http://gebeya.com (“Site” or “Website”) together with all the subdomains of the Site are the property of and operated by Gebeya Inc. (“Gebeya” or “us” or “we” or “our”). Gebeya offers this website including all resources and information (“Content”) to the User (“User” or “You”) subject to and conditioned upon the acceptance of all terms, conditions, restrictions, policies and notices contained herein.
By visiting the Site and/ subscribing to any of our services, you agree to be contractually bound by the terms and conditions set out in these Terms And Conditions (“T&Cs”) including any additional conditions referenced herein or available by hyperlink. Furthermore, you agree to be legally bound by all applicable laws and regulations and accept full responsibility for your compliance with same. If you do not agree to all the terms of this Agreement, DO NOT USE OUR WEBSITE. If these T&Cs are considered an offer, acceptance is expressly conditioned on acceptance of these T&Cs.
2. Scope of Application
These T&Cs apply to any and all our Content including but not limited to Software development, Talent placement, consultancy and tech audits. Any new Content added to the Site shall also be subject to these T&Cs.
3. Ownership of Content
The Website including all past, present and future versions and all pages found therein; the Content and information including all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Websites (the “Site Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights are owned, controlled or licensed by or to Gebeya, and are protected by intellectual property laws and unfair competition laws. In using our Website, Content or Site Content, You acknowledge and agree to abide by all applicable intellectual property and competition laws, as well as any specific notices contained on the Website. All rights not expressly granted are reserved.
For clarity, any and all Website, Content and Site Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without our express prior written authorization.
4. General Conditions
5. User Information
6. User Restrictions
In using our Site, you agree to follow our terms and condition. Violations of these T&Cs may result in the immediate removal of your access to this Site and/or restrictions on your access to our services. You shall also not permit anyone else to copy, use, modify, transmit, distribute or otherwise exploit the information, tools or any other copyrighted materials provided on the Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any applicable law or any laws in your jurisdiction (including but not limited to copyright laws). By agreeing to these T&Cs, User undertakes not to upload, post or otherwise transmit through our Website or any of our other tools or media and content that is; (w) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (x) constitutes unauthorised disclosure of personal or confidential information and/ infringes any patent, trademark, trade secret, publicity rights, privacy rights, copyright or other intellectual property or any rights of any party; (y) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; (z) spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
7. Intellectual Property
All rights, title and interest in intellectual property rights relating to the Website, Content or Site Content including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Gebeya.
You are not authorized to and are expressly prohibited from copying, modifying, reproducing, re-publishing, sub-licensing, selling, uploading, broadcasting, posting, transmitting, transferring mirroring on any other server, or distributing any of the Content or Site Content without the prior written Consent of Gebeya. All other trademarks, service marks and trade names on our Website, Content or Site Content are the marks of the respective owners and any unauthorised use is prohibited. Gebeya shall be entitled, upon any breach of this clause 7 by the User, to immediately terminate these T&Cs and cease to provide any service to You
Our Website, Content or Site Content may contain User or third party submitted content, such as feedback and suggestions, or other materials or submissions (“Third Party Content”). Gebeya does not claim ownership of any Third Party Content and, to the full extent permitted by law, shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to the Third Party Content. Third Party Content is not reviewed, approved or endorsed by Gebeya and is provided solely for the convenience of Users. Gebeya however reserves the right to monitor, restrict access to, edit or remove any such Third Party Content from our Website.
All Content or materials on the Site are provided on an ‘as is’ and ‘as available’ basis and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies. Where Users are of the opinion that any Content, Site Content or Third Party Content should for whatever reason be taken down from our Website, Users are encouraged to report such content here. Gebeya may, where necessary, contact the User in order to elicit additional information regarding such reported content and shall have the right to determine, at its sole discretion and without further recourse to the User, whether or not to take down such reported content.
Gebeya reserves the right to make modifications to our Content, Website and any of our services without notice to the User. We shall not be liable to you or any third party for any modification, suspension or discontinuance of any service.
10. Pricing and Payment
As an express condition of your use of and access to our Services, you agree to pay our mutually agreed fees subject to the payment terms in our contract of engagement. We accept over the counter payments at our offices (cash, through debit or credit card) direct deposit into our designated bank accounts (cheque, wire transfer, bank transfer) or through other third party payment platforms.
Gebeya does not at any point handle your card information or other banking details. Consequently, you are solely responsible for your interactions with any financial institution or third party payment platforms. For the avoidance of doubt, Gebeya is not liable for any loss or transfer or unauthorized use of your data resulting from the use of or in connection with any financial institution or third party payment platform.
User therefore undertakes to hold Gebeya harmless against all claims, actions, suits, losses, costs, liabilities and expenses relating to or arising out of the use of any financial institution or third party payment platforms.
We shall be entitled to terminate these T&Cs and cease to provide You any service and/ restrict your access to our Website with immediate effect if You breach these T&Cs by, including without limitation: (x) Failure to make any payments when due or failure to provide accurate information or providing false or misleading information; (y) acts of aggression, bullying, offensive behavior & speech, threatening harassing manner or behavior towards Gebeya talents or Gebeya employees.
Clauses 6 and 7 of these Terms and Conditions shall survive termination
12. Data Protection
The nature of the services provided by Gebeya require collation, use, storage and (sometimes) disclosure (“Use”) of certain User information such as name, contact information and demographic information (“Data”). We will store your Data and use same to contact you and otherwise use it in the normal course of providing you the service(s) to have paid/subscribed to. We will, on occasion, use the Data you provide us in response to surveys, aggregate user profiles and, where you provide consent in your registration form, provide periodic communications. We will not share your Data with anyone outside of Gebeya.
Aggregated user profile information we gather includes details of your operating system and platform, browser type and version, domain name and IP address, log in data, time zone setting and location, Website browsing history, and other technology on the devices used to access our Website. We also gather User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services, to ensure that you have access to relevant Content and to generally improve our service delivery to you. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website. Our Website may link to third party websites; we are not responsible for their data policies or procedures or their content. Gebeya will take steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security. Gebeya may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer. If you wish to change or update the data we hold about you, please send an email to email@example.com.
You use our Website, Content and Site Content at your sole risk. We do not guarantee or make any representations or warranties as to the quality, suitability, truth, accuracy or completeness of our Website, Content or Site Content. Furthermore, we make no representations, warranties or guarantees that your use of our service will be uninterrupted, timely, secure or error-free or that our Website, course and Content will meet with your expectations and requirements, be virus-free, or perform error- and damage-free.
User agrees that all Site and Content are provided on an 'as is' and 'as available' basis for Your use, without any representations, warranties or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement.
User acknowledged that Gebeya does not warrant that your access or use or both of the sites and Content will be uninterrupted, timely, secure, error-free or virus-free, and Gebeya does not make any warranty as to the results that may be obtained from the use of the Site and Content, and no information, advice or services obtained by you from Gebeya or through the Site and property will create any warranty not expressly stated in these Terms and Conditions.
User indemnifies, defends and holds Gebeya harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of any use of our Website, Content or Site Content or the breach of these T&Cs or the policies they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Limitation of Liability
User understands and agrees that Gebeya SHALL NOT BE LIABLE to You for any loss or damage which You may incur, including without limitation as a result of any reliance by You on the accuracy, completeness or suitability of our Website, Content, or Site Content and any changes which Gebeya make to these from time to time or for any temporary interruption, modification, suspension or permanent cessation of any of our courses or services. User further agrees that Gebeya shall not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of Our Website or Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Gebeya had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Gebeya’s liability will be limited to the greatest extent permitted by Law
User agrees and shall indemnify and hold Gebeya, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees arising from or relating to: (x) your use of and access to our Website, Content and Site Content; (y) any of your submissions or other Third Party Content; (z) your violation of these T&Cs. This indemnification obligation will survive the termination of these Terms and Conditions and your use of our services or access to either or both of Gebeya Core or Gebeya Professional.
16. Governing Law
Any claim relating to these T&Cs shall be governed by the laws of the State of California without regard to the principles of conflict of law
In any action between or among any of the parties, whether arising out of these or otherwise, each of the parties irrevocably and unconditionally (i) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in California; and (ii) waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or any transactions contemplated hereby.