Last updated 01 July 2020

These terms and conditions (Terms) apply whenever you use our website http://fintech-galaxy.com, its chatbot or any other application/service on the website (together, the Website).

Please read these Terms carefully and print a copy for your future reference. Your use of the Website forms a legally binding contract with MSlynx Technologies FZE (Fintech Galaxy Limited, we or us) based on these Terms. If you do not agree to these Terms, you must stop using the Website. By browsing, using, checking the acceptance box, registering, and uploading any data to the Website, you :(a) agree that you have read and understood these Terms, accept these Terms and agree to be bound by it, as may be amended time to time, and (b) represent and warrant to Fintech Galaxy that: (i) you are of legal age and have the authority to accept these Terms, (ii) these Terms are binding and enforceable against you, (iii) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) you have read and understood Fintech Galaxy’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy.

We may revise these Terms at any time by publishing an updated version on the Website. There are other terms that may apply to you, including for example the privacy policy http://fintech-galaxy.com/privacy-policy. If you register in the Website as an Institution, Startup or Professional, you will be bound by these Terms and the additional terms in any applicable agreements entered into between you and Fintech Galaxy.

Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please e-mail us on info@fintech-galaxy.com.

1. WEBSITE AND SERVICE OFFERED BY FINTECH GALAXY

   1.1 Fintech Galaxy is an open platform that fuels innovation, drives collaboration and facilitates integration between financial institutions and fintech companies. The platform provides an API sandbox that enables development, testing and deployment of fintech solutions, offers a marketplace that connects institutions to thousands of fintechs from across the globe, and delivers matchmaking and crowdsourcing capabilities that solve customer pain points, ultimately spurring disruptive and transformative innovation across the financial services industry.
   
   1.2 The Website has a marketplace for crowdsourcing in the Fintech space. The Website provides a service (Service) whereby an entity in the Fintech Space (for example governmental entities, central banks, financial firms, banks, etc.) may post problems (Challenges and Hackathons) and may offer the payment of an amount of money (Award) for solutions (Solutions) submitted by any person(s) who meet the criteria to register on the Website as set out below (typically individuals, start-up companies and universities). Each Challenge has its own requirements and levels of difficulty, and may require different types of information from the solution provider. Our role is limited to providing the platform for the publication of the Challenges/ Hackathons and the submission of Solutions.
   
   1.3 We are not in any manner involved in, and make no representations and warranties, in relation to the nature, qualifications, legality, timing or criteria for submission and acceptance of any Challenge/ Hackathon, or in relation to the nature, qualifications, legality, compliance and timing of the Solutions. In addition to the Services provided as explained above, we publish content on the Website relevant to Institutions and Solution Providers. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We merely source the data and the content and provide it on ‘as is’ basis.
   
   1.4 You understand that Fintech Galaxy does not and cannot review all the data and content made available through any part of the Website. We make no representations, warranties or guarantees, express or implied, that the content on our Website is accurate, complete, up to date, legal or does not infringe the rights of any third party.
   
   1.4 We advise you to use your common sense while using the data and content from the Website.

2. ABOUT YOU

   2.1 The Website is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organisations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Website.
   
   2.2 If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States, the European Union and the United Arab Emirates, and its citizens, you may not use this Website.

3. IF YOU ARE A SOLUTION PROVIDER

   3.1 If you are a startup or professional, you must register as such. You may cancel your registration at any time by contacting info@fintech-galaxy.com. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another member. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify us at info@fintech-galaxy.com of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. You are responsible for maintaining the confidentiality of your password(s). Fintech Galaxy staff will never proactively reach out to you and ask for any personal account information, including your password.
   
   3.2 By providing your mobile phone number and email address to Fintech Galaxy 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.
   
   3.3 We will use reasonable endeavors to keep the information in relation to current Challenges/ Hackathons, results of the Solutions submitted on the Website, and payment of Awards as current as possible. However, we do not guarantee that such information, any postings or content on the Website will be current and accurate at all times.
   
   3.4 You acknowledge and agree that you may create and submit a Solution for a Challenge which has already been accepted, and for which the respective Award has already been paid, and for which we have not yet updated the Website to reflect this information.
   
   3.5 If you submit a Solution in response to a Challenge, you represent and warrant that you are the owner of the submitted Solution and that you are legally free to make the disclosure and to convey the intellectual property rights being offered to the Institution.
   
   3.6 We are not involved in the process of selecting and accepting the Solutions. Our role is limited to providing the Institutions with the list of Solutions submitted, who will at its entire discretion shortlist some of the Solutions. The Institution may not accept your Solution and you may not receive any Award for it. You have no recourse or claims against us or the Institution if your Solution has not been accepted.
   
   3.7 You may be asked to make legally binding warranties and representations to us and the Institution in relation to a Solution that you submit on the Website. If your Solution is accepted by the Institution, the payment of the respective award may be subject to certain conditions, including your entering into a legally binding agreement with the Institution in relation to the use of, and intellectual property rights in relation to, the Solution.

4. USE OF WEBSITE

   4.1 You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
   
   4.2 You are permitted to download and print content from the Website solely for your own internal business purposes and/or personal use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
   
   4.3 You agree not to use any device, software or routine to interfere with the proper working of the Website or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
   
   4.4 You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Website and Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and we expressly disclaim any liability or responsibility thereto.
   
   4.5 Without limiting any other rights and remedies we may have available under these Terms or at law, we may, without giving any notice, limit your activities on the Website, deny you access to the Website, remove information uploaded by you, or refuse to provide the Services to you if you breach these Terms or if we consider your use of the Website or the information provided by you in the Website, to us or other users, is inappropriate, potentially creates liability for us, or may cause us to lose (in whole or in part) the services of our Internet service provider, advertisers, or other suppliers.

5. YOUR INFORMATION

   5.1 You are solely responsible for the content of your information provided to us or other users, during your registration or use of the Website and the Services, in any public message area, blogs, through any email feature or otherwise generated out of your use of the Website, postings, or Solutions (Your Information).
   
   5.2 You agree that Your Information will be accurate and will not, to the best of your knowledge: (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), (c) be libelous, unlawfully threatening, or unlawfully harassing, or (d) be contrary to Islamic principles, or the social norms or moral or cultural considerations of the UAE or other Arab countries, (e) for which you have not obtained all necessary licenses and approvals, or (f) which is technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
   
   5.3 We will be free to copy, disclose, distribute, incorporate and otherwise use any of Your Information and materials posted or shared in or through the Website, for any and all commercial and non-commercial purposes.
   
   5.4 Without prejudice to any rights or remedies we have under the Terms and the law, we reserve the right to remove Your Information and any materials that breach these Terms or that we deem inappropriate.

6. LIMITATION OF OUR LIABILITY

   6.1 We shall not be liable to you for any damages, claims, expenses, or other costs (including without limitation legal and attorneys’ fees) you suffer or incur as a result of third-party claims relating to your use of the Website or its data and content and the Services. Under no circumstances will we be liable for any indirect special, economic, incidental, consequential or punitive damages, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Fintech Galaxy was given actual or constructive notice that damages were possible. In any event, Fintech Galaxy's total liability to you for any claim arising hereunder or related hereto shall not exceed AED1000/-.
   
   6.2 Except as explicitly set forth herein, neither Fintech Galaxy, 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) Fintech Galaxy shall not be responsible for any statements or representations made or actions taken by any other party using the Website or reviewing any of your content; (ii) Fintech Galaxy does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) Fintech Galaxy is not responsible for vendors, users or any other party's compliance with applicable laws, rules or regulations; (iv) Fintech Galaxy's services are administrative in nature and Fintech Galaxy 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) Fintech Galaxy 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 Website may not function properly or as intended at times; and (v) Fintech Galaxy 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. 6.3 You agree that Fintech Galaxy shall not be liable for any damages arising from any such interruption, suspension or termination of the Website.

7. INTELLECTUAL PROPERTY RIGHT

   7.1 We grant you a non-exclusive, non-transferrable, revocable, limited right to use the Website as set out in these Terms, provided that you DO NOT (a) reverse engineer, reverse assemble, reduce to any electronic medium or machine-readable form and/or attempt to discover source code for all or any part of the Website or any component thereof; (b) copy, duplicate, frame, download, print, display, transmit, create derivative works from, frame, mirror, republish, translate, distribute, sell, resell, lease, rent, loan or otherwise make available all or any portion of the Website or any content or component thereof in any form or media or by any means for any purpose; (c) modify or attempt to modify the website in any manner or form, except that you have the right to modify Your Information. This Website or any portion of it may not be exploited for any commercial purpose without our express written consent. You shall use the Website solely for its intended purposes and shall not use it for the benefit of any third party except as specifically granted under these Terms.
   
   7.2 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 these Terms 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 Fintech Galaxy, you shall be deemed to be the sole owner of all content entered into your account on the Website or otherwise posted by you; and (ii) Fintech Galaxy is the sole owner of the name "Fintech Galaxy" as well as the Website, 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 Fintech Galaxy regarding the Website shall, upon submission to Fintech Galaxy, be owned solely and exclusively by Fintech Galaxy. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website 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 Fintech Galaxy.
   
   7.3 In exchange for your use of the Website, you hereby grant to Fintech Galaxy 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 Fintech Galaxy, 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 Fintech Galaxy performing the Services described herein. Finally, you irrevocably waive, and cause to be waived, against Fintech Galaxy and its users any claims and assertions of any of your rights or attribution with respect to your content. Fintech Galaxy shall be entitled to display advertising and/or any other content at locations of its choosing within the Website, including without limitation adjacent to your content.

8. THIRD PARTY WEBSITE LINKS

   Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Inclusion of such links should not be interpreted as sponsorship, endorsement or approval by us of those linked websites or information you may obtain from them. We have no control over those websites or resources. 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. Fintech Galaxy 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.

9. INDEMNITY

   You agree to defend, indemnify and hold harmless Fintech Galaxy 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, Your information, or from any breach by you of these Terms, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation.

10. FORCE MAJEURE

    Fintech Galaxy 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.

11. TERM AND TERMINATION

    12.1 These Terms shall be binding until Fintech Galaxy electing to terminate or suspend your access to the Website account, at any time and with or without reason or notice. For purposes of clarity, you are entitled to terminate your Fintech Galaxy account at any time. Fintech Galaxy reserves the right to modify, suspend, or discontinue the services or access to the Website without any notice at any time and without any liability to you.
    
    12.2 Fintech Galaxy shall not be responsible for the return of any content of any kind to you upon any termination of these Terms or suspension of your access to the Website. 12.3 All provisions which by their nature should survive to give effect to those provisions shall survive the termination of these Terms.

12. MISCELLANEOUS

    13.1 No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
    
    13.2 If any of these Terms is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of these Terms are 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.
    
    13.3 Only you and us shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.
    
    13.4 These Terms are governed by and shall be construed in accordance with the laws of the Dubai International Financial Centre. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the Dubai International Financial Centre (DIFC) Courts, including the DIFC small claims tribunal, where such tribunal has specific jurisdiction for such claim.

Fintech Galaxy reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the Terms, effective with or without prior notice. Your continued use of the Website following any revision to these Terms 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 info@fintech-galaxy.com.