TERMS OF USE DAGAMA

 

Umap General FZCO whose registered address at: IFZA Business Park, DDP, 001 – 27923, Dubai,United Arab Emirates (the Copyright holder) offer to use a Mobile Application DaGama(the Mobile app) along with own services to users in the manner and on the terms defined in this Terms and Conditions agreement (the Agreement).

By downloading, installing, launching and / or using the Mobile app, the services of the copyright holder, their individual functions, or by providing their user data, Content (as this term is defined below), the User is considered to have accepted the terms of this Agreement in full. If the User does not agree with the Agreement and/or any provisions of the Agreement, the User shall not use the Mobile application. If the Copyright holder makes changes to the Mobile app or to the Agreement, if the User does not agree, the User must stop using the Mobile app.

 

The use of the Mobile app is governed, among other things, by this Agreement, the Privacy Policy and other Documentation posted and / or posted by the Copyright holder on the Website (as this term is defined below) or at Mobile application, which the User accepts by joining this Agreement.

 

The Copyright holder has the right to unilaterally change the content and wording of the Agreement and Documentation at any time without any mandatory prior notice to the User. The new version of the Agreement comes into force from the moment it is published on the Website.The current version of the User agreement is available on the Website, which the User can freely read.

 

1. DEFINITIONS

 

QR CODE – a graphic code generated by a partner during a transaction in a Mobile app that is used exclusively for accruing Bonus points and used by Them when making payments for goods or services from Partners by reading it on a user's device.

BONUS PROGRAM – the rules of the loyalty program published on the Website, based on the principle of accumulation and use of Bonus points by the User within the Partner network and aimed at marketing incentives for the User to make purchases. The bonus program is subject to changes and is published on the Website in an up-to-date form.

BONUS POINTS are virtual conventional units (bonus points) for marketing promotion purposes that are awarded to the Participant when making purchases of goods (works, services) sold under the Program, as well as for performing certain actions, including within the framework of The program's promotions and determining the extent of the Participant's Rights to special terms of service from the Program's Partners. Bonuses are counted on the program Participant's conditional Virtual account, which is maintained in the Mobile app, and determine the amount of the Participant's rights to receive Incentives provided by its Partners within the Program. Bonuses are used only for accounting purposes to determine the activity of Participants in the Program and in no case are and cannot be money, monetary unit, other means of payment, means of payment, currency, monetary obligation or security. they are not and cannot be a monetary unit, a means of payment, cannot be cashed, given in any way to third parties, including by inheritance.

WEBSITE – a website owned by the copyright Holder: www.dagama.world

DOCUMENTATION-means the agreements and offers published and publicly available for review and acceptance on the Website, including the User agreement, Privacy Policy, License agreement, Bonus program rules, and others.

CONTENT – user content, any informational materials (text, graphics, or other materials) that the User uploads to the Mobile app and that other users of the Mobile app can access. Text and graphic information, as well as trademarks and brand names belonging to the copyright Holder, are not considered Content.

PERSONAL ACCOUNT - a set of protected mobile app pages created as a result of User registration, login and password (authentication), using which the User can access the Mobile app. Access to Your personal account is carried out by electronic authentication - entering unique identification data (username and password) in the fields provided for this in the Mobile app.

MOBILE APP - the program for electronic computers that contain unique information, database information and rights belong to the copyright holder provided to the User based on the license agreement, subject to Documentation and this Agreement. The copyright holder may transfer the non-exclusive right to use the Mobile application to the operator in the country of the User's location on the basis of the corresponding license agreement.

PARTNER – a legal entity, individual entrepreneur or self-employed person who has undertaken to provide Users with the opportunity to purchase goods and services using the Bonus points accumulated by the User and conduct promotions for Users, who has posted information about their products, works, and services offered to Users as part of the Partner program in the Mobile app.

PARTNER NETWORK – a set of legal entities, individual entrepreneurs, and self-employed people who participate in the Partner program as a single mechanism for marketing incentives to Users within the Bonus program.

 

2. GENERAL TERMS AND CONDITIONS

 

• This Agreement defines the terms and conditions for using the Mobile app by the User.
• The User’s registration is free and voluntary and is performed in the Mobile app. When registering, the User provides the Copyright holder with reliable and up-to-date information for creating the User's personal page, username, password, email address, last name, first name (nickname). The user is fully responsible for the accuracy, relevance, completeness and compliance with the law of the information provided during registration and its purity from claims and rights of third parties. The Mobile app has certain requirements for a password or any other User identification that will be specified during registration to the User. The user is solely responsible for the safety of Personal account data.
• The User is an individual who has reached the age of 18 and is registered in the Mobile app.
• In order to download the Mobile app to the User's device, you may need an ID, username, number, password, Apple ID, or a single account on the Google service. The copyright holder is not responsible for any losses resulting from unauthorized use of identifiers.
• The Copyright holder provides the User with the opportunity (a) to publish information about service and sale points via the Mobile app (through Partners), reviews, comments, using the technical systems of the Mobile application, Create a Travel Post, Collect Travel Box, (b) search the Partner’s database, the offered information according to the Partner's entered information, the offered goods, works and services from the Partners, (c) accumulate and deduct Bonus points in the manner and under the conditions established by the Bonus program and promotions.

For the purposes of this Agreement, the term "Create Travel Post "means an action to create Content by the User, which is expressed in posting a review, recommendation about an event in the form of text and/or graphic (photo, 3D photo, video) information; "Collect Travel Box " means the User's action to create a set of reviews and recommendations about travel, Partners in the form of text and/or graphic information (route map, photos, etc.).

• Unless otherwise expressly provided by the Agreement between any of the Parties and is not recorded separately, the Copyright holder is not the administrator of promotions, Bonus program, or the seller of any goods or services.
• All obligations regarding the information contained in the Mobile app, the offer of the corresponding goods or services arise between the User and the Partner. The Copyright holder is not responsible for the validity and enforceability of these obligations.
• By accepting this User agreement, the User agrees that the owner is entitled to transfer its rights and obligations under the Agreement to any third party at the discretion of the Copyright holder. This clause constitutes the User's consent to transfer the debt to any third party in accordance with applicable law. The User does not have the right to transfer their rights under the Agreement to third parties.
• Information about the User is stored and processed by the Copyright holder and / or the Partner in accordance with the Privacy Policy, in each case on the Partner's website or in the Mobile app.
• A mandatory condition for using the Mobile app is that the User fully accepts the terms and conditions of the Documentation.

 

3. USER’S CONTENT
   • The User is solely responsible for compliance of the posted Content with the requirements of current legislation, including liability to third parties in cases when the User's posting of a particular Content or other Content violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties, and/or encroaches on their intangible benefits.
   • The User acknowledges and agrees that the Copyright holder has the right (but not the obligation) at its sole discretion to refuse the User to post and/or distribute the Content or remove any content, without prior notice to the User and without explanation. The User is aware of and assumes the responsibility to independently assess all risks associated with the use of the Content, including the reliability, completeness and compliance of the information with reality.
   • The User, as the owner of the Content, is aware that, except for the cases established by the current legislation, the Copyright holder does not participate in the formation and use of the content and control the access of other Users to the User's Content. By posting information, images on the Mobile app, including their user data, the User understands and agrees that this information may be available to other Internet users, taking into account the features of the Mobile app's functionality.
   • The User by posting a Content lawfully belonging to him Content (including, the publication of the review, announcements, feedback, evaluation, etc.) gives other Users a non-exclusive right to use it exclusively in the context of our Mobile app functionality, by viewing, playback (including copying) and other rights solely for personal, noncommercial use, except cases when such use causes or may cause harm to legally protected interests of the Copyright holder.
   • If the User deletes Content from the Mobile app, the non-exclusive right will be automatically revoked, but the copyright Holder reserves the right to keep archived copies of the Content for the required period if necessary due to the technical features of the Mobile app.
   • 6. The User's use of Content access to which is obtained solely for personal, non-commercial use, is allowed under condition of preservation of all signs of authorship or other notices of authorship, save the author's name intact, preserving works unchanged, specify the source (link in the Internet, web site, platform and so on), where the information that constitutes the content and how is copied information.
   • The User shall not publish the Content of other authors, sites, or distribute other results of intellectual activity in the absence of the Express consent of the copyright Holder to such actions.
   • it is Forbidden to publish Content that:
     • promotes violence, cruelty, hatred and / or discrimination on racial, national, sexual, religious, social grounds; contains false information and / or insults to specific individuals, organizations, and authorities;
     • encourages performance of illegal actions, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions, in accordance with current legislation;
     • violates the rights of minors and / or causes them harm in any form;
     • infringes on the rights of minorities;
     • Content that the User does not have the right to make available under current legislation or under any contractual relationship;
     • Content that unlawfully affects and / or contains any patent, trademark, trade secret, trade name, copyright and related rights, as well as other intellectual property rights owned or legally used by third parties without proper consent and / or license;
     • contains threats, discredits, insults, defames the honor and dignity or business reputation, or violates the privacy of other Users or third parties;
     • violates the rights of minors;
     • vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature, including those involving minors;
     • contains scenes of inhumane treatment of animals;
     • contains a description of the means and methods of suicide, any incitement to commit it;
     • contains extremist materials;
     • promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts;
     • contains information of restricted access, including, but not limited to, state and commercial secrets, information about the private life of third parties;
     • contains advertising or describes the attractiveness of the use of narcotic substances, information about the distribution of drugs, recipes for their manufacture and tips on use;
     • may potentially lead to performance of illegal actions by misleading the User or abusing their trust;
     • expressed in the collection and processing of personal data, information about the private life of any person;
     • disrupts the normal operation of the Mobile app;
     • violates international law and the applicable law of the User's country, citizens, organizations, and Copyright holder;
     • it is expressed through obscene language, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, as well as in relation to organizations, authorities, official state symbols (flags, coats of arms, hymns), religious symbols, cultural heritage objects (historical and cultural monuments), promotes and/or promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
     • advertises or incites illegal activities that infringe on the rights of Users or third parties to intellectual property;
     • distributes various viruses and defective programs.
   • The user also provides to the Copyright holder a non-exclusive right to use free of charge located in the Mobile app and belonging to him lawfully Content to ensure the copyright of functioning Mobile apps to the extent determined by the version of the Mobile app and display the Content in promotional materials of the right holder, including within the images Mobile app interface, including by bringing such promotional materials to the public. This non-exclusive right is granted for the duration of the Content placement in the Mobile app and extends to the territories of countries around the world. The end of the period of placement of Content in the Mobile app and/or the term of non-exclusive rights does not entail the need to withdraw from circulation promotional materials of the copyright Holder with the display of content (including their removal from the Internet). The User agrees that the Copyright holder has the right to use the functionality and technical features of the Mobile app that ensure the display of the Content posted by the User at its discretion, including for the purpose of displaying advertising information.
   • The User agrees that due to technical features, the Content may be modified technically, but does not change its content as the modification of the Content may be related to the technical requirements of the Mobile app.

 

4. THIRD-PARTY’S CONTENT

 

• The Mobile App may contain links to other sites on the Internet (third party websites). These third parties and their content are not checked by the Copyright holder for compliance with certain requirements (reliability, completeness and compliance of information with reality, etc.). The Copyright holder is not responsible for any information, materials posted on third-party sites that the User accesses by clicking on a link, including any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
• A link (in any form) to any website, product, service, or any information of a commercial or non-commercial nature posted in the Mobile app does not constitute an endorsement or recommendation of these products (services, activities) by the copyright Holder, except as expressly indicated by the copyright Holder.
• If the User decides to leave the Mobile app and go to third-party sites, he / she does so at his / her own risk and from this moment this Agreement no longer applies to the User.

 

5. RIGHTS AND OBLIGATONS

Rights and obligations of the Copyright holder

• The Copyright holder has the right to block access to the Mobile app for the User if it is established that he / she violates the provisions of this Agreement, Documentation, or other agreements between the Parties by his / her actions or omissions.
• The Copyright holder has the right to modify any software Mobile app, suspend the Mobile application, upon detection of significant faults, errors and failures, and to do preventative maintenance and prevent unauthorized access.
• The Copyright holder may send to the User and other persons, information about which is entered by the User via the Mobile App, information and advertising messages, like email address and mobile phone number. Using the Mobile app, the User gives full and unconditional consent to receive such information.
• The Copyright holder undertakes to make back-up copies of information stored in its Mobile app.
• the copyright Holder ensures the functioning and operability of the Mobile application and undertakes to promptly restore its operability in the event of technical failures and interruptions. The copyright holder is not responsible for temporary failures and interruptions in the operation of the Mobile app and the loss of information caused by them.
• The Copyright holder provides the User with the opportunity to use the accumulated Bonus points in accordance with the current Bonus program.
• The Copyright holder ensures the safety and confidentiality of the User's personal data, except for cases expressly provided for by the current legislation.

Rights and obligations of the User

• the User has the right to use the Mobile application under the terms and conditions provided for in this Agreement;
• the User undertakes to read the current version of the Agreement every time they visit the Mobile app until the end of using the Mobile app.
• the User undertakes to provide accurate and complete information when using the Mobile app, which is necessary for their identification.
• The user agrees not to impersonate any other person, its representative, not to impersonate any other organization, its representative without sufficient rights, including employees of the owner, and apply any other forms and ways of illegal representation of other persons in the network, and also enter other Users and the copyright holder misled about the properties and characteristics of any subjects or objects when you create a Post Route mentioned in the recommendations, review, personal information and other Content in a Mobile app.
• the User by Using the Mobile app acknowledges and agrees that the structure of the Mobile application is protected by copyrights, trademarks and other intellectual property rights in force in UAE, Europe and other countries, and that these rights are valid and protected in all forms, on all media and in respect of all technologies, both existing at present and developed or created subsequently.
• the User undertakes to inform the Copyright holder of unauthorized access to the Personal account and/or inform the Copyright holder of unauthorized access and/or use of the User's password and login.
• The User undertakes not to grant access to other Users to their own Account in the App Virtual account, or to separate such information in case it may violate applicable law and/or this agreement, other User-related documents of the copyright holder. The user agrees to the presumption of actions performed by the User (all actions performed in the Mobile app are considered to be performed on behalf of the User, unless proven otherwise).
• The User undertakes not to use any devices, programs or processes to interfere or attempt to interfere with the normal operation of the Mobile app, as well as in any operations or processes performed through the Mobile app.

The user's right to file a complaint and review procedure

• If the User believes or it becomes known that any part of the Content of the Mobile app violates the User's rights to results of intellectual activity, or violates the rights of third parties or contains other violations, the User has the right to send to the copyright holder at  info@dagama.world a complaint that contains the information:

(i) the rights and/or legitimate interests, violated the relevant Content that a User considers illegal, as well as facts/circumstances confirming the ownership rights to the User;

(ii) the type of Content that violates the User's rights;

(iii) the screen or page of the App where Content that infringes the User's rights was found;

(iv) the time when the infringing Content was detected.

• on the basis of consideration of the complaint received by the copyright Holder in the order of sending to the email address info@dagama.worldthe Copyright holder decides either to satisfy the complaint and remove Content that violates the User's rights, or that the complaint is unfounded, and sends a response to the User.

6. LOYATY PROGRAM
   • On the terms set forth in the Bonus program, inter alia, when shopping at Partners of loyalty Program (Bonus program) for the user performing the action, the User reward points, and offers the possibility of write-off in exchange for extra stimulating products, services Partner.
   • Bonus points are not and cannot be a means of payment or any type of currency or security. Information on the accrued, deducted, expended and repaid the Bonuses and the current balance is reflected to the Virtual account of the User. To credit Bonus points, the User must read the QR Code of the TSP when making a payment for goods or services.
   • Users’ actions that result in Bonus points being awarded:

• Creating a Post (accumulation occurs when a review/recommendation was used by another user of the Mobile app and at the same time purchased a service/product, having previously read the QR Code of the Partner.
• creating a Route (accumulation occurs when a review/recommendation was used by another user of the Mobile app and at the same time purchased a service/product, having previously read the QR Code of the Partner.
• Purchase of a service/product based on a recommendation/review left by another Mobile app User (Bonus points are awarded when reading the QR Code of the Partner).

 

7. LIABILITY
   • The Copyright holder is under no circumstances liable for the implementation of the Bonus program, performance or non-performance by the Partner or any other person of the obligation to return funds to the User in the event of the User's rejection of the Agreement and/or the offer, offer, contract of the Partner. All claims related to these actions and events, the User must send directly to the details of the person who refused the user or violated His interests, or to the details taken from open registries. If it is impossible for the User to set the details, the copyright Holder may, at the User's request, consider the User's request to provide such details at the User's email address.
   • The Database, Content and information about Partners, and other information posted in the Mobile app are provided by Partners and / or Users. The copyright holder is not obliged to control the posted information and subject it to mandatory verification and approval.
   • The Copyright holder does not support or confirm any information or Content posted by the Partner, Users and/or third parties. The user understands and agrees that by using the Mobile app, they may see information that is offensive, unworthy or controversial.
   • The Copyright holder is not able to verify the posted Content and cannot guarantee the complete absence of inaccuracies in it, and therefore is not liable to the User for any erroneous and/or inaccurate data, as well as for damage caused to the User and/or losses due to errors in the Content.
   • any materials obtained using the Mobile application, the User can use, being aware of the responsibility for such use.
   • the User is solely responsible for any damage that may be caused as a result of using these materials. Under no circumstances shall the copyright holder be liable to the User or third parties for any damage caused by the use of the Mobile app, Content or other materials accessed from the Mobile app.
   • The Copyright holder is not responsible for incorrect behavior of persons using the Mobile app, but if violations are detected, it promptly responds to such violations.
   • The Copyright holder provides the Mobile application on the basis of the international "as is" principle and does not guarantee that:

(i) the Mobile app will meet the User's requirements;

(ii) the results that can be obtained using the Mobile app will be accurate and reliable;

(iii) the quality of any product, service, or information obtained using the Mobile app will meet the User's expectations;

(iv) the Mobile app will run continuously, quickly, reliably and error-free and will meet the User's expectations;

(v) all errors on the Mobile app will be corrected immediately.

• the Mobile app or its elements may be partially or completely unavailable from time to time due to preventive or other technical works that ensure normal operation. In this case, the Copyright holder is not obligated to notify Users or not receive information.
• Documented losses that can be compensated by the copyright Holder to the User and/or any third party, if the liability of the copyright Holder is a proven fact, are in any case limited to the amount of 100 rubles.
• With respect to this Agreement, given that access to the Mobile app is provided to the User free of charge, the provisions on consumer protection, in accordance with applicable law, do not apply to the Agreement between the User and the Copyright holder.

8. MISCELLANEOUS
   • The text of the Agreement published in the Mobile app contains all the essential terms of the Agreement.
   • The agreement may be terminated at any time at the initiative of each Party. This Holder places the notice of termination of the Agreement in the Mobile app and/or send the User a notification, from the date of such of such notice the Agreement shall be deemed terminated. The user can terminate the Agreement by sending the copyright Holder an email to info@dagama.worldnotification of termination of the Agreement or deleting the account in the Mobile app and the Mobile app itself from the end device. Upon termination of the Agreement, section 3 and 4 of the Agreement shall remain in effect indefinitely until the User sends a written request to the address of the Copyright holder's location with the relevant requirements.
   • The Parties agree that the Agreement may be changed by the Copyright Holder unilaterally by posting the updated text of the Agreement on the Website. The User confirms their consent to changes in the terms of the Agreement by using the Mobile app. If you do not agree with the amended version of the Agreement, the User stops using the Mobile app.
   • If one or more of the provisions of the Agreement are declared invalid, this does not invalidate the entire Agreement and other provisions.
   • in cases of non-application of measures by the Copyright holder in the case of confirmed violations on any issues, including User violations, does not mean a waiver of their rights by the Copyright holder and provides for the possibility to take action later.
   • These Rules shall be governed by and interpreted in accordance with the legislation of the United Arab Emirates. Issues not regulated by the Rules are subject to resolution in accordance with the legislation of the United Arab Emirates.
   • in the event of any disputes or disagreements related to this Agreement, the User and the copyright Holder will make every effort to resolve them through negotiations between them, including by contacting the User at the email address info@dagama.world. The copyright holder undertakes to review and send a response to the user's request within 180 days from the date of receipt of the request.

 

Last edited:November 01, 2023 (v. 1. 0).