Terms and Conditions
Last Updated: 23 March 2023
Welcome to Maharat FZ-LLC (“Maharat”), a limited liability company duly registered with the Media Zone Authority.
By visiting Our website maharat.com or any subdomains in relation to the website (the “Website”), Our mobile applications that will be launched soon (“Apps”), and any application and technology We make available (collectively the Website, and the Apps, are referred to the “Platforms”), and/or use any Service offered on the Platforms, whether as a guest, a registered user, and/or a User and by accessing Our Platforms, You indicate that You accept these Terms and that You agree to abide by them. If You do not agree to these Terms, please do not access Our Platforms.
Users agree and are aware that Maharat will only account for Users’ details, information, and order instructions that are provided on the Platforms when placing an order. Maharat is not liable to account for User information and details that are provided outside the Platforms including, Maharat’s Website and other communication channels including but not limited to mobile and email conversations.
We reserve the right to update, change or replace any part of the Terms by posting updates and changes to the Platforms. It is Your responsibility to check the Terms periodically for changes. Your continued use of or access to the Platforms following the posting of any changes constitutes acceptance of those changes.
When You agree to these Terms and accept this Agreement, You do so on behalf of Yourself and any person that You entitle or authorize to use Maharat’s account to the extent provided in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.
Instructor: means a knowledgeable and experienced person such as a celebrity who conducts classes or provides educational or other content in any shape or form through Maharat.
Service(s): means the educational content provided through the Platform, which includes both transactional video-on-demand and subscription video-on-demand pricing models, available for users to access.
User: means registered users referred to individuals who have registered an account with Maharat, whether they paid for the Services or not.
2. Using the Platforms on Behalf of Another.
If You seek to use the Services on behalf of another, whether a natural person (“Individual”) or legal non-natural person or entity (“Organization”), You must obtain prior written authorization from Maharat, stating the specific reasons why such use is necessary. Maharat may in its sole discretion grant or deny such authorization, and any such authorization will be subject to such terms and conditions as Maharat may require in writing. Absent such authorization, You are prohibited from using the Services on behalf of another.
In the event where Maharat grants such authorization, You represent and warrant that You (1) are duly authorized and empowered by and for that Individual or Organization to agree to these Terms and accept this Agreement on behalf of the Individual or Organization, and (2) do accept this Agreement on behalf of the Individual or Organization; unless the Individual or Organization has a separate paid contract with Maharat, in which event the terms of that separate paid contract will control. You also represent and warrant that You are duly authorized and empowered to use the Services on behalf of the Individual or Organization.
3. The Platform Description.
The Platforms operate under the name of Maharat. The Platforms act as a Disclosed Agent (the “Disclosed Agent”), and intermediary between the Instructor and User, and the Services offered directly to the User.
By creating an account and registering to the Platforms (“Membership”), You are a User requesting to purchase Services. Users can access Our Platforms, purchase any of the Services and pay online through the Platforms.
Maharat reserves the right, from time to time, to: update the Platforms; and make new applications, tools, features, or functionalities available through the Platforms, the use of which may be contingent upon Your agreement to additional Terms and Service fees. Maharat reserves the right to discontinue the Services, or the Platforms, or certain applications, tools, features, or functionalities of the Platforms, for any reason at any time, in Maharat’s sole discretion, without any liability to You.
4. What You Represent
You represent and warrant that: (a) all Users are at least 13 years of age; (b) You have not previously been suspended or removed from the Services and/or the Platforms; and (c) You will provide any and all documentation as requested by Maharat, included as needed to verify Your identity and Your creditworthiness.
You understand and agree that Users under the age of 13 years are not eligible to and may not use the Services without parental supervision.
You also agree to represent Yourself honestly, that all of the information You provide is true, correct, and current, to the best of Your knowledge, and that You have the necessary rights, power, and authority, to agree to these Terms and to perform the acts required of You by this Agreement.
5. Use of the Platforms.
The Services and any content viewed through Our Service, is solely for Your personal and non-commercial use. With Your purchase, We grant You a limited, non-exclusive, non-transferable, license to access the Services, view classes, and any other content that may be included on the Platform by Maharat, through the Service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title, or interest shall be transferred to You. You agree not to use the Service for public performances. Maharat may revoke Your license at any time at its sole discretion. Upon such revocation, You must promptly destroy all content obtained through the Service, as well as copies of such materials, whether made in accordance with these Terms.
By visiting the Platforms and/or purchasing any Service and/or offering any Services through the Platforms, You agree that:
- You will not use Our Platforms for any illegal or unauthorized purpose nor may You, in the use of the Platforms, violate any laws in Your jurisdiction (including but not limited to copyright laws).
- You will not transmit any worms or viruses or any code of a destructive nature.
- You will not reproduce, duplicate, copy, sell, resell, or exploit any portion, use, or access to the Platforms or any contact on the Platforms, without Our prior written permission.
- Users will provide Us with, including but not limited to, first name, last name, date of birth (optional), phone number, email address, address details, gender (optional), and credit/debit card details on the checkout page as set out in these Terms (“User Data”).
6. Account Creation and Login Credentials
User Account Creation and Login Credentials: To use the Services and/or Platforms, You may be required to enroll as a User and create an account (“User Account”). To enroll as a User, You will be required to provide Us with information about Yourself, including but not limited to Your User Data as defined in these Terms under section 5 (d). You agree that the information You provide to Us will be accurate and that You will keep it up-to-date at all times. Users are solely responsible for maintaining the confidentiality of their login credentials (“User Login Credentials”), and to the extent allowed by law, You accept responsibility for all activities on Your account authenticated through User Login Credentials, whether authorized or not. Each User agrees to keep User Login Credentials confidential and secure, and Users will not give or make User Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that in accordance with clause 2, and after obtaining a written authorization from Maharat, stating the specific reasons why allowing such use is necessary, Users allow, whether through action or inaction, a person to gain access to User Login Credentials, with or without permission, the User is authorizing that person to use the User Account, and You will be responsible for all transactions/activities that result from such access, even if You did not want the transactions/activities to be performed, and even if they are unauthorized or fraudulent.
Lost, Stolen or Compromised Account or Login Credentials. You agree to immediately notify Maharat’s customer support through e-mail: [email protected] if You believe that Your User Account has been: compromised or accessed without authorization, Login Credentials lost, stolen, or compromised, or that someone has attempted or may attempt to make or request payments through User Account without authorization.
To the extent allowed by law, You agree to be bound by all payment instructions or transactions initiated in compliance with Maharat’s security procedures and this Agreement, whether or not authorized. You agree that You will be liable for all losses or payments resulting from the theft, loss, compromise, or unauthorized use of Your account or Login Credentials, unless (1) You have notified Maharat of possible theft, loss, compromise, or unauthorized use, and (2) We have had a reasonable opportunity to act on that notice. You will also be responsible for any losses or unauthorized payments resulting from any fraudulent or illegal compromise of Your systems. You agree that You will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless limited by law. Upon Your timely report, We may, in Our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments or transfers on Your behalf, but Maharat will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.
7. Prohibited Uses.
In addition to other prohibitions as set forth in these Terms, You are prohibited from using the Platforms: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate Our Intellectual Property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platforms or the internet (h) to collect or track the personal information of others, (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose and (k) to interfere with or circumvent the security features of the Platforms, other websites, or the internet. We reserve the right to terminate Your use of the Platforms or any related services for violating any of the prohibited uses.
8. Accuracy, Completeness, and Timeliness of Information.
We are not responsible if any information made available on the Platforms is not accurate, complete, or current. The material on the Platforms is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Platforms is at Your own risk.
The Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the Platforms at any time, but We have no obligation to update any information on the Platforms. You agree that it is Your responsibility to monitor changes to the Platforms.
We reserve the right, but are not obligated to, limit the sales of the Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of the Services, including pricing are subject to change at any-time without notice, at Our sole discretion. We reserve the right to discontinue any Service at any time. Any offer for any Service made on the Platforms is void where prohibited. We do not warrant that the quality of any Services purchased or obtained by You will meet Your expectations.
9. For User only: Payment and Billing Information.
- 1.Payment. The Services provided are charged based on the following conditions: (a) the access to the Platforms, or to certain features of the Platforms, may require the User to pay certain fees (individually and collectively, (“Service Fees”), including but not limited to transaction fees, payment processing fees, and other special services fees. You, as a User, agree to pay when due all Service Fees applicable to Your purchase of the Services. The Payment is exclusively made through the Website. You agree that You are responsible for the full amount of applicable Service Fees for each billing transaction; (b) when purchasing a Service with a fee, You have an opportunity to review and accept the Service Fees to be charged; Service Fees may change from time to time and will be updated on the Platforms. Maharat may choose to temporarily change the Service Fees for promotional events, or introduce new services; such changes are effective when We post the temporary promotional event or new service on the Platforms or inform the Users; (c) You, as a User, authorize to use the credit or debit card You have provided to Us (as updated from time to time) to automatically charge You in the currency that You have selected in Your first payment for the Service Fees applicable to your purchase of the Services. You will also be able to process payments in international currencies but You will bear the currency conversion rates and fees applicable accordingly.
If You select a Service with an auto renewal feature (“Recurring Subscription”), You authorize Maharat to maintain Your account information and charge that account automatically upon the renewal of the Service You choose with no further action required by You. In the event that Maharat is unable to charge Your account as authorized by You when You enrolled in a Recurring Subscription, Maharat, may, in its sole discretion: (i) bill You for Your Service and suspend Your access to the Service until payment is received, and/or (ii) seek to update Your account information through third party sources (i.e., Your bank or a payment processor) to continue charging Your account as authorized by You.
Maharat may change the price for Recurring Subscriptions from time to time by updating the Terms on Our Website. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, You accept the new price by continuing to use Your Recurring Subscription after the price change takes effect. If You do not agree with the price changes, You have the right to reject the change by cancelling Your Recurring Subscription before the price change goes into effect. Please therefore make sure You constantly read the Terms updated by visiting Our Website, for such price changes.
Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if You cancel Your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to Us. Following any cancellation, however, You will continue to have access to the Service through the end of Your current subscription period. At any time, and for any reason, We may provide a refund, discount, or other consideration to some or all of Our Users (“Credits”). The amount and form of such Credits, and the decision to provide them, are at Our sole and absolute discretion. The provision of Credits in one instance does not entitle You to Credits in the future for similar instances, nor does it obligate Us to provide Credits in the future, under any circumstance.
- 2.Price and Taxes. The Services purchased on the Platforms are subject to VAT and prices are exclusive of VAT as well. The price of the Services is as stipulated at all times on the Platforms, except in the case of an obvious error. Although We make every effort to ensure that the prices featured on the Platforms are correct and accurate, an error may occur.
- 3.Payment Gateway. You agree and guarantee that: (a) You will not use the Payment Gateway for money-laundering, and You will report any suspicious activity or parties knowingly engaged in money-laundering, (b) that Your use complies with all laws and regulations in Your jurisdiction, (c) that all usage is in compliance with the Payment Gateway’s terms and policies and (d) that Maharat will ask you to provide the following payment details: Your card number, Your CVV and the expiration date of Your card upon checkout.
- 4.Use of Credit Card. To minimize the risk of non-authorized access, Your credit card details will be encrypted. Once We receive Your request, We may request a pre-authorization on Your card to ensure that there are sufficient funds to complete the transaction. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver the Service and We will be unable to conclude any contract with You. Visa or MasterCard debit and credit cards in your local currency will be accepted for payment. Please note that Instructors will not have access to any Credit/Debit Card information provided by Users under no circumstances.
- 5.Updating Your Account. You agree to provide current, complete, and accurate purchase and account information for all purchases made on Our Platforms. You agree to promptly update Your account and other information so that we can complete Your transactions and contact You as needed.
- 6.Restrictions on Use. We reserve the right to refuse any request for any Service You place with Us. We may, in Our sole discretion, limit or cancel the Services requested by any customer. These restrictions may include paid Services placed by or under the same customer account, the same credit card, and/or requests that use the same email address and/or the same mobile number. In the event that We make a change to or cancel any Service, We may attempt to notify You by contacting the e-mail address and/or the mobile number provided at the time the Service was requested. We reserve the right to limit or prohibit the requested Services that, in Our sole judgment, appear to be placed by dealers, resellers, or distributors.
10. Refund and Cancellation Policy.
Once You have agreed to the Terms and Your request for the Services has been accepted and the Services have been completed, there are no refunds.
The User will not be able to cancel or amend orders made by them on their own. In the event the User chooses to cancel an order or amend order details due to double booking and/or operational issues, the User shall have to contact Maharat via email or phone number. Hence, Maharat will review the case and take necessary action towards the issue.
The Users shall cancel orders on their own via the Platforms up to twenty-four (24) hours prior to the purchase.
In the event the User would like to cancel upcoming orders within the twenty-four (24) hours timeframe or amend any upcoming order, the User will have to contact Maharat via the Platforms chat feature.
An order is not considered cancelled or amended until it is confirmed by Maharat. Maharat reserves the right to respond to any order within Maharat’s operational hours as agreed upon by the company.
Kindly note that Users will not be charged a cancellation fee irrespective of the Order’s cancellation time.
Maharat reserves the right to update the Refund and Cancellation Policy at any time and at its own discretion.
If You purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Maharat. Except as otherwise explicitly stated by Maharat, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Maharat will have no refund obligations. Maharat disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.
[If You subscribed via iTunes on Your Apple mobile device, You can cancel by going to Your Account Settings in the App Store. You can find subscriptions in the settings app on Your device under iTunes & App Store, and then select Your Apple ID. If You subscribed on Our Website, You can cancel by contacting support at [EMAIL].
If You subscribed via the Google Play Store on Your Android mobile device, You can cancel by opening the Google Play Store and selecting Menu Subscription. You can select the subscription You want to cancel or update and then follow the onscreen instructions.]
If you subscribed on Our website, You can cancel by contacting support at [email protected] or by going to Subscriptions in Your Account and selecting Cancel Subscription
11. Correct Errors.
In the event any error occurred when entering User Data, You can modify such error by contacting Our customer service via [email protected] or directly through one of Our Platforms as applicable.
User’s section: In case You are purchasing any Services and if You detect an error in Your request after the completion of the Services’ payment process, You should immediately contact Maharat via the chat feature or email to correct the error.
12. Third-Party Links.
Certain content and services available via Our Platforms may include materials from third-parties.
Third-party links on the Platforms may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. User Comments, Feedback, and other Submissions.
If, at Our request, Users send certain specific submissions (for example contest entries) or without a request from Us, Users send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), Users agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments Users forward to Us. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
The feedbacks and Comments on the Platforms must not be used to promote any commercial or business activity nor to arrange a transaction outside the scope of the Platforms or otherwise seek any sales commission. Any feedbacks, images, messages, or listings must always relate to a specific Service and not contain any contact details, including but not limited to, email addresses, phone numbers, and web addresses. However, kindly note that Users can only rate orders and provide feedbacks upon the Service’s completion.
Users agree that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Users further agree that their comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related to the Platforms. Users may not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead Us or third-parties as to the origin of any comments. Users are solely responsible for any comments they make and their accuracy. We take no responsibility and assume no liability for any comments posted by Users or any third-party.
14. Intellectual Property.
These Platforms contain material which is owned by or licensed to Maharat. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. The Platforms may be used only by You, and You may not rent, lease, lend, sub-license, or transfer the Platforms or any data residing on it or any of Your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Platforms. You may not transfer to or store any data residing or exchanged over the Platforms to any electronic network for use by more than one user unless You obtain prior written permission from Maharat. Except as otherwise expressly provided, You shall not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license, or create derivate works from any content contained in the Platforms. The use of the Platform’s content on any other Platforms or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the coding that Maharat creates to generate its pages. You shall not upload, post or otherwise make available on the Platforms any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Maharat does not have any express burden or responsibility to provide You with indications, markings, or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. Subject to any third-party rights in any preexisting content included within Your user content, you retain ownership of any rights You may have in Your user content and submitting Your user content to the Platforms does not transfer ownership of your rights. You hereby grant Maharat an unrestricted, assignable, sub licensable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from external sites, and otherwise exploit and use all or any part of all user content (“User Content”) You post to or through the Platforms by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Maharat and the Services; (ii) displaying and sharing Your User Content to other users of the Service; and (iii) providing the Service as authorized by these Terms. You acknowledge that We may not always identify paid services, sponsored content, or commercial communications as such. You further grant Maharat a royalty-free license to use Your user’s name, image, voice, and likeness to identify You as the source of any of Your User Content. You must not post any User Content on or through the Platforms or transmit to Maharat any User Content that You consider to be confidential or proprietary. Any User Content posted by You to or through the Platforms or transmitted to Maharat will be considered non-confidential and non-proprietary, and treated as such by Maharat, and may be used by Maharat in accordance with this Agreement without notice to You and without any liability to Maharat. The foregoing provisions apply equally to and are for the benefit of Maharat, its subsidiaries, affiliates, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Maharat has adopted a policy of terminating, in appropriate circumstances and at Maharat’s sole discretion, Users who are deemed to be repeat infringers. Maharat may also at its sole discretion limit access to the Service and/or terminate the Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. Warranty Disclaimer for Services.
Your access to the Platforms and Your use of any of its Services is at Your sole risk.
You acknowledge that We may use third party suppliers for hardware, software, connectivity, and all business requirements to get You the Services. The acts and omissions of those third-party suppliers may be outside of Our control and You can’t hold Us liable for any loss or damage suffered as a result of any act or omission of any third party.
We do not warrant that: (i) the Platforms will meet Your specific requirements; (ii) Our access to the Platforms or any of its services will be uninterrupted, timely, secure, or error-free; (iii) the Platforms will be accurate or reliable; (iv) the quality of any services, information, or other material purchased or obtained by You through the Platforms will meet Your expectations; or (v) any errors in the Platforms will be corrected.
The information presented or contained in Maharat, or provided through the Platforms (“Content”) is presented for the purpose of selling Services.
The User acknowledges that the Platforms are a marketplace to enable the User to buy Services. In the event where a User clicks on the link that redirects to the payment page on the Platforms, the order is placed with Maharat. Maharat makes the Services available for purchase, takes the order, and collects the payment on Our own behalf. Upon clicking on the link that redirects You to the payment page on the Platforms, the agreement is formed between the User and Maharat directly.
Maharat is not responsible or liable for any misconduct of any of its Users. All contact between You and the other party be it a User, including any transactions or messages, is entirely at Your own risk. We are not responsible for the ownership, content, quality, or legality of Services sold or listed on the Platforms or for the accuracy of listings or ability to complete a transaction.
The Content and other information contained in the Platforms are compiled from a variety of sources.
16. Limitation of Liability.
You waive and shall not assert any claims or allegations of any nature whatsoever against Maharat, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers or other partners, licensors, any of their successors or assigns, or any of their respective officers, directors, agents, employees or interns arising out of or in any way relating to Your access or use of the Platforms, including, without limitation, any claims or allegations related to infringement of proprietary rights, or allegations that any of the mentioned above parties (“Related Parties”) has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of any third party products or the Platforms. Without limiting the foregoing, neither Maharat nor any other Related Parties shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of property including but not limited loss of profits or loss of access to or use of data or loss of goodwill, whether in an action in contract, for negligence, or otherwise, arising out of or in any way connected to the access to the Platforms and the use of or inability to use any or all of the services, including without limitation any damages caused by or resulting from Your reliance on the Platforms or other information obtained from or accessible via Maharat or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, force majeure, communications failure, theft, destruction or unauthorized access to Maharat’s or any other Related Parties’ records, programs or services.
Moreover, Maharat shall not be held liable for User’s information-details that are provided outside the scope of the Platforms including, but not limited to, the Maharat Website and different channels of communication like phone and email conversations.
17. Community Guidelines.
You are responsible for Your communications and Your use of the Platforms. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to Maharat with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Platforms to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to other users for any purpose including personal communication, or to advertise or offer to sell unsolicited goods or services to other users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use Your email account as an address to which Users need to respond (except as otherwise expressly permitted by Maharat); (h) send unsolicited email messages through third-party mail servers in order to relay Your email or hide the origination of Your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless You own or control the rights to such files or have received all necessary consents; (j) delete any author attributions, legal notices or proprietary designations or labels in a file that You upload to Maharat; (k) falsify the source or origin of software or other material contained in a file that You upload to Maharat; (l) use Maharat in a manner that adversely affects the availability of its resources to other users; (m) falsely purport to be an employee or agent of Maharat (n) cause repeated disruptive incidents; (o) act, or fail to act, in Your use of Maharat, in a manner that is contrary to applicable law or regulation; or (p) engage in any other activity deemed by Maharat to be in conflict with the spirit or intent of this Agreement. In addition, You may not post or transmit any message which is harmful, threatening, abusive, or hateful. It is not the intent of Maharat to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Maharat. Nonetheless, Maharat reserves the right to take such action as it deems appropriate in cases where Maharat is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time You upload a file on Maharat, You represent and warrant that You own or otherwise control the rights or have the necessary consents to do so. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
You agree to indemnify, defend and hold harmless Maharat and its Related Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of the Terms or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
In the event that any provision of the Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in the Agreement are included for convenience only and will not limit or otherwise affect the Terms.
THIS SECTION CONTAINS SPECIAL TERMS THAT ONLY APPLY TO USERS REGISTERED ON MAHARAT.
These Terms, as amended, will be effective commencing with Your first use, pre-Membership, or Membership of the Platforms and will remain in full force and effect throughout Your use of the Platforms and/or its Services.
Notwithstanding any of these Terms, Maharat reserves the right, without notice and in its sole discretion, to terminate your Membership to use the Platforms, and to block or prevent Your access to and use of the Platforms. Maharat reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Platforms for any reason, You have no right to obtain a copy of any data or communications You stored or effected via the Platforms, or any other data. You are free to terminate Your use of the Platforms at any time. You can simply choose to stop visiting or using any aspect of the Platforms. Further, You agree that Maharat will not be liable to You or any third party for any termination of Your access to the Service.
21. Force Majeure.
THIS SECTION CONTAINS SPECIAL TERMS THAT ONLY APPLY TO USERS REGISTERED ON MAHARAT.
Maharat will not be held liable for any delay or failure to perform any obligation related to the Services if the delay or failure is due to unforeseen events that are beyond Maharat’s reasonable control, including, without limitation, acts of God, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, pandemic, or governmental action, and other industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion or accident.
22. Entire Agreement.
THIS SECTION CONTAINS SPECIAL TERMS THAT ONLY APPLY TO USERS REGISTERED ON MAHARAT.
The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The Terms and any policies or operating rules posted by Us on the Platforms or in respect to the Services, constitute the entire agreement and understanding between You and Us and govern Your access and use of the Platforms, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
23. Terms Modification.
24. Governing Law and Jurisdictions.
- 1.Governing law. This Agreement shall be governed by, and all disputes arising under or in connection with this Agreement shall be resolved in accordance with English law.
- 2.Dispute Resolution. If either party has any issues, concerns, or complaints about these Terms, or any matter related to this Agreement, that Party will notify the other party in a maximum period of ten (10) business days (the “Dispute Notice”) and the parties will then seek to resolve the issue by a process of consultation. Such process will do everything possible to settle amicably any dispute, controversy, or claim arising between the two parties. The attempt to bring about an amicable settlement will be considered to have failed if not resolved within Fifteen (15) business days from the date of the Dispute Notice.
- 3.In the event of failure of amicable resolution by means of consultation pursuant to clause 24.2, either party may submit the dispute to arbitration, in accordance with the arbitration rules of the Abu Dhabi Global Market (ADGM) which rules are deemed to be incorporated by reference into this clause.
- 4.The language of the arbitration will be English.
- 5.Each party agrees that an arbitral award rendered in accordance with this clause 24.2 shall be conclusive and binding on it and not subject to appeal, and such award may be enforced against it in the courts of any competent jurisdiction, subject to the grounds for non-enforcement under the laws of the jurisdiction in which such enforcement is sought 25. Contact Information. Your comments and suggestions related to this Agreement or to any of Our Platforms, are always welcome. You may contact Us through the following email: [email protected]