terms and conditions

TERMS AND CONDITIONS

We operate the website https://omniki.pro/survey (the "Site"), that refer or link to these Terms and Conditions.

By continuing to access or use the Site, you acknowledge that you have read and agree to them.

You can contact us by email at welcome.survey@omniki.pro or by mail to UAE, Abu Dhabi, Masdar City Free Zone Resident, United Arab Emirates.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Omniki, concerning your access to and use of the Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. When we make material changes, we will notify you by updating the “Last Updated” date at the top of these Terms and Conditions and, where appropriate, by providing additional notice (such as by email or a notice on our website).
Your continued use of the Site after the effective date of any revised Terms and Conditions constitutes your acceptance of those changes.
We encourage you to review these Terms and Conditions periodically to stay informed about any updates.

Our Site is not directed to minors, and we do not knowingly collect personal data from individuals under 18. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

We recommend that you print a copy of these Terms and Conditions for your records.
1. USE OF SITE

The information provided when using the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Subject to your compliance with these Terms and Conditions, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Site; and
  • download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Site, Content, or Marks other than as set out in this section or elsewhere in our Terms and Conditions, please address your request to: welcome.survey@omniki.pro. If we ever grant you the permission to post, reproduce, or publicly display any part of our Site or Content, you must identify us as the owners or licensors of the Site, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and Conditions and your right to use our Site will terminate immediately.

Omniki is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your own risk. Omniki may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. All warranties, conditions or other terms express or implied as to any such linked site, including without limitation as to accuracy, ownership, validity or legality of any content of a linked site, are hereby excluded.
2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained in the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos displayed therein (the “Marks”).

Our Content and Marks are protected by applicable copyright, trademark, and unfair competition laws and international treaties.

The Content and Marks are provided through the Site “as is” for your personal, non-commercial, or internal business use only.
3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You agree to use the Site only in accordance with applicable laws and these Terms. In particular, you must not:

  • Access, extract, or collect data or content from the Site by automated means (such as bots, scrapers, or crawlers) without our prior written consent.
  • Attempt to gain unauthorized access to, interfere with, or disrupt the security, functionality, or integrity of the Site or any related systems.
  • Mislead, defraud, or impersonate any person, or otherwise act in a deceptive or unlawful manner.
  • Upload or transmit any harmful code, or otherwise use the Site in a way that could damage or impair any part of our systems or data.
  • Harass, abuse, or threaten any person through or in connection with the Site.
  • Use the Site to send unsolicited communications, advertising, or spam.
  • Use the Site for any unlawful, commercial, or competitive purpose, or in any way that infringes intellectual property or privacy rights of others.

We reserve the right to suspend or terminate access to the Site if you engage in any prohibited activity.
5. PRIVACY POLICY

We care about your privacy and data security. Your use of the Site is subject to our Privacy Policy, which is available at https://omniki.pro/privacy_policy.

Our Site is developed and hosted using third-party web infrastructure providers. Personal data submitted through website forms (such as contact forms, requests, or other forms) may be stored and processed using secure cloud-based services, including integration with tools such as Google Analytics 4, Google Tag Manager, Microsoft Clarity, Gmail, Google Sheets, and Pipedrive.

We use these analytics and communication tools to understand how users interact with our Site, improve functionality, and manage client relationships. These providers may process data in multiple jurisdictions outside the European Economic Area (EEA), including where our service providers operate.

All such processing is carried out in accordance with applicable data protection laws - including the UAE Federal Decree-Law No. 45 of 2021 (PDPL), Indonesia Law No. 27 of 2022 (PDP Law), and the EU General Data Protection Regulation (GDPR) - and is subject to contractual and technical safeguards designed to ensure adequate protection of personal data.
6. TERM AND TERMINATION

These Terms and Conditions remain in effect while you access or use the Site.

We may suspend or terminate your access to the Site if we reasonably believe that you have violated these Terms and Conditions, applicable law, or engaged in activity that could harm the Site or other users.

Where reasonably possible, we will provide prior notice of suspension or termination and an opportunity to address the issue. However, we may act immediately without notice if continued access would create risk or violate the law.

Upon termination, your right to use the Site will cease, and we may deactivate or delete related information in accordance with our Privacy Policy and applicable data-retention laws.

We also reserve the right to pursue appropriate legal remedies for serious or unlawful violations.
7. MODIFICATIONS AND INTERRUPTIONS

We may update, modify, or discontinue parts of the Site from time to time to improve functionality, ensure security, or comply with applicable laws.

While we strive to maintain continuous availability, the Site may be temporarily unavailable due to maintenance, technical issues, or other operational reasons. We will use reasonable efforts to notify users of any major interruptions or significant changes in advance, when practicable.

We are not liable for any temporary unavailability or modifications of the Site, except as required by applicable law. Nothing in these Terms obligates us to maintain, support, or provide updates beyond what is reasonably necessary for secure and lawful operation of the Site.
8. GOVERNING LAW AND DISPUTE RESOLUTIONS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates.

For users in other countries, mandatory local user protection and data privacy rights shall apply to the extent legally required.

Any disputes shall be subject to the jurisdiction of the competent courts of the United Arab Emirates, unless local law requires otherwise.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, the Parties to these Terms and Conditions agree to first attempt to resolve any dispute informally for at least 30 days before initiating formal legal action. Such informal negotiations will commence upon written notice from one Party to the other.
9. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
10. DISCLAIMER

The Site is provided on an "as-is" and "as-available" basis. Your use of the Site is at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties about the accuracy or completeness of the content and will not be liable for any: (1) errors or inaccuracies of content; (2) personal injury or property damage resulting from your use of the Site; (3) unauthorized access to or use of our secure servers; (4) interruption or cessation of transmission; (5) bugs, viruses, or similar harmful code transmitted by any third party; or (6) any errors or omissions in content.
We do not endorse or guarantee any product or service offered by a third party through the Site.
11. LIMITATIONS OF LIABILITY

To the extent permitted by applicable law, in no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
12. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing Site performance. While we perform regular backups, you are primarily responsible for all data that you transmit or that relates to your activity on the Site.

You agree that, to the extent permitted by law, we shall have no liability to you for any loss or corruption of such data, provided that such loss or corruption was not caused by our willful misconduct or gross negligence.
14. MISCELLANEOUS

These Terms and Conditions and any policies posted on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right shall not operate as a waiver of that right.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
15. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Omniki -
OMNK Limited
UAE, Abu Dhabi, Masdar City Free Zone Resident
__________
United Arab Emirates
welcome.survey@omniki.pro

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