Effective Date: November 18, 2024
Hello there! We are Smart Gate Innovations Limited.
Smart Gate Innovations Limited., (hereinafter referred to as “SGi”) and its worldwide affiliates and subsidiaries;
(collectively “SGi”, “us”, “we”, “our”) is a global provider of cloud communications that offers various services. For our business and residential customers, we offer a complete and fully-configured unified communications solutions & products for the delivery of end-to-end communications via voice, video, text, mobile applications, and collaboration tools.
These Terms of Use (“Terms”) govern all SGi websites and is a contract between you and SGi. By accessing, visiting, or using SGi websites, you agree to these Terms. Please read them carefully. If you do not accept these Terms, do not use any of SGi websites. ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THIS CONTRACT IN ITS ENTIRETY, INCLUDING THE ARBITRATION PROVISION BELOW.
SGi may modify all or any part of these Terms from time to time without notice to you; you should check back often so you are aware of your current rights and responsibilities. Your continued use of the SGi websites after changes to the Terms have been published means you accept the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately stop all use of the SGi websites.
“SGi” includes Smart Gate Innovations Limited and all its subsidiaries.
“SGi websites” include: https://smartgatein.com/“
We own the intellectual property rights in all text, images, software or other content available on the SGi websites or we have obtained applicable rights to such text, images, software or other content from applicable third parties who own the content. You may not redistribute or copy any part of the SGi websites without our prior written consent. However, we give you permission to view, copy, print, and distribute material on the SGi websites subject to the following conditions:
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
The SGi name, trademarks, logos, product and service names, designs, slogans, service marks, and all related names (the “marks”) are trademarks of SGi or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the SGi websites are the trademarks of their respective owners.
To access some resources on the SGi websites, you may be asked to provide certain registration details to create and maintain an account. You confirm you: (1) will only submit information that is correct, current, and complete and will keep it up to date; and (2) will comply with these Terms. Don’t use a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We can reject or disable any user name/identifier in our sole discretion.
You are responsible for keeping your account and password confidential and for all activity that occurs on your account. You agree to notify us immediately of any unauthorized access or use of your account or password. Use caution when accessing your account from a public or shared computer or public Wi-Fi, so that others are not able to view or record your password or other personal information. We will not be liable for any loss you incur as a result of someone else using your account and password with or without your permission.
We do not accept or consider unsolicited ideas, including ideas for new promotions, new products or technologies, processes, materials, marketing plans or new product names (“contributions”). We do not want to create any misunderstandings or disputes if our products or strategies seem similar to ideas submitted to us.
In connection with unsolicited contributions you may submit to us, you agree that the contributions will not be confidential and that no fiduciary relationship is intended or created between you and us, and that you have no expectation of review, compensation, or consideration of any type. We are not responsible or liable to any third-party for the content or accuracy of contributions provided by you.
We use reasonable efforts to include accurate, complete, and current information on the SGi websites for general information purposes. However, we do not warrant that the content or features on the SGi websites are accurate, complete, current, useful, uninterrupted, free of technical or typographical errors, that any errors will be corrected, or that your use of the SGi websites will provide specific results. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any content contained within the SGi websites without prior notice.
Access to, and use of, the SGi websites and the content is at your own risk. We have provided links to certain third-party websites solely for your convenience, but we are not responsible for the content of any third-party websites and do not endorse those websites. If you navigate to a third-party website from any of the SGi websites, we encourage you to review and become familiar with the third-party’s privacy policies and terms. You should take appropriate precautions to ensure that whatever websites and content you select for your use or view is free of destructive items, such as viruses, worms, malware, Trojan horses, and other items of a destructive nature.
THE SGI WEBSITES AND ALL CONTENT, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
EXCEPT WHERE PROHIBITED BY LAW, NEITHER SGI NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SGI WEBSITES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SGI WEBSITES OR ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, DIRECTLY OR INDIRECTLY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, SGI IS FOUND TO BE LIABLE TO YOU FOR ANY CLAIM, DAMAGE, OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SGI WEBSITES OR ANY CONTENT, MATERIALS, OR INFORMATION, SGI’S LIABILITY SHALL IN NO EVENT EXCEED U.S. $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You must comply with all applicable local, state, national and international laws and regulations when you use the SGi websites. Any attempt by anyone to deliberately damage, attack, disable, overburden, or impair the SGi websites is a violation of criminal and civil laws. We reserve the right to seek damages from anyone doing so to the fullest extent permitted by law.
You also will not post or transmit through the SGi websites any material or content that violates or infringes in any way the rights of others, solicits, encourages or promotes the use of illegal substances or activities, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.
SGi is under no obligation to monitor the content of the SGi websites (or any server used in connection with these websites). However, anyone using the SGi websites agrees that we may monitor the SGi websites (and any server used in connection with the SGi websites) to: (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly; and (3) to protect ourselves. We reserve the right in our sole discretion to modify, reject, or eliminate any material submitted to, posted on or transmitted on the SGi websites that we find to be in violation of these Terms. You are solely responsible for any information you submit, post, or transmit on the SGi websites.
SGi’s Privacy Notice, including our Cookie Notice, applies to the use of the SGi websites and is made part of these Terms by this reference. We encourage you to read our Privacy Notice here.
We make no representation that all products and services are available worldwide. We reserve the right to limit, in our sole discretion, the provision and quantity of any product or service to any person or geographic area. If you choose to access SGi websites ; use SGi services & products ; you do so on your own initiative and you are solely responsible for complying with the applicable laws of where you are located .
In the event any dispute, controversy or claim relating to, arising out of, or in any way in connection with our Terms , our Services or Products ( a “Dispute” ) , you and SGi (each a "Disputing Party" and together the "Disputing Parties") may serve a notice (a "Dispute Notice") on the other Disputing Party stating that a Dispute has arisen.
If the Dispute has not been resolved within sixty (60) days of the Dispute Notice having been served then any Disputing Party may, to the extent permitted under the laws of the UAE as applied in RAK-ICC, refer the Dispute to arbitration .
To the extent permitted by the laws of UAE as applied in RAK-ICC, any Dispute shall be referred to and finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules and the following provisions :
The laws of UAE as applied in RAK-ICC govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between SGi and you, without regard to conflict of law provisions.
THESE TERMS ALSO LIMIT THE TIME YOU HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any Dispute (except for the Excluded Disputes defined below) we and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a Claim (including commencing an arbitration) within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
To file a notice of infringement with us, please provide the following information :