Your attention is drawn in particular to paragraphs 7j) and 8b) below, which provide that at the end of the relevant (1, 6 or twelve month) membership period for the Website, your membership will automatically renew for the same period, and a further recurring payment for the relevant membership fee will automatically be charged to your credit or debit card. You may give notice to cancel your membership at any time but such cancellation will only take effect at the end of the then current membership period, you will continue to be entitled to use the Website during such period and no refunds of membership fees will be made in the event of your cancellation of your subscription to the Website.
1. ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website and the Services, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website or the Services are unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
3. YOUR OBLIGATIONS AND REPRESENTATIONS
(a) You may use the Website only for lawful purposes and not for anything that is unlawful or prohibited by these Terms and Conditions or notices elsewhere on the Website.
(b) The Company advises that you seek professional advice before relying on any information on the Website.
(c) You acknowledge that Maraam.io will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of the United Arab Emirates.
(c) You confirm that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the Website in any way that violates any applicable local or international law or regulation (this agreement is void where prohibited by law and the right to access the Services is revoked in such jurisdictions); (iii) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; (iv) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website; (v) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy; (vi) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (vii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company and the Company may revoke such permission at any time in its sole discretion; (viii) you will not do any of the following: i. defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others; ii. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information; iii. upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents; iv. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services; v. run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure; vi. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; vii. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; viii. falsify the origin or source of software or other material contained in a file that is uploaded; ix. advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or x. download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner, (ix) you will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services, and (x) you will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
4. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information including, but not limited to, any errors or omissions in any Content and information, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. Any reliance you place on such information is strictly at your own risk. The Website includes Content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
6. SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
8. CHARGES AND PAYMENT
a) Charges are linked to the membership package to which you subscribe, as set out in http://www.Maraam.io/plans, or the free-trial terms as deemed by the Company. b) Payment for all charges are payable upon registration or the relevant periodic payment date and, subject to paragraph 23c) below, you hereby expressly consent to such payment recurring without any action on your part at the end of each membership period so that the relevant charge for the next membership period will automatically be charged to your chosen credit or debit card. We accept payments online using Visa and MasterCard credit/debit cards in USD (we will not store your card details which will be sent directly by us to our third-party payment partner Payfort to process your payment). c) Payment may only be made by users via the Website and through any other mechanism including, without limitation, any mobile applications offered by the Company. d) If you make a payment for our products or Services on our Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. e) Your membership package may start with a free trial. The Company reserves the right, in its absolute discretion, to (i) determine your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and with no liability. (ii) cancel your membership if you fail to provide a valid payment service, and (iii) present you with the option to purchase additional Services that are not included in your initial account fee. f) You must retain a copy of transaction records and Merchant policies and rules. g) Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
9. DEALINGS WITH THIRD PARTIES
a) The Company is not an agent of any third party or any party named or linked to the Website ("Third Parties") and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties. b) You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of the Website. If you decide to access any Third Party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party websites.
10. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. The Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content standards set out in these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE WEBSITE BY YOU.
14. EQUITABLE RELIEF
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause the Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and the Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the Company may be entitled at law or in equity.
15. GOVERNING LAW AND VENUE
Any dispute or claim arising out of or in connection with the Site shall be governed and construed in accordance with the laws of the United Arab Emirates. The United Arab Emirates is the Company’s country of domicile.
You agree and accept that any legal action or proceedings shall be brought in the courts of the United Arab Emirates and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens.
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
17. WAIVER AND AMENDMENT
If the Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by the Company of any default will constitute a waiver of any subsequent default, and no waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. GEOGRAPHIC RESTRICTIONS
By downloading or using any Service Functionality, you represent and warrant that you are not located in, under the control of, or a national or resident of any country in which it is prohibited to do so. Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in any particular location, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
19. FUTURE BUSINESS TRANSACTIONS
As we continue to develop our business, we might undergo a change of ownership such as a merger and/or a sale of all or substantially all our stock or assets. In such transactions, user information generally is one of the transferred business assets, and by submitting any data or contributions (collectively, “Data”) to us, you agree that such Data may be transferred to such parties in these circumstances. However, any party purchasing our assets will be subject to an obligation to maintain the integrity of your personally identifiable information.
20. COMPLETE UNDERSTANDING
This Policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
21. NO PARTNERSHIP OR JOINT VENTURE
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
22. YOUR COMMENTS AND CONCERNS
If you have any questions, please contact us via email at info@Maraam.io.
a) Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if: i. It does not receive timely payment under your subscription; ii. It reasonably believes that you have breached any of these Terms and Conditions; iii. It is unable to verify the accuracy or validity of any information provided by you; iv. Or it suspects fraudulent, abusive or illegal activity by you (the Company reserves the right to resume access to the Website and Services once all payments due on your account have been made in full and any of the foregoing matters have been resolved to the Company’s satisfaction). b) Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website. c) You may cancel your membership at any time through the user interface on the Website. Cancellation will take effect from the date of the commencement of the next payment period and you will continue to be entitled to use the Website until such date and will not be entitled to a refund for any membership fee already paid. d) In the event that transaction error has occurred while making the payment , a refund in most cases will be issued to the same credit card you used for the original purchase.
a) Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, the Company will try, wherever possible, to give reasonable notice of the Company's intention to do so. b) The Company reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by the Company to be contrary to these Terms and Conditions. The Company has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services. c) If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision. d) If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. e) Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions. f) Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it. g) You must report any violations of these Terms and Conditions to info@Maraam.io