TERMS AND CONDITIONS
Effective date: 05/03/2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR PLATFORM.
Mughamar UAE, a company incorporated under the laws of the Sharjah Research Technology and Innovation Park with its registered office (“Company”, “Us”, “We” or “Our”) operates a website called Mughamer.com https://www.mughamer.com/ (“Platform”) which is engaged in providing the service of connecting vendors who are in the business of selling products and recreational activities (“Service Provider(s)”) and end users who wish to view the information regarding such products and recreational activities and/or purchase or/and participate in them (“End Users”).
Our Platform is primarily for (i) the Service Providers who are enlisted on our Platform and (ii) the end users who want to access the information made available on our Platform by such Service Providers or by us. By using and signing up on this Platform, You acknowledge and confirm that you are 18 years of age or older. The Service Providers and end users hereinafter are individually and collectively, as the context may require, referred to as “You”. As the context may so require, the term "User(s)", for the purposes of these Terms, shall be read as the end users, Service Provider(s) and/or You.
WE URGE YOU TO PRACTISE CAUTION PRIOR TO UPLOADING, SUBMITTING OR EMBEDDING CONTENT. THESE TERMS PERMIT YOU TO UPLOAD, SUBMIT OR EMBED ON THE PLATFORM, PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY. IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH SUCH CONTENT OR PHOTOS TO THE PLATFORM AND YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY TAKES NO LIABILITY FOR THE SAME WHATSOEVER.
Use of the Platform is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of these Terms, as far as age, jurisdiction, laws of land, etc. are concerned and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform.
These Terms shall remain in full force and effect while you use the Platform or are a User on the Platform. The Company may terminate your use of the Platform, at its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you. Upon such termination of agreement, the User shall be stopped from using the Platform and all content shall remain to be the property of Company.
3. LICENSE TO USE
3.1 The Company hereby grants the Service Provider, the limited right to access, view and use the Platform for the purposes of accessing, viewing, and posting its content. Company reserves the right to suspend or deny, in its sole discretion, the Service Providers access to all or any portion of the Platform.
3.2 Further, the Company grants the End Users, the limited right to access, view and use the Platform only for the purposes of accessing and viewing the content provided by the Service Providers. Company reserves the right to suspend or deny, in its sole discretion, an End Users access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by the End Users.
3.3 Any rights not expressly granted to You herein are reserved to Company.
4. USER CONTENT.
The Company does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User Content") that you upload to, submit to, or embed on the Platform; expect content created in collaboration with the Company for its own events/ perusal. In such cases, the same will be specified while creating the content in question.
You represent and warrant that you own the User Content posted by you on or through the Platform, or that you otherwise have sufficient right, title and interest in and to such User Content to grant the Company the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Platform. The Company shall not be liable for any violation of copyright or any other Intellectual Property or other rights being violated in any manner whatsoever and the User posting the same shall be liable.
After posting, uploading or embedding User Content to the Platform, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Platform and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing ("Posting") any User Content on or through the Platform, you hereby grant to the Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), rearrange, and distribute your User Content through any media now known or developed in the future. Photographs posted on the Platform or in any publication will include attribution to the photographer and/or copyright holder. The Company holds the right to remove any User content posted by you on the Platform in the event that the Company finds such content to be violative, inappropriate or worthy of being removed in any manner whatsoever and shall not be held liable for the same.
You acknowledge and agree that without this license, the Company would be unable to provide use of the Platform or its services.
This license will terminate at the time you remove your User Content from the Platform except as to any User Content that the Company has sublicensed prior to your removal of your User Content from the Platform, which license shall continue in perpetuity. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Platform. We will remove the item(s) as quickly as possible.
The Company does not take liability to ensure protection of the content posted on the Platform. In the event that the User posts content on the Platform and the same is infringed by another User or any other third party, it shall not be the liability of the Company. We attempt to prevent such copying and infringement by applying standard industry protection measures but take no responsibility to further protect the content.
5. PROHIBITED CONTENT
The Company reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that the Company deems to be inappropriate:
- Content that criticizes a business or individual beyond that of merely offering an opinion;
- Content that harasses or advocates harassment of another person;
- Content that exploits people in a sexual or violent manner;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content that solicits personal information from anyone under the age of 18 years;
- Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page;
- Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Content that is owned, created or belongs to a third party and the entity posting/publishing such content has no authority to do so;
- Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
6. PROHIBITED ACTIVITY
You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Platform -
- copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third-Party Content or User Content appearing on or through the Platform;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page, or any page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
- attempting to impersonate another User, person, or representative of the Company;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, without our permission;
- using any information obtained from the Platform in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Platform on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
- using the Platform in a manner inconsistent with any and all applicable laws and regulations.
7. COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to the Company or others (including without limitation Third Party Content or other User Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. Since the Company is a content-heavy platform, owing to the content generated by the Company as well as their multiple Users, the Company takes copyright and Intellectual property/proprietary rights extremely seriously. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide us with relevant proof and we shall be happy to take corrective action accordingly.
End Users accept and acknowledge that they are only visiting the Platform to obtain information about a Service Provider and that the booking for the same is done individually, separate from the Company and hence, they shall not hold the Company liable in any manner for any issues that may arise in the future, related to such Service Provider or such booking. That the End User accepts and agrees that all transactions occurring between the End Users and the Company is not involved in the same in any manner.
In the event that a User shares their User Content with the Company for being featured on our Platform, such content and photographs shall belong to such Users and once shared with the Company, will be considered to be available for re-use and reposting by the Company.
That the Company shall make all efforts to try that the Customer’s experience is smooth and seamless, without any hassles but takes no liabilities or responsibilities to ensure the same.
9. SERVICE PROVIDER(S)
Each Service Provider accepts that they are merely listed on the Platform, through which they are able to reach out to their target End User. Each Service Provider creates their profile on the Platform and ensures to provide correct information regarding such profiles. Any misrepresentation of their identity or work shall be their liability alone and not the liability of the Company.
Service Providers accept and acknowledge that they are entering into transactions and providing services to the End User independently and the Company is in no way involved with them, apart from being a listing Platform. The Company, however, expects Vendors to maintain quality of service and make no misrepresentations whatsoever.
Service Providers shall not use any third-party photographs or content and represent these as being their own. Any such misrepresentation shall be the liability of the Service Provider alone.
As a recreational activities services aggregator, the Company has commercial dealings with certain Service Provider on its Platform. This commercial arrangement, includes but is not restricted to, providing additional visibility in return for a certain fee.
This fee doesn’t in any way guarantee any business confirmations/ bookings. The Company acts as a facilitator, helping Service Provider leverage its vast network and enabling them to reach out to more End Users.
Reviews on Service Provider profiles:
Reviews written for Service Providers on their Platform profile are a very important tool for End Users as well as Service Providers. We therefore take utmost care to uphold the integrity and credibility of reviews on our Platform.
You can report a review as being false to the Company for verification at firstname.lastname@example.org
The Company shall contact the Service Provider within a reasonable time period and ask to submit them aforementioned proof for the review. The verification case will be closed if the Service Provider fails to submit the proof within the prescribed number of days after being contacted, on a case to case basis.
If the Company receives appropriate and satisfactory proof - The review will be removed from the Service Provider’s profile at the earliest, after notification to the Service Provider and the reviewer.
Note that the Company cannot and does not verify and confirm to every statement written in the reviews on a Service Provider’s profiles. However, we maintain a fair verification process of the reviews, once reported, to ensure that reviews on the Platform are posted by genuine clients of the Service Provider and that they follow our Terms.
The Company reserves the right to disable a review of the reviewer who has been proven to not hire the Service Provider through involvement of the Company and/or the Platform, for any reason. The Company has the sole discretion to decide whether reported reviews are to be further investigated or not.
The Company prides itself in ensuring authentic and genuine reviews that can help engaged End Users make better decisions. As a platform committed to showcasing honest reviews, we request our Service Provider’s to abide by the following guidelines.
The Service Provider can ask their End Users to review their profile on the Platform and share their profile link with them and ask them to write a review or could simply ask them to share their review and rating with us on email@example.com and we will get the review uploaded on their behalf. Service Providers are strongly discouraged from practicing selective solicitation. Offering any type of compensation, getting your family/relatives/team members to write a review for the Service Provider is completely unacceptable and such reviews would be removed without any intimation.
Whether you agree with the feedback or not, we recommend you take the criticism in good stride. In cases of a negative review, we strongly suggest you reply to the review with your side of the story as it shows that you care.
10. USER DISPUTES
Users are solely responsible for their interactions with other Users (including Service Providers). The Company reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
The Company is only a listing and aggregating platform and no associations, interactions, bookings that happen on the Platform are the responsibility of the Company.
Service Provider data showcased on profiles in the form of photos, price, reviews etc., is a result of Service Providers’ inputs and those of their End Users. While the Company does take efforts to verify the claims made in the form of price, work, etc., it in no way ensures/ guarantees the displayed information to be accurate
13. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE`
Without limiting the generality of the foregoing, the Company is not responsible for any incorrect or inaccurate content posted on the Platform. User Content created and posted on the Platform may contain links to other websites. The Company is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. The Company is not responsible for the security of the third-party websites and any such websites accessed by the User is their sole liability. Such websites are in no way investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by the Company. When you access these third-party sites, you do so at your own risk. The Company takes no responsibility for third-party advertisements which are posted on the Platform, nor does it take any responsibility for the goods or services provided by its advertisers. The Company is not responsible for the conduct, whether online or offline, of any User of the Platform.
The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Platform or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Platform.
Under no circumstances shall the Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform or the services provided by a Service Provider, from any User Content posted on or through the Platform, or from the conduct of any Users of the Platform, whether online or offline. The Company cannot guarantee and does not promise any specific results from use of the Platform.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE USE OF THE PLATFORM OR ITS SERVICES FOR A PERIOD OF UPTO 1 (ONE) MONTH PRIOR TO THE DATE ON WHICH SUCH CLAIM ARISES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU.
15. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the UAE, European Union, the United States or the country in which you reside.
16. DISPUTES; CHOICE OF LAW; VENUE
If there is any dispute about or involving the Platform, you agree that the dispute shall be governed by the Abu Dhabi Global Market Rules and Regulations and the courts as prescribed by the Abu Dhabi Global Market Rules and Regulations shall have jurisdiction. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorney's fees and costs incurred by the prevailing party in connection with such action.
You agree to indemnify and hold harmless the Company, and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Platform in violation of this Agreement and/or arising from:
(i) your use of and access to the Platform;
(ii) your violation of any term of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that your User Content caused damage to a third party; or
(v) any other illegal activity performed by you. This defense and indemnification obligation will survive these Terms and your use of the the Platform.
18. WAIVER AND SEVERABILITY OF TERMS
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
19. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of these Terms to us by emailing us at firstname.lastname@example.org
The Company retains the right to modify these Terms: (a) in the event of any amendments made due to legal changes, (b) because of technical necessity, (c) in order to maintain Company operations, (d) in the event of a change in market conditions, (e) for the benefit of the User or (f) for any other reason deemed necessary, at the discretion of the Company.
No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. The Users will be informed of any amendments to the general Terms via the Platform or via notice by email.