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 the “General Terms”) and terms and conditions, if any, specific to use of individuals Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms and collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
DESCRIPTION OF SERVICE
Prompt Computers LLC under its website HRBluSky.com provides business productivity website features and other products and services to you when you visit HRBluSky.com (the “Website”), use HRBluSky products, or services, use HRBluSky applications for mobile, or use software provided by HRBluSky in connection with any of the foregoing (collectively “Service” or “Services”). “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person.
You may use the Services for your business use or for internal business purpose in the organization that you represent.
Please read these Terms carefully before using HRBluSky Services.
You can accept the Terms explicity by checking a checkbox or clicking on a button indicating your acceptance of the terms or by using the Services.
If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
You must be of legal age to enter into a binding agreement in order to accept the Terms.
SUBSCRIPTION TO BETA SERVICE
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Serivices”) for the purpose of testing and evaluation. You agree that HRBluSky have the sole authority and discretion to determine the period for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that HRBluSky will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
USER SIGN UP OBLIGATIONS
You need to sign up for a user account by providing all required information to access or use the Services. You need to represent an organization and wish to use the Services for corporate internal use. We recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if HRBluSky has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, HRBluSky may terminate your user account and refuse current or future use of any or all the Services.
ORGANIZATION ACCOUNTS AND ADMINISTRATORS
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that HRBluSky is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by contacting us on any of the channels listed in Contact us page, provided that the process is acceptable to HRBluSky. In the absence of any specified administrator account recovery process, HRBluSky may provide control of an administrator account to an individual providing proof satisfactory to HRBluSky demonstrating authorization to act on behalf of the organization. You agree not to hold HRBluSky liable for the consequences of any action taken by HRBluSky in good faith in this regard.
PERSONAL INFORMATION AND PRIVACY
When you use any HRBluSky Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the Website or through the other HRBluSky Services, such as our Message Centre. For contractual purposes, you agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
RECOMMENDATIONS AND PERSONALIZATION
As part of the HRBluSky Services, we will recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience.
The Service may also include certain communications from HRBluSky, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving other service messages.
FEES AND PAYMENTS
The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized HRBluSky to charge the subscription fee to the Credit Card last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the web site. We will inform you in our Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
RESTRICTIONS ON USE
Use of the HRBluSky Software: You may use HRBluSky Software solely for purposes of enabling you to use and enjoy the HRBluSky Services as provided by HRBluSky, and as permitted by the Conditions of Use, these Software Terms, and any Service Terms. You may not incorporate any portion of the HRBluSky Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the HRBluSky Software or otherwise assign any rights to the HRBluSky Software in whole or in part. You may not use the HRBluSky Software for any illegal purpose. We may cease providing any HRBluSky Software and we may terminate your right to use any HRBluSky Software at any time. Your rights to use the HRBluSky Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain HRBluSky Software that are specifically identified in related documentation may apply to that HRBluSky Software (or software incorporated with the HRBluSky Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any HRBluSky Service is the property of HRBluSky or its software suppliers and protected by local and international copyright laws.
No Reverse Engineering: Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the HRBluSky Software, whether in whole or in part, or create any derivative works from or of the HRBluSky Software.
Updates: In order to keep the HRBluSky Software up to date, we may offer automatic or manual updates at any time and without notice to you.
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.
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
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that HRBluSky will have the right to block access to or remove such content made available by you if HRBluSky receives complaints concerning any illegality or infringement of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by HRBluSky for this purpose.
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. HRBluSky expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. HRBluSky makes no warranty that the services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and 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. 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 the 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 or for loss of business profits, business interruption, computer failure, loss of business information, or 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. In no event shall HRBluSky’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
These conditions are governed by and construed in accordance with the laws of the United Arab Emirates. If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any HRBluSky Service, or to any products or services sold or distributed by HRBluSky or through HRBluSky.com, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the courts of UAE, then the court shall have exclusive jurisdiction to settle any such Dispute as appropriate.
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 email@example.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.
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 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.
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