the extent that is strictly necessary for rendering the services, including in proposals for subsequent services. Furthermore, the Client authorizes myDev, at the end of rendering the services, to quote its name/denomination as a reference and to accompany this quote, if necessary, with a generic description of the services rendered.
Article 18 bis - Model license, no transfer of ownership
The customer benefits from a non-exclusive, non-assignable and non-transferable right to use the myDev solution (site, back-office, modules, mobile application if applicable), limited to the duration of the subscription. There is no transfer of ownership of source code, frameworks, modules, architectures, configurations or hosting environments, even after 12 months of subscription or beyond. No escrow of code is foreseen.
Article 19 – Documents
myDev will retain the original documents delivered to it, and will return them to the Client, upon request. All documents, data and information provided by the client remain the property of the client.
myDev will keep a copy of only those documents required for its working files.
Working documents prepared as part of the services are the property of myDev and are covered by professional secrecy.
Article 20 – Independence
In case a conflict of interest or a problem of independence arises during the execution of the services, myDev will immediately inform the Client and will seek with him the solution best suited to the situation in compliance with the applicable rules. In particular, if a modification of the regulations or professional standards prohibits myDev from continuing its services, it will make available to the Client the result of the services as well as all documents necessary for their finalization, including its documents in the state, and this, in order to facilitate the prosecution by the third party.
Article 21 – Responsability of myDev
The full responsibility of myDev and that of its employees, relating to any failure, negligence or fault, noted during the execution of the services, will be capped at the amount paid for the services in question, in order to cover claims of any kind (interest and costs included), regardless of the number of actions, grounds invoked, or parties to the disputes.
This provision shall not apply to any liability for death or personal injury, or to any other liability which the law forbids to exclude or limit.
Responsibility of myDev can only be incurred in case of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages of any nature whatsoever.
Furthermore, myDev cannot be held liable in the following cases:
- following a failure or deficiency in a product or service, the supply or delivery of which is not the responsibility of it or its possible subcontractors;
- for facts and/or data which do not fall within the scope of the services, and/or which are not an extension thereof;
- in case of use of the results of the services, for a purpose or in a context different from that in which it took place, of erroneous implementation of the recommendations or failure to take into account the provisions of myDev.
myDev is not liable for its insurers or for consequential damages, or for loss of profit or loss of opportunity or expected profits, or for the financial consequences of any actions brought by the third parties against the Client.
Article 22 – Warranty
myDev garantit le Client contre tout défaut de conformité des services et tout vice caché provenant d’un défaut de conception ou de fourniture desdits services à l’exclusion de toute négligence ou faute du Client.
En tout état de cause, au cas où la responsabilité myDev serait retenue, la garantie myDev serait limitée au montant HT payé par Le Client pour la fourniture des services.
Article 23 – Assignability and subcontracting
myDev reserves the right to subcontract all or part of the services to service providers meeting the same qualification requirements.
If the service requires special technical skills, myDev will inform the client of the possibility of subcontracting part of the service. The subcontractor will then act under the sole responsibility of myDev and will undertake to keep confidential all the information of which it becomes aware during the services.
Article 24 – Claims
All the claims, whether amicable or legal, relating to rendering the services must be made within one year of the end of rendering the service.
Article 25 – Right of withdrawal
The Client being a professional purchasing within the framework and for the needs of his profession, does not need to apply the right of withdrawal provided for by the Consumer Code.
Article 26 – Force majeure
All circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, are considered as grounds for exoneration from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 27 – Partial invalidity
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.
Article 28 – Non waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 29 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 30 – Personal rights protection
The processing of personal data is governed by myDev’s Privacy Policy, which forms an integral part of these terms and conditions by reference.
30.1 Data collection
The personal data collected on this site is as follows: accountopening : when a user’s account is created, the user’s surname, first name, e-mail address, telephone number, company name, full postal address of the company, company activity, acceptance of myDev’s General Terms and Conditions, personal data policy and General Terms and Conditions.
connection : when the user connects to myDev, the user saves, in particular, his connection, usage and location data;
profile : the use of the services provided on myDev makes it possible to enter a profile, which may include an e-mail address;
payment : as part of the payment for the products and services offered on myDev, Stripe records financial data relating to the user’s bank account or credit or debit card;
cookies : cookies are used as part of the use of the website. The user has the option of disabling cookies from their browser settings.
30.2 Use of personal data
Personal data collected from users is used to provide and improve myDev services and to maintain a secure environment. Specifically, the uses are as follows:
- access and use of myDev by the user;
- management of the operation and optimization of myDev;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- implementation of user assistance;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
30.3 Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user applies the payment services, for the implementation of these services, myDev is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of myDev, information accessible to the public;
- when the user authorizes myDev of the third party to access his data;
- when myDev uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, myDev may transfer data to respond to claims against myDev and to comply with the administrative and legal procedures;
- if myDev takes part in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to the third party.
30.4 Security and confidentiality
myDev implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, please note that the Internet is not a completely secure environment and myDev cannot guarantee the security of transferring or storage of the information over the Internet.
30.5 Implementation of users’ rights
Pursuant to the regulations applicable to personal data, users have the rights set out below, which they may exercise by making their request to the following address: [email protected]
- The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, myDev may request proof of the user’s identity in order to verify its accuracy.
- The right of rectification: if the personal data held by myDev is inaccurate, they can request that the information be updated.
- The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to limit processing: users can ask myDev to limit the processing of personal data in accordance with the assumptions provided by the GDPR.
- The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
- The right for transfer: they can request that myDev give them the personal data provided to them to transfer them to a new website.
30.6 Changes to this clause
myDev reserves the right to make changes to this personal data protection clause at any time. If a modification is made to this personal data protection clause, myDev undertakes to publish the new version on its site. myDev will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
Article 31 – Applicable law
These general conditions are subject to the application of the United Arab Emirates law. They are written in English. In the event that they are translated into one or more languages, only the English language text will be deemed authentic in the event of a dispute.
Before filing a claim against myDev, the Customer agrees to attempt to resolve the dispute amicably by first sending an e-mail to [email protected] with a detailed description of their claim or request. myDev will attempt to resolve the dispute informally by any means at its disposal and will respond to the claim or request by e-mail, telephone or other methods.
If myDev is unable to resolve the dispute within sixty (60) days of receipt of the first e-mail or document, customers may initiate formal legal proceedings. If they fail to do so, the parties will submit the dispute to the court in Dubai.