Last updated: November 25, 2023
These Terms, as specified herein form a legally binding agreement between Tuesday Communication Digital Marketing Co. LLC, a limited liability company incorporated in Dubai, United Arab Emirates (“Company”, “Companies”, “we”, “us”, “our”), and You, which comes in as and when you browse, use or interact with the website www.tuesdayme.com (“website”), or with any “applications, portal, and other platform (collectively referred to as “apps”)” developed by us, our channel partners, associated firms, social media and other websites from time to time.
Please read these Terms carefully.
You hereby agree with us that by visiting, browsing, using the website or the apps, you are entering into a legally binding agreement with us. If you do not agree with any clause in these Terms, you should immediately discontinue access or use of the website and/or apps and close your account with us. By continued usage of Services you continued You confirm acceptance to us that you accept the terms of this Policy by continued use and/ or viewing our website, apps and usage of your account with us.
Following Terms form the binding agreement between you and us:
- Services: Services, means and includes marketing and advertising products and services of third parties through digital, social, print media, physical media or any other channel of communication and includes the process of communicating with or depicting to any person, section of society, or public at large for the purpose of disseminating information with the view to enhance the visibility of any product or service of any third party (“Services”).
- Acceptance: You deem to have used our Services, when you view, browse, transact, or interact with our website, application or portal and /or use any data, picture, content, digital depiction, artwork, statement or information posted, depicted, placed or presented on our website, apps, portal or other platform. Usage of Services is deemed acceptance of this Agreement.
- You represent and undertake the following to us: When you Use our Services, whether you are a client on-boarded physically or virtually, or are a user, you undertake and represent to us that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree with us and undertake to us that you will not Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner; and not Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities using our Services; and not to Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; and not Use or attempt to use another user's account without authorization; or attempt to circumvent or amend any content filtering techniques we employ, nor attempt to access any service or area of our Services that you are not authorized to access; and not to develop any third-party applications that interact with our Services without our prior written consent; and not to provide false, inaccurate, or misleading information; and not encourage or induce any third party to engage in any of the activities prohibited in this agreement.
- Information collected from you (“Information”): where you become our client whether by physical confirmation or by creating account on-line with us, we will be obliged to collect the following information from you:
- Full name, residential address and contact details (e.g. email address, URL address, telephone number etc.);
- Date of birth, place of birth, gender, citizenship;
- Bank account information, credit card details, including details about your source of funds, assets and liabilities, and such other information as may be asked;
- Your bank details / digital wallet address;
- Trading account balances, trading activity, your inquiries and our responses;
- Information on whether you hold a prominent public function (PEP) (like politician);
- Verification information, which includes information necessary to verify your identity such as a (passport, driver’s license or Government-issued identity card);
- Other Personal Information or commercial and/or identification information – Whatever information we, in our sole discretion, deem necessary to comply with our legal obligations under various anti-money laundering (AML) obligations, including under the United Arab Emirates’s Federal Decree-Law No. (20) of 2018 On Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations, European Union’s Anti Money Laundering Directives and the India Bank Secrecy Act (BSA).
- Location Information – Information that is automatically collected via analytics systems providers to determine your location, including your IP address and/or domain name and any external page that referred you to us, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform;
- Log Information – Information that is generated by your use of our platform
- Services that is automatically collected and stored in our server logs. This may include, but is not limited to, device-specific information, location information, system activity and any internal and external information related to pages that you visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Website or App (including date and time; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page;
- Information we receive about you from other sources: We obtain information about you in a number of ways through your use of our services, including through any of our websites, the account opening process, webinar sign-up forms, event subscribing, news and updates subscribing, and from information provided in the course of on-going support service communications. We also receive information about you from third parties such as your payment providers and through publicly available sources.
- Cookies: When you use our products and services, we may make use of the standard practice of placing tiny data files called cookies (herein, “Cookies”) on your computer or other devices used when engaging with us. Cookies help us to recognize you as a customer, collect information about your use of our products and services, to better customize our services and content for you, and to collect information about your computer or other access devices to ensure our compliance with our Anti Money Laundering obligations.
- Copyrights and Other Intellectual Property Rights: Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are our proprietary property or our licensors or suppliers and are protected by United Arab Emirates and international copyright laws and other intellectual property rights laws.
- Data Retention: We consider it critical that we can keep your personal information private whichever way you interact with us. We will hold personal information, for as long as we have a business relationship with you, in secure computer storage facilities, and we take the necessary measures to protect the personal information we hold from misuse, loss, unauthorized access, modification or disclosure. When we consider that personal information is no longer necessary for the purpose for which it was collected, we will remove any details that will identify you or we will securely destroy the records. However, we may need to maintain records for a significant period of time, after you cease using the website or apps. Also, any personal information we hold in the form of a recorded information, by telephone, electronically or otherwise, will be held in line with local regulatory requirements.
- Third-Party Content: In using our Services, you may view content provided by third parties, including links to web pages of such parties. We do not control, endorse or adopt any such third-party content and shall have no responsibility for such content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of such content, and your interactions with third parties, is at your own risk.
- Disclaimer of Warranties: Except as stated by us, all our Services are provided on ‘as is where is basis’. You hereby expressly waive all express and implied warranties of merchantability, non-infringement, fitness, and disclaim and waive all express representations or those deemed to have been made by us.
- Non-infringement as to our services, including the Information: You acknowledge that Information you store or transfer through Our services may become irretrievably lost or corrupted or Temporarily unavailable due to a variety of causes, including Software failures, protocol changes by third party providers, Internet outages, force majeure event or other disasters including Third party attacks, scheduled or unscheduled maintenance, Or other causes either within or outside our control. You are solely responsible for backing up and maintaining any copies of any Information you store or transfer through our services at your own risk.
- Limitation of Liability Except as otherwise required by law, in no event do we, our directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from us, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to our records, programs or services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the maximum extent permitted by law, in no event shall our aggregate liability, including those of our directors, shareholders, and employees, whether in contract, warranty or tort arising out of or relating to use of, or inability to use the website or apps exceed the fees that has been paid by you to us during last 12 month period immediately preceding the date of any claim giving rise to such liability.
- Indemnity: You agree to defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
- Suspension and Termination In the event of any force majeure event (i.e., such natural, political or economic event which renders providing the services impossible or commercially unviable), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for us, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your account with us and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
- Discontinuance of Services: We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
- Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with us for the Services or otherwise. In the event of any conflict between these Terms and any other agreement you may have with us, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
- Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
- Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via our websites, mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the "Last Updated" date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.
- Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
- Jurisdiction and applicable law: these terms are subject to laws of Dubai, United Arab Emirates and any dispute arising here-from shall be subject to courts of Dubai, United Arab Emirates.