Policies and Procedures

We provide you and the entities you permit the opportunity to utilize our service by engaging in an engaging session that you design with the help of our website, app, and PowerPoint add-in. PremaVote offers various subscription accounts, each having a specific price and set of benefits. You can understand them in detail by visiting our website www.premavote.com.

If we use “we,” “our,” or “us,” know that we are referring to the BLUE OCEAN CONSULTING DMCC (License number JLT-66752) whose registered office is at Unit No: 239, DMCC Business Centre, Level No 5, Jewellery & Gemplex 2, Dubai, the United Arab Emirates whereas “you” and “your” are used to refer people who have subscribed to our service either by ordering through the website or signing a written agreement with PremaVote.

To subscribe to our service, we have established some terms. This service is only available for businesses. Anyone who is not registered as a business can’t take advantage of this service. We modify these terms every once in a while, and we advise our customers to review them frequently.

Our privacy policy should also be read alongside these terms. It clearly states how we treat your critical information and use cookies for several purposes.

1. Specific Terms:

 

1.1 Account’s Type

To subscribe to our service, you would have to select the account type you want to get. Each account has a particular price and benefits attached to it.

1.2 You can select the free account option, but there are certain limitations to it:

a. You’ll be able to use limited functions

b. A single free account can be used at a time

1.3 You would be able to upgrade your account from a free subscription to a paid one whenever you want. To do so, you will need to notify us and make the payment for the account you want to upgrade to. We may upgrade our customers to full accounts free of cost for a fixed period. The upgrade can extend for a maximum of three months. We can notify the customer through direct mail, announce it on the website or perform the automatic upgrade. This upgrade will be temporary and run on the following terms:

a. A subscriber will be able to utilize the upgrade for the given time and we will not extend the upgrade under any condition.

b. We won’t compensate the individual who has been given the free upgrade offer but didn’t accept it or anyone who accepted it but didn’t utilize the complete functionality.

1.4 We offer the following paid accounts to our customers;

Individual Account: Entire functions of PremaVote will be available, and you would be able to supervise 500 sessions and 100 attendants in each of those sessions.

Corporate Account: Entire functions of PremaVote will be available, and you would be able to supervise 15000 sessions and 1500 attendants in each of those sessions. You will be able to utilize this offer for 15 days only. To extend this offer, you would need to upgrade to other paid accounts.

Enterprise Account: Entire functions of PremaVote will be available. Not only would you be able to supervise 15000 sessions and 1500 attendants in each of those sessions, but you can also invite users to supervise with you.

Educational Account: Entire functions of PremaVote will be available. Not only would you be able to supervise 15000 sessions and 1500 attendants in each of those sessions, but you can also invite users to supervise with you.

1.5 You can find complete information about the functional attributes of each account at premavote.com/pricing. There are no other benefits or attributes associated with a service other than the ones mentioned by us.

1.6 You’re responsible for selecting the appropriate account according to your requirements. We will not be held responsible if any specific account or service chosen by you doesn’t meet your criteria.

2. Subscriptions Terms:

 

2.1 When you submit your dues and agree to our terms, we license you to use the service through your subscribed account. We allow you to permit individuals to attend the sessions and supervise them according to their account.

2.2 You are not allowed to sub-license your rights to anyone else or transfer them to any other company. Your rights are personal and can only be transferred if licensed by us. If you need to provide your subscription to a third party, ensure that they show their consent to these terms and don’t eliminate or add anything to them. This clause also applies when you provide access to someone else during a session.

2.3 Once you sign up for a particular account, a dashboard will be provided to you, accessed by a link (the “PremaVote Dashboard”). You will be able to use our add-in, form sessions, and permit other individuals to attend them. By subscribing to us, you acknowledge that:

a. You shall only permit certain people to access the service who need it for business purposes and adhere to our terms, including security concerns. They will not share passwords or login information with anyone and modify password(s) according to the frequency suggested by us.

b. Your permitted individuals will use the service only through our app available on Apple iOS and Android, through the website, and a weblink. They also adhere to the terms and conditions of the app, which are: premavote.com/policies (“Authorized Use Policy”).

2.4 You and the individuals permitted by you would not store, share, or access anything through PremaVote App or our service, which;

a. is illegal.

b. is violent or promotes violence.

c. is sexually explicit.

d. harasses anyone.

e. is discriminatory.

f. can cause injury.

g. Breaches the law, i-e, stalking, threatening, infringing, racial, obscene, harmful, or defamatory.

2.5 You’re not allowed to

a. Duplicate, change, derive, republish, distribute, transform, frame, or download our software, intellectual rights, documentation, media, or any other thing.

b. Disassemble, reverse compile, or de-compile our software or any part of it.

c. Use our software or any element of it to generate new or competitive software.

d. Sell our service to anyone else except what is considered as an enhanced feature delivered to your end-users.

e. Assign, rent, license, disclose, or lease any part of our service or documentation to any external party other than the individuals permitted by you or PremaVote if you join us as a partner. You will utilize any resource you have to avoid any breach from happening. If you come to know about any breach, you will inform PremaVote.

2.6 Only you can utilize the rights offered to you under clause 2. Any other subsidiary or holding company owned by you cannot use them.

3. Availability of the Service

In the course of your subscription period, we will make our service available as mentioned below;

3.1 PremaVote will use all possible resources to provide you our service 24/7, apart from the maintenance time scheduled outside business hours. The normal business hours are from 8:00 am to 5:00 pm according to the standard time of United Arab Emirates (UAE) except for Friday, Saturday, or any other public holiday.

3.2 Standard support will be supplied to you during business hours based on support policies documented by PremaVote. The support policy can be modified now and then, according to our convenience. You can e-mail us at [support@premavote.com] to get the support.

4. Customer’s Data

4.1 You or the individuals permitted by you are allowed to enter, delete, modify, and share your customer’s data. Our inclusion is restricted to the hosting sessions arranged by you or the person permitted by you. We certify that PremaVote will not alter or deal with your customer’s data except for what is mentioned in the terms. We’ll inform you (except where the law has forbid it) if we have to deal with your customer’s data.

4.2 You will own your customer’s data, and it’ll be your sole liability to take care of the quality, legality, integrity, reliability, and accuracy of it.

4.3 We will offer backup or archiving for the customer’s data. If any damage or loss occurs to your customer’s data, we will utilize our archiving or backup procedures to restore their data. It will not be our liability if a third-party causes any destruction or loss to your customer’s data (apart from those parties who are assigned by our team to carry out archiving and data maintenance procedures).

4.4 PremaVote shall observe the Privacy and Security Policy, which contains complete information about the customer’s data security and privacy. You can access the Policy at [premavote.com/policies] and it can be amended now and then with our careful attention.

4.5 If PremaVote needs to access your client’s data due to any legal need, we shall only perform the procession while you’ll have all control over the data. The conditions to access your data are:

a. We will get an assurance of data secrecy from the individuals permitted to access data.

b. You agree that it’s your liability to keep a check that where the data get uploaded and whether it’s complying with the laws of that location or not.

c. You will provide us the data in a manner that we can use it lawfully on your behalf.

d. You will make sure that the parties whose data we can use are informed about this, and they’ve given their permission regarding it according to the data protection legislation.

e. We shall only use the data in agreement with these conditions or any other lawful guidelines provided by you.

f. Both the client and PremaVote will be responsible for taking applicable measures against any unlawful act regarding data usage.

g. If this agreement gets discharged (under any condition), we shall demolish the data within ten business days.

5. Third-Party Hosting

5.1 You acknowledge that we will deliver you our service by using a third-party hosting facility. Your customer’s data will also be hosted by utilizing these facilities. We ensure to add terms regarding protecting your data (and your customer’s data) in our contract with the third-party. We don’t take any responsibility if they violate any term.

5.2 We shall provide you a notice regarding any changes so, you may object to those changes if required.

5.3 We don’t take any responsibility regarding you accessing the third-party websites made available through the service. You will be solely liable in the event of binding a contract with the third-party, using their content, or performing any transaction through that party’s website. PremaVote doesn’t support any relation with the third-party. You can read its terms and conditions before forming any relation with the party.

6. Your Responsibilities

6.1 You are committing to:

a. Co-operate with us regarding this agreement.

b. Give us all the details needed, which includes but is not limited to, security information and customers’ data.

c. Follow the rules and regulations in all your endeavors in accordance with this document.

d. Fulfill the liabilities mentioned in this agreement. If you delay or fail to fulfill the responsibilities, we can set any delivery timetable for it.

e. Make sure that you will only enter the number of individuals into the sessions allowed according to your subscribed account.

f. Take responsibility that the permitted individuals will use our service to agree with these terms and not breach the document.

g. Get the essential licenses, permissions, and consents that are needed by us and someone else who will be accessing the data on your behalf.

h. Ensure your system and network possess the needed specification mentioned by PremaVote.

i. Be liable for acquiring and handling your connections and networks. We shall not be responsible for any delay, damage, or delivery failure, which arises due to your network or internet connection.

7. Your Account

7.1 Once we approve your order, you would need to register for a user account at our website. A dashboard will be provided to use our service, which will be available to you and your permitted users. You shall have to keep all the information related to your account and the service private.

7.2 We have the authority to deactivate your account if we suspect that you are failing to comply with the agreement or causing harm to us or any other third party.

8. Our Responsibilities

8.1 We agree that our service will be provided to you in agreement with the terms and with great care and proficiency.

8.2 The agreement at clause 8.1 will not be applicable if you breach any term mentioned in the document. If our service doesn’t comply with the agreement in clause 8.1, then we shall be liable to use all resources possible to provide the agreed performance.

8.3 Nonetheless, we;

a. Do not provide any warranty that your service will be error-free and undisturbed, and the service or any information or related material acquired via our service will fulfill your criteria.

b. Will not be liable for any network failure or delay caused by data distribution over the network and telecommunications facilities.

8.4 This agreement cannot restrict PremaVote from performing any similar agreement with any other party for using, developing, licensing, or selling any product or services identical or comparable to the service offered under this document.

8.5 We guarantee that we shall manage all permissions and licenses required for the smooth performance of this service.

9. Charges and Payment

9.1 You will be charged for the account you subscribed at the time of the order. The free account does not have any charges.

9.2 When you place the order for a paid account or request for an upgrade to the paid account, you shall:

a. Enter accurate, complete, and updated information of your debit, credit, MasterCard, or any other payment service you are using.

b. Enter accurate and complete billing and contact details.

c. Authorize PremaVote to use your payment details for billing the account. The fees will be deducted on the day your order gets approved or on the dates agreed by us in case of installment.

9.3 Once your order gets approved and you submit the order information, we shall bill your credit card on the effective date or the agreed date in the case of installments. We have the right to invoice your card at least 30 days before the effective or agreed dates.

9.4 After the due date, you will be given an extension of 30 days to make the payment. In case of payment failure, we will have the right to disable your credentials and terminate your service access.

9.5 All charges specified in this agreement are;

a. non-refundable and non-cancellable.

b. are tax inclusive. We will add the appropriate amount of tax to your invoice.

9.6 We have the right to change or increase the subscription charges before the renewal but with prior notification.

10. Intellectual Property Rights

10.1 You approve that all intellectual rights are owned by us and our licensors required for the service delivery.

10.2 You are not given any copyrights, trade secrets, patents, trademarks, and database rights of the PremaVote software or documentation except for the ones mentioned in this agreement.

11. Confidentiality

11.1 To fulfill all the agreement’s responsibilities, each party has to share access to its Confidential Data (containing trade secrets and specifications, designs, drawings, software, marketing, and financial information) with other parties. The data will not be considered confidential if:

a. The data is already known to the other party via a third-party.

b. Data is already known publicly.

c. It was already owned by the other party before the revelation.

d. Created independently by the other party and has a written document to prove it.

11.2 It is required by each party not to disclose the Confidential Data of the other party to a third party unless a lawful requirement occurs. It is not permitted to use the data for any purpose except related to the service.

11.3 Each party has the liability to ensure that its employees or clients do not expose the Confidential Data.

11.4 A party is permitted to use or expose the Confidential Data to the extent allowed by law. It is necessary to provide prior notice to the party (except for the event where the law does forbid it) and consider its reasonable requests regarding the exposure.

11.5 A party will not be held responsible if a third-party becomes the cause of the exposure.

11.6 You agree that our Confidential Data contains information about the service and outcomes of performance tests related to the service.

11.7 We agree that your Confidential Data is your Customer’s Data.

11.8 None of the parties can broadcast or permit anyone else to broadcast details about this agreement without notifying and getting the other party’s approval first. The notification and approval are required in the case when it’s needed by law to do so.

11.9 The terms of this clause shall survive even if this agreement terminates.

12. Reimbursement

12.1 You will be liable to reimburse us in case of any costs, damages, allegations, proceedings, expenses, and losses that emerge in virtue of the utilization of this service, given that:

a. We deliver instant notification if any such allegation comes to our knowledge.

b. We offer reasonable assistance in advocating and resolving that allegation, considering that you bear the expense.

c. We provide you complete control to advocate and resolve the allegation.

12.2 We will protect you, your employees, directors, and officers against any allegation and reimburse you for any payment allotted to you against such allegation, given that:

a. You deliver us instant notification of such allegation.

b. You offer reasonable assistance in advocating and resolving that allegation, considering that we bear the expenses.

c. You provide us complete control to advocate and resolve the allegation.

12.3 While advocating or resolving any allegation, we have the right to allow you to continue the service, change, or replace it. If no such solution is possible, we can end this agreement within two business days prior notice (having no responsibility to pay any additional charges or losses to you).

12.4 We or any of our sub-contractors, agents, or employees are not obligated to reimburse if the breach appears due to:

a. A change in the service done by anyone other than our team.

b. You’re violating our instructions or policies while utilizing the service.

c. You continue using the service even after getting a notice regarding any allegation against you.

12.5 This clause declares your absolute rights and remedies and our liabilities regarding the breach of any trademark, patent, confidentiality right, copyright, and database right.

13. Termination of the Service

13.1 Your subscription will be renewed on the effective date and will carry on for 12 months. It will automatically recommence after those 12 months unless terminated by you in agreement with the terms.

13.2 You are allowed to terminate your subscription under the following conditions:

a. Providing 90 days prior notice is mandatory.

b. The other party doesn’t make the payment after the due date and fails to pay the due amount even after 14 days of the written notification.

c. If the other party violates an irreversible term mentioned in this document or in case of a reversible violation, doesn’t rectify it within 30 days period after the written notification.

d. If the other party repeatedly violates one or more terms mentioned in this document and fails to provide logical justification for it.

e. If a single or number of solvency issues arise regarding the other party, which could be:

i. If the other party denies or gives threats to deny paying the amount due or fails to pay or accepts that it cannot make the payment or is considered incapable of making the payment according to section 123 of Insolvency Act of 1986.

ii. If the other party makes negotiations with its creditors to adjourn the payment or any other arrangement.

iii. If the party has been given an order or notification for its winding up except if the order is done for reconstruction of that party.

iv. If someone else becomes entitled to the assets of the other party

13.3 Once the agreement is terminated:

a. You will not have any rights over the service and will discontinue the utilization of the service.

b. We will demolish your customers’ data unless you provide a written request to get the recent archive of the Customer’s Data within ten days after the agreement’s termination date. We will transfer you the archive within 30 days, provided that you have paid the fees required for the archive and there aren’t any outstanding dues. You will be liable to pay for the expenses incurred in demolishing or delivering the Customer’s Data archive.

c. Any liabilities, rights, or remedies pending due to the agreement’s violation will not be abolished upon the agreement’s termination.

14. Responsibilities

14.1 We shall not be held responsible for the outcomes that occur by using our service if the damage is caused by a mistake you made in the information you provided.

14.2 You shall be able to hold us responsible for personal injury or death caused in virtue of our carelessness and for any misinterpretation or fraud done by us.

14.3 We shall not be held responsible for any loss in business or profit, economic loss, damages, data corruption, and any unfortunate loss.

15. Force Majeure

The supplier will not be held responsible to the customer for any delay or failure in the event where there are industrial problems, strikes, an act of God, countrywide crises, war, or any other situation which cannot be controlled by the supplier provided that a proper notification about the problem and its duration is conveyed to the customer.

16. Conflict

If any discrepancy occurs between the terms in this agreement and the schedules, the terms of this agreement will be considered valid.

17. Alternative:

Any alternative of this agreement shall not be considered valid unless signed and authorized by the parties or their permitted representatives.

18. Abandonment of Rights:

No party is permitted to abandon any rights or remedies mentioned in this agreement or restrict that right or remedy’s future exercise.

19. Rights and Remedies

The rights and remedies stated in this agreement are inclusive of the rights and remedies defined by law except for the ones clearly identified in the agreement.

20. Severance of the Agreement

20.1 If any term stated in this agreement turns out to be illegal or invalid by law, then other terms will remain valid.

20.2 If an illegal or invalid term can become valid by omitting a certain part of it, it will prevail with necessary changes.

21. Entire Agreement

21.1 This is the most recent and valid agreement between all the parties and demolishes any prior agreements, warranties, assurances, or promises, whether written or oral, between them.

21.2 All parties agree that this is the only valid agreement, and no rights or remedies from any other agreement will be applicable related to the matters of this agreement.

22. Assignment

22.1 You are not permitted to transfer, assign, charge, or deal in any other way with the rights or obligations stated in this agreement unless any written permission is presented earlier.

22.2 We can transfer, assign, charge, or deal in any other way with the rights or obligations stated in this agreement at any time.

23. No Partnership

This agreement does not permit any party to form a partnership with the other party or work as an agent for them. No party is allowed to act on any other party’s behalf to form a partnership.

24. Rights of the Third-party:

This agreement doesn’t enforce any rights or obligations on third-parties except for the ones who are permitted by any signing party.

25. Notice

25.1 Any notice that is needed to be submitted has to be written and given by hand or by post at the accurate address mentioned in the agreement or at the address specified for such purposes or through e-mail to the receiving party’s mailing address.

25.2 A notice given by hand will be considered as received at the delivery time (if it’s not delivered during the business hours, then 9 am of the next day will be considered receiving time). The notice sent through the post will be considered as received at the time it gets delivered. The notice sent via e-mail will be considered as received at the time of sending (displayed through a timed printout).

26. Governing Law

Any conflict that has some connection with this agreement or its terms (non-contractual conflicts or allegations inclusive) will be resolved according to the United Arab Emirates’ law.

27. Jurisdiction

All parties agree that if any conflict having some connection with this agreement or its terms (non-contractual conflicts or allegations inclusive) occurs, it will be settled by the courts of the United Arab Emirates (UAE).

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