Terms of Use

    Welcome to www.thehyfin.com, the website of The Hyfin. These Terms of Use govern your visit and use of the Platform if you are an Entrepreneur, Business, or User (as defined below), and forms a binding agreement between you and The Hyfin. The Terms of Use must be read in conjunction with the Privacy Policy. 

    DEFINITIONS

    The following definitions apply to the Terms of Use

    Businessmeans an entity who is a Party to this Agreement, whose profile is listed on the Platform as “Business” and whose Services may be availed by Entrepreneurs or Users in accordance with the Services Agreement and these Terms of Use;
    Entrepreneurmeans registered Users who wish to browse or avail Services; 
    Personal Dataany data relating to an identified natural person, or one who can be identified directly or indirectly by way of linking such data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of such person;
    Platformmeans the online website of The Hyfin with the URL www.thehyfin.com that is controlled by us;
    Privacy Policymeans the Privacy Policy of the Platform governing use, storage and dissemination of Personal Data available at www.thehyfin.com;
    Servicesmeans the services offered, promoted and displayed through or on the Platform by Businesses;
    Services Agreementmeans the service agreement accepted between the Business and The Hyfin that specifies additional terms and conditions for listing Services on the Platform;
    Terms of Usemeans this document that contains the terms and conditions that govern use of the Platform;
    The Hyfinmeans an entity incorporated under the laws of UAE being the owner or controller of the Platform;
    Third-Party Sitesmeans third-party web pages that are linked on the Platform as further defined hereunder;
    UAEmeans United Arab Emirates;
    Us/ Our/ Werefers to The Hyfin domiciled in the UAE and its affiliates, subsidiaries and related entities;
    Usersmeans any individual or business entity visiting, using or accessing the Platform who has not registered on the Platform; and
    You/ Your/ (similar reference)refers to Users, Entrepreneurs or Businesses (as applicable) who are users or visitors of the Platform.

    YOUR CONSENT

    By visiting the Platform, you confirm you are at least twenty-one (21) years of age which is the legal age to form a binding contract, and are not a person or entity barred from, or incapable of entering into contracts under the laws of the UAE or other applicable laws, and you provide unconditional consent to the Terms of Use. Please be aware that your current and future visit or use of the Platform is subject to the Terms of Use. We urge you to read this document thoroughly. Should you disagree to be bound by the Terms of Use, please do not visit or use the Platform in any way.

    DESCRIPTION OF THE PLATFORM

    The Platform is an aggregator of Businesses and their Services for the consumption and utilisation of Entrepreneurs. The Platform also lists events relevant for its Users. It aims to create opportunities for Businesses to showcase their Services in a highly competitive market and gather exposure irrespective of the size of its business. The Platform allows Entrepreneurs to findthe listed Businesses and their Services to cater to their specific business requirements.

    PLATFORM ACCESS

    The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable licence to:

    1. access and use the Platform solely in connection with its indicated use; and
    2. access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any right which is not expressly granted in these Terms of Use, is reserved by us.

    The licence we grant you prevents you from downloading or modifying any content, or any portion of it, except with prior written consent from us. The licence does not include any use of robots, data mining or similar data gathering and extraction tools; any derivative use of the Platform or any resale or commercial use of the Platform. You are not permitted to transfer viruses, trojans or other features that may contaminate the Platform. You are not permitted to make any false, fraudulent or speculative reservation or post, transmit any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material or content that may constitute or encourage a criminal or civil offence or otherwise violate any law. You are not permitted to copy, reproduce, duplicate, resell or transfer content of the Platform for any commercial purpose without prior written consent from the Platform. You hold responsibility to be fully aware of the laws that govern your relationship with the Platform.

    REGISTER OR ACCESS FOR FREE

    You may choose to register on the Platform as an Entrepreneur or Business, or continue to visit and access the Platform without registration as a User. You agree and acknowledge that as a User, certain sections of the Platform, selected Services and benefits may be available to you in limited capacity and such restrictions may be modified at the Platform’s sole discretion, without any prior written notice or consent from the User. 

    Entrepreneur registration: 

    You are required to disclose basic Personal Data such as your full name, email address, phone number, company name, industryand a private password in return for an Entrepreneur account on the Platform. Registration is open to individuals and entities. Entities may register as an Entrepreneur and a Business. On your account dashboard, you may edit your profile page, change your password or deactivate your account. 

    Business registration (subject to the Services Agreement):

    You are required to disclose basic Personal Data such as company name, industry/ sector, business email address, business phone number, list your Services and country of incorporation. Registration is open to entities having a licensed business. 

    At the time of registration, the Business shall be prompted to accept or reject that it is fully licensed and authorised to perform the Services it declares on the Platform. If the Business accepts the Platform’s prompt, it warrants and confirms that it holds the valid Licence, authorisations and permits to undertake the Services, is willing to submit such documentation on the Platform for verification and this Agreement is conditional on the verification process conducted by The Hyfin.

    The Hyfin shall tag the Business as follows:

    • ‘Verified’ Business: The Hyfin has verified the Registration Documents submitted by the Business.
    • ‘Pending verification’ Business: The Hyfin’s verification process is on-going and it may request the Business for additional verification documents.
    • ‘Unverified’ Business: We have uploaded on the Platform, Business information that is publicly available on the internet however do not provide any guarantee for the truthfulness or accuracy of this information. An ‘unverified’ Business is not party to the Services Agreement. In such case the Business shall have limited access and utilisation of the Platform.
    • Complete Business profile: The Business has submitted all relevant details and information to complete its profile on the Platform.
    • Incomplete Business profile: The Business has not submitted all relevant details and information required to complete its profile on the Platform.

    All registration requests are subject to our approval. You agree to provide accurate and complete information in the registration form. You are prohibited to use a false email address or impersonate a person or an entity on the registration form or at any other point of engagement with the Platform. Each registration is valid for a single individual or entity (as applicable) and is non-transferable. 

    The Platform reserves the right, at any time and without reason, advance notice, limitation or liability, to terminate your account, to decline your registration request and restrict your access to the Platform at its sole discretion. 

    The Platform shall not engage with any individual or entity that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. We shall not intentionally continue to allow access to the Platform to any of the United States Office of Foreign Assets Control (OFAC) sanctioned countries, subject always to the laws of UAE. Kindly refrain from using the Platform if you are sanctioned by OFAC or deal with OFAC sanctioned persons or entities.

    You are solely responsible for the type and level of disclosures of information you make to the Platform. Our commitment to confidentiality is in accordance with our Privacy Policy. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.

    SERVICES

    You may browse the catalogue of Services, events or Businesses by sector, services, location, categories, sub-categories or name. We reserve the right to include or exclude Businesses, sectors or industries at our discretion and in accordance with our policies, without prior notice to Entrepreneurs and Users. 

    You may visit a Business profile to review its Services, its address, geographical location and phone number, and links to its website and social media accounts. We reserve the right to review and amend any information on the Platform. 

    You acknowledge and agree the Platform does not allow for direct correspondence between Entrepreneurs and Businesses, however the Entrepreneurs and Businesses may communicate separately and outside the Platform, once connected through the Platform.

    Provision of Services shall not conclude on the Platform. You agree and accept the Platform is a discovery platform and agree to use the Platform strictly for the purposes specified and permitted hereunder. Any contracts that Entrepreneurs or Users may sign with any Businesses (or lack thereof) shall be at their sole discretion and you are solely responsible for selecting the parties you wish to work with and any ensuing correspondence, discussion or transactions. We may not be involved in any issues, claims, disputes or errors between Users or Entrepreneurs and Businesses.

    Contact Us: If you are unable to locate or identify a Business category of choice, you may write to us using the ‘Contact Us’ feature on the Platform. While we do not guarantee addition of a specific Businesses category or Service upon your request, we will use reasonable endeavours to resolve your query. You may also visit the ‘FAQ’ page to address your questions. You may chat with us on WhatsApp using the link to our business chat on WhatsApp. 

    Events and Awards:

    The Platform lists events that it believes may be relevant to Entrepreneurs under the ‘Events’ section. You agree and acknowledge that by accessing this section, you will be redirected to a Third-Party Site that is not governed by these Terms of Use. The Platform takes no responsibility or liability for the content or actions on such Third-Party Sites and you will visit or use any Third-Party Sites at your own risk and volition.  

    News and Highlights:

    The Platform will upload news updates and highlights pertaining to the entrepreneurship and start-up global ecosystem. Each news update will have a third-party link to redirect you to the official source of the news update. Should you choose to visit such Third-Party Site, you agree and acknowledge these Terms of Use shall not govern your use of the Third-Party Site in any manner. The Hyfin is not a news generator nor does it assume any responsibility or liability for the authenticity, credibility or accuracy of any news update or highlight uploaded or shared on the Platform. You agree to waive all claims against The Hyfin or the Platform in this respect.

    GUIDELINES FOR COMMUNITY FEEDBACK SYSTEM

    The Platform provides a feature to allow constructive community feedback. Entrepreneurs may post reviews on a Business profile based on the quality of the Service they received. The objective is to increase the reliability of Businesses. A violation of these guidelines for community feedback systems will result in suspension and blacklisting as stated in these Terms of Use.

    We reserve the right to restrict your Entrepreneur or User account if:

    • ​you upload feedback for Services you have not used;
    • you engage in unlawful or immoral acts on the Platform or solicit any third-party to do so;
    • ​​you participate in or solicit anyone to participate in posting wrongful reviews;
    • you pay, incentivize or encourage anyone to post reviews on Businesses that do not represent a genuine experience;
    • ​​you accept any payments, incentives or discounts to post positive reviews for Businesses;
    • you create accounts on the Platform to impersonate any person, group or organisation;
    • you condone or reciprocate hate speech, cyber trolling, cyber bullying or violence against any other Businesses, Entrepreneurs or Users;
    • you violate any applicable international, federal or state regulations, rules or laws; or
    • ​​you interfere with or circumvent the credibility of the Platform.

    We reserve the right to restrict your Business account if you, or anyone from your organisation:

    • ​​attempts to upload a review of your own Services;
    • ​solicits anyone to participate in posting wrongful reviews;
    • pays, incentivizes or encourages anyone to post reviews that are not genuine;
    • ​discourages or prohibits anyone from posting reviews that you believe are negative about your Services;
    • ​​pays, incentivises or offers discounts to Entrepreneurs or Users willing to post a positive review about your Services;
    • creates accounts on the Platform to impersonate any person, group or organisation;
    • attempts to remove any comments that you believe are negative about your own Services;
    • attempts to leave a false or misleading review on another Business who may or may not be your competitor;
    • ​condone or reciprocates hate speech, cyber trolling, cyber bullying or violence against any other Businesses, Entrepreneurs or Users;
    • violates any applicable international, federal or state regulations, rules or laws; or
    • interferes with or circumvent the credibility of the Platform.

    If you identify any violation of the above guidelines, you must immediately inform us through our email address contact@thehyfin.com.

    NON-DISCRIMINATION POLICY

    The Platform has a strong non-discrimination policy that has been developed to ensure that Businesses, Entrepreneurs and Users can collaborate and work in an environment free from discrimination, coercion and interference. The Platform is committed to maintaining an environment that is welcoming, encourages mutual respect, tolerance and professionalism. Businesses, Entrepreneurs and Users of the Platform must comply with these values and commitments as a violation of these shall amount to serious action taken by The Hyfin.

    Businesses, Entrepreneurs and Users shall not:

    • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, lifestyle or gender identity, religion, ethnicity, race, age, national origin, or disability any Businesses or Entrepreneurs or Users;
    • engage in threatening, intimidating, dehumanising speech, attacks, inciting or threatening violence when communicating with each other;
    • create or entertain hate groups or any unions that incite or promote hatred or any other acts that intend to create division;
    • coerce Businesses or Entrepreneurs or Users into a position, situation, circumstance, or transaction against their will;
    • interfere with any Businesses or Entrepreneurs or Users in their personal matters against their will; and
    • engage in activity on the Platform which may be religiously insensitive, violate cultural or societal norms, include profane language or support third party posts or individuals or businesses that condone, allow or propagate such ideologies or messages.

    Businesses, Entrepreneurs and Users, shall demonstrate strong commitment to this non- discrimination policy.

    ONLINE COMMUNICATION

    The Platform engages with you via emails in the nature of receipts, newsletters, brochures, templates, checklists, promotional content, information on upcoming events, new subscription offers or to provide feedback forms. The Hyfin may also request updating Personal Data or respective business licences via email. You consent to all electronic communication between us. The Platform also connects you to its social media accounts on Facebook, Instagram, LinkedIn, TikTok, Pinterest and YouTube. The Platform is under no obligation to post specific content on its social media accounts, makes no guarantees in respect of its social media displays and assumes no responsibility or liability for the content shared. 

    Notwithstanding the above, The Hyfin has sole discretion to delete any comment, post or message uploaded by you on our social media account page, delete any comment added to our community feedback page or delete any email exchanged between the Platform and you; including reserving the right to delete any unlawful, harmful, threatening, abusive, defamatory, harassing, vulgar, profane, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law, uploaded by you.

    PAYMENTS

    All payments on the Platform shall be made via Stripe payment gateway in the currency of United States Dollar (USD) and in such case your credit or debit card will be charged at the time the purchase is made. We DO NOT collect or store and do not intend to collect or store, any financial information, including CVV or credit card or debit card pins, from any transactions made by you on the Platform, although such information will be stored on a secure server in your personal account on the Platform that is used only for your ease of convenient future purchases. 

    Any data or personally identifiable information collected at the time of processing the transaction shall not be stored, sold, shared, rented or leased to third-parties. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement. 

    Please refer to our Privacy Policy for more information relating to processing of Personal Data. 

    It is your responsibility to check with your bank for any additional service charge, loyalty or convenience, finance, foreign exchange or other charges, prior to making a purchase on the Platform. The Platform shall not be held responsible or liable for any excess charges made by banks to your credit or debit card. 

    For avoidance of doubt, the Platform shall not process payments for any sale of Services between Entrepreneurs and Businesses, and such transactions shall be concluded independently outside of the Platform, directly between Entrepreneurs and Businesses. The Platform shall not be held responsible or liable in any manner whatsoever for any claims in this respect.

    REFUNDS

    All payments made through the Platform are non-refundable unless expressly approved by us. We cannot guarantee refunds nor are we obligated to consider requests. Approved refunds will take a minimum of sixty (60) days and you are responsible for all associated charges and foreign exchange risks. Taxes are always your responsibility.

    SUSPENSION, BLACKLISTING AND TERMINATION

    Suspension or termination of an account will be at the discretion of The Hyfin depending on the nature and severity of violation or breach of the Terms of Use.

    Businesses and Entrepreneurs shall be compliant and adhere to the guidelines herein whilst engaging with our community. Any violation of these guidelines shall result in a warning being issued together with a ‘red badge’ on the violating account resulting in six (6) months monitoring of the violating account. Subsequent violations shall amount to temporary suspension of the violating account or the violating account being blacklisted. Blacklisting will restrict the violating account holder from joining the Platform again.

    The Hyfin reserves the right at any time, and for any reason to terminate access to the Platform by written notice by email, if it has reason to believe there is a gross violation of applicable laws or these Terms of Use.

    Entrepreneurs or Businesses may terminate their subscription (their agreement with us) or use of the Platform, by selecting the ‘deactivate my account’ option and/or discontinuing use of the Platform. Users may terminate their agreement with us by only discontinuing use of the Platform.

    THIRD-PARTY SITES

    The Platform provides links to The Hyfin’s social media pages such as Facebook, Instagram, LinkedIn, TikTok, Pinterest and YouTube, and/ or third-party advertisements (“Third-Party Sites”). You acknowledge and agree these Terms of Use shall no longer govern your usage of those Third-Party Sites. We urge you to carefully read the terms and conditions of all Third-Party Sites that you may be redirected to, through the Platform or visit otherwise.

    The Platform may include advertisements or banners or options with external links directing you to Third-Party Sites. Once you click or access these Third-Party Sites, you will leave the Platform. We do not investigate, review, endorse, represent or control the content of any Third-Party Sites, unless otherwise expressly stated in the Terms of Use. We are not responsible or accountable for the content displayed on Third-Party Sites. You will access, visit and use these Third-Party Sites at your sole risk and liability. 

    The Third-Party Sites may select, deliver and promote (separate and unrelated to this Platform) advertising networks, advertising agencies, advertisers and audience segment providers. These Third-Party Sites may collect information about you and your online activities, either on the Platform or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you, advertisements that are tailored to your interests. We do not have access to, or control over, the information that Third-Party Sites may collect. The information practices of these third parties or Third-Party Sites are not covered in these Terms of Use or Privacy Policy.  

    LIMITATION OF LIABILITY

    You understand and agree that none of the aspects or details on the Platform offered directly by us are intended to be legal, financial, technical, medical, economical or professional advice of any kind. The Platform holds no liability to you for any direct, indirect, special, exemplary, incidental or consequential damages, including but not limited to, software glitches, inaccurate pricing due to human or technical errors, engagement between Entrepreneurs and Businesses on or off the Platform, your use of, or reliance on the Services, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Platform or from engaging with any Businesses in any manner. Taking into account the above-mentioned exclusion of liability, in case any liability is established by an entity with jurisdiction in accordance with these Terms of Use, in a matter against us, you expressly acknowledge and agree that the maximum limit in the aggregate for any liability claim shall not in any event exceed the fees last paid by the Business to us. In case no such payment has been made by the Business, the liability shall be limited in aggregate to USD 272.

    SUBMISSIONS ON THE PLATFORM

    You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address contact@thehyfin.com. 

    Any information, reference, approved ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. 

    We shall be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by you through the Platform shall not constitute our opinion or advice, and the information provided should not be used or acted upon without consulting a qualified advisor. We do not ascertain the validity of posts or ratings submitted by you and our permission to allow you to post on the Platform may not be construed as our vetting or our acceptance of your opinions or views. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.

    INTELLECTUAL PROPERTY

    The entire content of the Platform including but not limited to text, designs, packages, graphics, photographs, video, interactive presentations, software, logos, text, arrangements and layouts are our sole and exclusive property, or are licensed to us and all rights are reserved and are protected by international copyright laws. All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform (and excluding trademarks belonging or licensed to Businesses) are proprietary to us and may only be used by licensees authorised by us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.

    SURVIVABILITY

    If a judicial authority with jurisdiction, finds any part of the Terms of Use unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in effect to the fullest extent permissible by the applicable laws.

    AMENDMENT

    You shall receive an email from us notifying you of the change to the Terms of Use, Privacy Policy and Disclaimer. We shall not be liable in the event that the email is not delivered to you due to any technical errors or you providing us with an incorrect email address.  The most recent version of the Terms of Use, Privacy Policy and Disclaimer will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use.

    NOTICES OR COMMUNICATION

    Any notices or communication under the Terms of Use, Privacy Policy or Disclaimer shall be delivered electronically by email and such notification shall be deemed valid. 

    Notices or communication to us can be delivered electronically at contact@thehyfin.com.

    GOVERNING LAW AND JURISDICTION

    By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms of Use and any dispute or claim arising with respect to The Hyfin, the Platform, these Terms of Use, the Privacy Policy or the Disclaimershall be subject to the exclusive jurisdiction of three (3) arbitrators under the rules of the Dubai International Arbitration Centre, in the English language, with the seat in Dubai, UAE (irrespective of your geographical location).

    Last updated in June 2023

    DISCLAIMER

    This Disclaimer shall be read in conjunction with the Terms of Use and Privacy Policy of this Platform. 

    Capitalised terms in this Disclaimer have the same meaning as in the Terms of Use.

    You shall use the Platform at your own risk and sole liability. We do not make any guarantees, warranties or representations, whether express or implied, whether arising out of law or otherwise, in relation to your visit or use of the Platform or Services, your relationship with any Business, the accuracy of the content on the Platform, or the quality or quantity of any postings or updates; nor do we accept any liability for any user reviews or feedback. We assume no liability or responsibility for any errors or omissions in the content of the Platform. While we may make changes to the Platform without any prior notice, at the same time, we are not obligated to make any such amendments. We reserve the right to disclose any information that you may provide to us through the Platform, to our legal representatives and advisors and any governmental or federal authority in the UAE, without any prior notice or consent. 

    We shall not be accountable to you or any third-party relying on you, and in this respect, you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that you may suffer through using this Platform. We shall not be liable for any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Platform or any Third-Party Sites. 

    You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your visit, use or access or interruption or inability to use or access the Platform or your relationship with any Business. 

    If you have any comments, concerns, questions or feedback, please direct these to contact@thehyfin.com. 

    Last updated in June 2023