Terms of Use and Services
Last Updated on 06-Jan-2020. Effective from 06-Jan-2020
Welcome to HRBluSky.com.
This is an agreement between you or the entity that you represent (hereinafter “you” or “your”) and Prompt Computers LLC and its affiliates (hereinafter “HRBluSky”) governing your use of HRBluSky suite of online business productivity and collaboration software.
PARTS OF THE AGREEMENT
This Agreement consists of the following terms and conditions (hereinafter referred to as the “General Terms”) and any specific terms and conditions related to individual Services (hereinafter referred to as the “Service Specific Terms”). Together, the General Terms and Service Specific Terms are referred to as the “Terms.” If a conflict arises between the General Terms and Service Specific Terms, the Service Specific Terms will prevail.
DESCRIPTION OF SERVICE
Prompt Computers LLC offers business productivity features and other products and services through its website, HRBluSky.com (the “Website”). You access these Services when you visit the Website, use HRBluSky products or services, utilize HRBluSky mobile applications, or employ software provided by HRBluSky in connection with any of the above (collectively referred to as “Service” or “Services”). “Affiliate” refers to any entity that directly or indirectly controls, is controlled by, or shares common control with a specific person.
You may use the Services for your business needs or for internal purposes within your organization.
TERMS OF USE
Please read these Terms carefully before using HRBluSky Services.
You can accept the Terms explicitly by checking a checkbox, clicking a button to indicate your acceptance, or by using the Services.
If you do not agree to the General Terms, refrain from using any of our Services. If you accept the General Terms but disagree with any Service Specific Terms, do not use the corresponding Service.
You must be of legal age to enter into a binding agreement to accept the Terms.
SUBSCRIPTION TO BETA SERVICE
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for testing and evaluation. You agree that HRBluSky has the sole authority to determine the testing period for Beta Services. We will judge the success of this testing and decide whether to offer the Beta Services as commercial services.
You have no obligation to subscribe to any paid Service due to your subscription to any Beta Service. We reserve the right to fully or partially discontinue any Beta Services at any time, temporarily or permanently, with or without notice to you.
You agree that HRBluSky will not be liable to you or any third party for any harm related to, arising from, or caused by the modification, suspension, or discontinuation of any Beta Services for any reason.
AMENDMENTS TO THE TERMS OF USE & SERVICE
We reserve the right to change our Website, policies, and terms and conditions, including these Terms of Use & Service, at any time. You will follow the terms, conditions, and policies in effect when you order products from us. If any change to these terms is required by law or government authority, it may apply to orders you placed previously.
Your continued use of the Service after any change to the Terms will signify your agreement to the modified Terms. If we modify the Terms in a way that substantially affects your rights regarding the Services, you may terminate your use by notifying HRBluSky via email within 30 days of the changes. If you terminate under these circumstances, we will provide a prorated refund for any unused portion of your prepaid fees.
USER SIGN UP OBLIGATIONS
To access or use the Services, you must sign up for a user account by providing all required information. You need to represent an organization and wish to use the Services for internal corporate use. We recommend that you and all other users in your organization sign up using your corporate contact information.
Specifically, we suggest using your corporate email address. You agree to: a) provide true, accurate, current, and complete information about yourself during the sign-up process; and b) maintain and promptly update your information to keep it true, accurate, current, and complete. If you provide false, inaccurate, outdated, or incomplete information, or if HRBluSky has reasonable grounds to suspect such information, HRBluSky may terminate your user account and deny current or future access to any or all Services.
Account Setup and Administrator Designation
When you sign up for an account for your organization, you may specify one or more administrators. The administrators can configure the Services according to your requirements and manage end users within your organization’s account. If a third party creates and configures your organization’s account, that third party likely assumes the role of administrator. Ensure you have a suitable agreement with that third party that outlines their roles and restrictions as administrators of your organization’s account.
Responsibilities of the Organization
You are responsible for:
Keeping Passwords Confidential: Keeping your organization account password confidential.
Appointing Competent Administrators: Appointing competent individuals as administrators to manage your account.
Compliance with the Agreement: Ensuring that all activities related to your account comply with this Agreement.
You understand that HRBluSky does not manage account administration or the internal management of Services on your behalf.
Maintaining Control of Administrator Accounts
You must take necessary steps to ensure your organization does not lose control of the administrator accounts. You can specify a recovery process for regaining control in the event of such loss by contacting us through any of the channels listed on the Contact Us page, as long as HRBluSky finds the process acceptable.
Recovery Process for Administrator Accounts
If you do not specify an administrator account recovery process, HRBluSky may grant control of an administrator account to anyone who provides proof acceptable to HRBluSky, demonstrating authorization to act on behalf of your organization. You agree not to hold HRBluSky liable for any consequences resulting from actions taken in good faith regarding this matter.
Personal Information and Privacy
HRBluSky governs personal information you provide through the Service according to its Privacy Policy. By using the Service, you accept the terms of the HRBluSky Privacy Policy.
Account Security Responsibilities
You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. Additionally, you are accountable for all activities in your user account. If you notice any unauthorized use of your account, you must inform us immediately by contacting us through any channel listed on the Contact Us page.
Limitation of Liability
HRBluSky is not liable for any loss or damage incurred by you or any third party due to unauthorized access to or use of your user account.
Electronic Communication
When you use any HRBluSky Service or send us emails, you communicate with us electronically. We will also communicate with you electronically in various ways, including email, text, in-app push notifications, or by posting messages on the Website or through other HRBluSky Services like our Message Centre.
Legal Communication Agreement
For contractual purposes, you agree that all agreements, notices, disclosures, and other communications we provide you electronically meet any legal requirement for written communication, unless applicable laws specifically require a different form.
Personalized Recommendations
As part of the HRBluSky Services, we will recommend features, products, and services that may interest you. We aim to identify your preferences and personalize your experience.
Service Communications
The Service may include communications from HRBluSky, such as service announcements, administrative messages, and newsletters. You understand that these communications are part of using the Services.
Opt-Out Options
To respect your privacy, we offer you the option to opt out of receiving newsletters. However, you cannot opt out of other service messages.
Subscription Plans and Payment
The Services are available under various subscription plans. You can only pay for plans shorter than one year with a credit card. Your subscription will automatically renew at the end of each period unless you downgrade to a free plan or notify us that you do not wish to renew. We will charge the subscription fee to the last credit card you used at the time of renewal.
Changing Payment Details
You can change your payment details if you prefer to use a different credit card for renewal. If you do not wish to renew your subscription, you must inform us at least seven days before the renewal date. If you do not downgrade to a free plan or notify us of your decision not to renew, we will assume you authorize HRBluSky to charge the subscription fee to your last used credit card.
Price Changes
We may change the price of any Service or start charging for Services currently offered for free. Any price increase will not take effect until the end of your current billing cycle. You will only incur charges if you opt for a paid subscription plan.
Electronic Invoices
You consent to receive sales invoices electronically. We will provide electronic invoices in PDF format on our website. We will inform you in our confirmation email when an electronic invoice is available. For more information on electronic invoices and instructions for receiving a paper copy, please refer to our help pages.
Use of the HRBluSky Software
You may use HRBluSky Software only to access and enjoy the HRBluSky Services, as permitted by the Conditions of Use, these Software Terms, and any Service Terms. You cannot incorporate any part of the HRBluSky Software into your programs, compile it with your own software, transfer it to another service, or sell, rent, lease, lend, distribute, or sub-license it. You also cannot use the HRBluSky Software for any illegal purposes.
Termination of Use
We may stop providing any HRBluSky Software and terminate your right to use it at any time. Your rights to use the HRBluSky Software will automatically end without notice if you fail to comply with these Software Terms, the Conditions of Use, or any other Service Terms.
Third-Party Terms
Certain HRBluSky Software may include additional third-party terms found in related documentation. These terms will apply if they conflict with these Conditions of Use. All software used in any HRBluSky Service belongs to HRBluSky or its suppliers and is protected by local and international copyright laws.
Use of Third-Party Services
When using HRBluSky Software, you may also use services from third parties, such as wireless carriers or mobile platform providers. Your use of these third-party services may be subject to their separate policies, terms of use, and fees.
No Reverse Engineering
Unless applicable mandatory law allows it, you may not, and you must not encourage or assist anyone else to copy, modify, reverse engineer, decompile, disassemble, or tamper with the HRBluSky Software in whole or in part, or create derivative works from it.
Updates
To keep the HRBluSky Software current, we may provide automatic or manual updates at any time without notice.
SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another.
You agree not to use the Services for the transmission of ‘junk mail’, ‘spam’, ‘chain letters’, ‘phishing’ or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
DATA OWNERSHIP
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant HRBluSky the license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account for HRBluSky’s commercial, marketing or any similar purpose. But you grant HRBluSky permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
USER GENERATED CONTENT
Responsibility for Your Content
You may transmit or publish content you create using any of the Services. However, you are solely responsible for that content and the consequences of its transmission or publication. Any public content will be accessible online and may be crawled and indexed by search engines. Ensure you do not accidentally make any private content publicly available.
Use of Content from Other Users
Any content you receive from other users of the Services is provided to you AS IS for your information and personal use only. You agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit such content for any purpose without the express written consent of the rights holder.
Copyright and Copy Protection
If you encounter content with copyright notices or copy protection features while using the Services, you agree not to remove those notices or disable the features. By making any copyrighted or copyrightable content available on the Services, you affirm that you have the necessary consent, authorization, or permission from all parties who may claim rights to that content.
HRBluSky’s Rights
By making content available, you expressly agree that HRBluSky has the right to block access to or remove any content you provide if HRBluSky receives complaints regarding illegality or infringement of third-party rights. By using the Services and transmitting or publishing content, you consent to HRBluSky’s designated agent determining issues of illegality or third-party rights infringement related to that content.
TRADEMARK
HRBluSky logo and the name are trademarks of HRBluSky. You agree not to display or use, in any manner, the HRBluSky trademarks, without HRBluSky’s prior permission.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that the use of the Services is at your sole risk. The Services are provided on an as-is-and-as-available basis. In this regard, HRBluSky expressly disclaims all warranties of any kind, whether express or implied. This includes, but is not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Furthermore, HRBluSky makes no warranty that the Services will be uninterrupted, timely, secure, or error-free. Consequently, the use of any material downloaded or obtained through the use of the Services shall be at your own discretion and risk. You will be solely responsible for any damage to your computer system, mobile telephone, wireless device, or data that results from the use of the Services or the download of any such material. Moreover, no advice or information, whether written or oral, obtained by you from HRBluSky, its employees, or representatives shall create any warranty not expressly stated in these Terms.
LIMITATION OF LIABILITY
You agree that HRBluSky shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever. This includes, but is not limited to, loss of business profits, business interruption, computer failure, loss of business information, or any other loss arising out of or caused by your use of, or inability to use, the Service. Even if HRBluSky has been advised of the possibility of such damage, it will not alter this limitation of liability.
Furthermore, in no event shall HRBluSky’s entire liability to you in respect of any Service, whether direct or indirect, exceed the fees you paid for such Service.
APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the United Arab Emirates. If, however, any dispute, claim, difference, or controversy arises out of, relates to, or has any connection with these conditions—specifically including how it may relate to your use of any HRBluSky Service, any products or services sold or distributed by HRBluSky or through HRBluSky.com, or the existence, validity, interpretation, performance, breach, or termination of these conditions—then it will be considered a “Dispute.” In such cases, the courts of the UAE shall have exclusive jurisdiction to settle any such Dispute as appropriate.
PRICING
All prices are inclusive of legally applicable VAT.
SUSPENSION AND TERMINATION
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@promptdxb.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if HRBluSky breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
OTHER BUSINESS
Parties other than HRBluSky operate stores, provide services, or sell product lines using this Website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. HRBluSky does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. When a third party is involved in your transactions, we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
HRBLUSKY'S ROLE
HRBluSky allows third party sellers to list and sell their services at HRBluSky.com. In each such case this is indicated on the respective service detail page. While HRBluSky helps facilitate transactions that are carried out on the HRBluSky.com website, HRBluSky is neither the buyer nor the seller of the seller’s items. HRBluSky provides a venue for sellers and buyers to negotiate and complete the service transactions.
Accordingly, the contract formed at the completion of a sale for these third-party products is solely between buyer and seller. HRBluSky is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
OUR CONTACT DETAILS
Our contact details are:
Prompt Computers LLC
Office 315, Al Khaleej Center Building,
Dubai, United Arab Emirates
https://HRBluSky.com
If you have any questions or concerns regarding this Agreement, please contact us.
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