Welcome to Totallysme.com !
1. SERVICE OFFERED BY Totallysme.com
The Totallysme.com service is an online platform; portal owned and operated by Comparexcel Tech FZCO, via which, users can request for quotes (the “RFQ”) from various service providers and suppliers of products you intend to purchase in order to compare and make smart choices. The aim of this service is to help users to get and compare multiple quotes so to approve the best quote from various sources and then connect them with the right supplier or service provider. Thus, Totallysme.com service strives to enlist the best quality suppliers or service providers but cannot guarantee suppliers’ or service providers’ credentials. totallysme.com is a portal for matching buyers with sellers, we are not responsible for any transaction that may occur between you and/or your company and totallysme.com’s listed service providers or suppliers. totallysme.com does not guarantee the quality, safety or legality of the information provided or the services and products sold. Should you encounter any claims or disputes with any of our listed suppliers or service providers, you must address directly to such a service provider or supplier. You hereby quitclaim, release, discharge and waive totallysme.com (its directors, officers, employees, and agents) from any and all actions of whatever nature, expected, real or apparent, which you may have against or arise out of or in any way in relation to such disputes or transactions with our listed service providers or suppliers.
2. GENERAL SCOPE OF SERVICES
Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully before using our services as these terms of service (the “Agreement”) is binding between you and Totallysme.com .
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR USE OF THIS WEBSITE AND ANY MOBILE APPLICATIONS USED TO ACCESS THIS WEBSITE.
If you are unwilling to be bound by this Agreement, please do not access or use the Application and/or Website (both defined below). Totallysme.com may terminate, without notice, your access to the Application and/or Website for failure to comply with this Agreement. In addition, Totallysme.com shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, your access to the Application or the Website or your Totallysme.com account for any reason.
3. PROCESS OF REGISTRATION
To utilize the service and the features made available through the Application and Website, you may be required to complete a registration process and establish an account with Totallysme.com (“Account”). In order to register, it is necessary to provide personal data, which includes but is not limited to, your name, contact information, and more. You represent and warrant that all information provided by you to Totallysme.com is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Should you suspect that any unauthorized party might be using your Account, you are obligated for your own security to notify Totallysme.com immediately by emailing us at firstname.lastname@example.org. By providing your mobile phone number and email address to Totallysme.com pursuant to the use of the service, you hereby affirmatively consent to our use of your mobile phone number and email for contacting you directly in order to perform the services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you to survey regarding the quality of our services.
Totallysme.com hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use Totallysme.com ‘s software platform as made available through its website located at www.totallysme.com (the ” Website”) and/or via mobile application (Application) during the currency of this Agreement, solely for the purpose of accessing the services. Totallysme.com may, from time to time, update or modify the Website and/or the Application, release new versions of the Application or create new modules related thereto, each of which may, Totallysme.com ‘s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the Application.
Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, reverse-engineer, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website or the Application, any content, photographs, descriptions, drawings, audio materials, text, messages or other information or any data compiled or extracted therefrom or any information or materials retrieved from either of them, including, without limitation, graphics and logos, presentation, style or organization, in whole or in part, for any purpose.
However, you are permitted to print and download extracts or documents from this website for your personal use only without modifying its original content, related graphics and allowing copyrights notices to be appeared in all of its copies.
You shall use the Application and the Website solely for their intended purposes and shall not use the Application or the Website for the benefit of any third party except as specifically contemplated under this Agreement.
The Totallysme.com service is an online platform for getting quotes’ comparisons of various business and financial data. The Totallysme.com service is not the provider, originator or the producer of the data nor is Totallysme.com liable for the quality, accuracy, reliability, relevancy or currency of the data. Totallysme.com merely source the data from various third party or service providers and make it available on as is basis to the users in a customized format to enable the users to make comparisons on that data.
You understand that Totallysme.com does not and cannot review all the data and content made available through any part of the Application or Website. You further understand that Totallysme.com is not liable for accuracy, reliability, relevancy or currency any data and content provided by the third party. We advise you to use your common sense while using the data and content and its comparisons from the Website.
In no event shall Totallysme.com or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s data, content or its comparisons made by us, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Totallysme.com was given actual or constructive notice that damages were possible.
Totallysme.com does not warrant that the Application or Website or any functions contained therein will be uninterrupted or error free, that defects will be corrected, or that the Application, Website or the server that makes them available are free of viruses or bugs. The Website and Applications are provided on “as is” basis and your use of the same is at your sole risk.
If you detect a technical error or other error in the Totallysme.com service, you can report the problem through email: email@example.com.
Your Totallysme.com account is password-protected so that only you can have access to it. You shall be solely responsible for maintaining all passwords and access codes to the Application and/or the Website, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Application or the Website.
Totallysme.com staff will never proactively reach out to you and ask for any personal account information, including your password.
7. INTELLECTUAL PROPERTY
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between you and Totallysme.com , you shall be deemed to be the sole owner of all content entered into the Application or the Website or otherwise posted by you; and (ii) Comparexcel Tech FZCO is the sole owner of the name ” Totallysme.com ” as well as the Website, the Application, and all source code, object code, software, content, logo, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Totallysme.com regarding the Application or the Website shall, upon submission to Totallysme.com , be owned solely and exclusively by Totallysme.com. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Application shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers’ license, if any, of such third party software to Totallysme.com .
In exchange for your use of the Website and/or the Application, you hereby grant to Totallysme.com an unlimited, perpetual, irrevocable, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, adapt, store, host, cache, re-format, encode, translate, distribute, commercially exploit, repurpose, perform, publicly display and create derivative works of any and all content you post to the Website, submit to Totallysme.com or post through the Application, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees, in connection with Totallysme.com performing the services described herein. Finally, you irrevocably waive, and cause to be waived, against Totallysme.com and its users any claims and assertions of moral rights or attribution with respect to your content. Totallysme.com shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Application, including without limitation adjacent to your content.
You agree to treat as confidential all confidential information of Totallysme.com , not to use such confidential information for any purpose other than to the limited extent necessary to use the Application or the Website and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, you shall use at least the same degree of care which you use to prevent the disclosure of your own confidential information of like importance to prevent the disclosure of confidential information disclosed by totallysme.com, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
As a convenience to you and other Website visitors, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with Totallysme.com. When you use these links, you will leave the Website and totallysme.com will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard against viruses and other destructive elements. Totallysme.com is not responsible for and makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website.
10. LIMITATION OF LIABILITY
Except as explicitly set forth herein, neither totallysme.com, its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation warranties of merchantability or fitness for a particular purpose. In addition, you hereby agree and acknowledge that: (i) totallysme.com shall not be responsible for any statements or representations made or actions taken by any other party using the Application or the Website or reviewing any of your content; (ii) Totallysme.com does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) Totallysme.com is not responsible for vendors, users or any other party’s compliance with applicable laws, rules or regulations; (iv) Totallysme.com ‘s services are administrative in nature and Totallysme.com is not responsible for ensuring that any third party honor any offer, coupon, rebate, discount or other obligations such third party may have towards you; (v) Totallysme.com shall not, under any set of circumstances, be responsible or liable for any content, including any content which may violate applicable law and/or a third party’s intellectual property rights; (vi) the Application and/or Website may not function properly or as intended at times; and (v) Totallysme.com shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you.
You agree that totallysme.com shall not be liable for any damages arising from any such interruption, suspension or termination of the website and/or application.
totallysme.com shall not, under any set of circumstances, be liable to you for any special, incidental, indirect, punitive or consequential damages, including, but not limited to, lost profits or data, arising out of this agreement or your use of the application or website, whether based in contract, tort or any other legal theory, even if advised of the possibility of such damages. In any event, Totallysme.com ‘s total liability to you for any claim arising hereunder or related hereto shall not exceed AED100/-.
11. FORCE MAJEURE
totallysme.com shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
12. TERM AND TERMINATION
This Agreement shall continue in full force until Totallysme.com electing to terminate your access to the Application or the Website, with or without reason or notice. For purposes of clarity, you are entitled to terminate your Totallysme.com account at any time. Totallysme.com reserves the right to modify, suspend, or discontinue the services or access to the Applications or Website without any notice at any time and without any liability to you.
totallysme.com shall not be responsible for the return of any content of any kind to you upon any termination of this Agreement or suspension of your access to the Application or the Website, including without limitation any information input into the Application by you.
All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
You agree to defend, indemnify and hold harmless totallysme.com and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website and/or Applications or from any breach by you of this Agreement, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation.
The rights and obligations of the parties under this Agreement shall be governed by the laws of United Arab Emirates, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved by the Dubai Courts. You hereby consent to exclusive jurisdiction of Dubai Courts United Arab Emirates. If any provision of this Agreement is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of this Agreement is illegal or contrary to public policy, the remaining provisions, to the extent feasible, will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives.
Totallysme.com reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Website or Application following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you have any comments or questions, please do not hesitate to reach out to us at firstname.lastname@example.org.
We hope you have good experience using totallysme.com service.