Rizek Ltd. (the "Company"), primarily operates, controls and manages the Platform and the Services (as defined below) PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.
 

ACCEPTANCE OF TERMS

The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally binding agreement between the Company and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Company website and mobile application, including the classified advertisements, forums, various email functions and internet links, and all content and Company’s services available through the Rizek mobile application (the “Application”), domain and sub-domains maintained by the Company and located at www.rizek.com (the “Site”) (the Application and the Site shall be collectively referred to herein as the "Platform"), and (ii) the online transactions between those users of the Platform who are offering services (each, a "Service Professional") and those users of the Platform who are obtaining services (each, a "Service User") through the Platform (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Platform. You acknowledge that the Platform serves as a venue for the online distribution and publication of user submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Platform, including the Services presented, promoted, and displayed on the Platform, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are either a Service Professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Platform, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Platform immediately. YOU SPECIFICALLY AGREE THAT BY USING THE PLATFORM, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. If you use the Platform or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

Modifications to Terms of use and Privacy Policy

The Company reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms of Use, which are accessible in the Platform or at the domain of www.rizek.com/termsandconditions. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify your consent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.

Privacy Policy

The Company takes reasonable measures to safeguard your personally identifiable information against unauthorized access. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. The Company has no control over the practices of third parties (e.g. website links to the Platform or third parties who misrepresent themselves as you or someone else). You agree that the Company may process your personal information that you provide to it for the purposes of providing the services on the Platform and for sending marketing communications to you. The Company has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of the Platform is governed by the Privacy Policy. The Privacy Policy can be located at the Platform at: www.rizek.com/privacy

MEMBERSHIP AND ACCESSIBILITY

License to Use

The Company hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that: (i) you will not copy, distribute, or make derivative works of the Platform in any medium, whether online or offline, without the Company’s prior written consent; (ii) you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

Membership Eligibility

Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we, at our discretion, believe that you are under the age of 18 or that you are not complying with any provisions of these Terms of Use, applicable laws, rules or regulations. You need not register with the Company to simply visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Platform. You are solely responsible for safeguarding the confidentiality of your Account and your Account password ("Password") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify the Company immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without the Company’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. You hereby expressly acknowledge and agree that you yourself and not the Company will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of the Company or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User". You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):

1. You will not copy or distribute any part of the Platform in any medium, whether online or offline, without the Company's prior written authorization.
2. You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose.
3. You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete at all times
4. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without the Company's prior written approval.
5. You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
6. You shall not in any way that transmits more request messages to the Company servers, or any server of a Company subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. The Company reserves the right to revoke these exceptions either generally or in specific cases.
7. You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with the Company without express written permission from the Company.
8. You shall not take any action that (i) unreasonably encumbers or, in the Company's sole discretion, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses the Company's measures that are used to prevent or restrict access to the Platform.
9. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.

The Company may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide further information or documentation, including without limitation information required to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to the Company upon such requests. You acknowledge and agree that if you do not, the Company without liability may limit, suspend or withdraw your access to the Platform and/or your membership. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

Additional Policies

Your access to, use of, and participation in the Platform is subject to the Terms of Use and all applicable Company’s regulations, guidelines and additional policies that the Company may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that the Company publishes on the Platform (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, the Company, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

MEMBERS’ CONDUCT

Prohibitions on Submitted Content

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:

1. misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
2. invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
3. contains falsehoods or misrepresentations that could damage the Company or any third party;
4. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
5. is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein;
6. contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
7. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
8. intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a the Company’s employee, agent, manager, host, another user, or any other person though any means;
9. advertises or solicits a business not related to or appropriate for the Platform (as determined by the Company in its sole discretion);
10. contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
11. contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
12. distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company’s users;
13. contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; is non-local or irrelevant content; and
14. contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of the Company.

Prohibitions on Sending Messages

You will not send messages to other users containing unsolicited advertising or marketing of a service not offered on the Platform or an external website.

No Discriminatory Postings

United Arab Emirates’ laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, ethnic origin, age, caste, doctrine, handicap or other protected class. The Company will not knowingly accept any Posting, which is in violation of the law. The Company has the right, in its sole discretion and without prior notice to you to immediately remove any posting that discriminates or is any way in violation of any law.

Prohibitions with respect to services

While using the Platform, you shall not:

1. post content or items in any inappropriate category or areas on the Platform;
2. violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
3. fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
4. fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to the Company; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Platform user); and
6. take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform).

Feedback

As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.

Sanctions for Inappropriate Use of Feedback.

If you violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions: (i) cancel or remove your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.

Reporting Inappropriate Use of Feedback.

You may contact the Company regarding any inappropriate use of Feedback via-email at [email protected].

Resolving Disputes in Connection with Feedback.

In the event of any dispute between users of the Platform concerning Feedback, the Company shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, THE COMPANY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM. The foregoing lists of prohibitions provide examples and are not complete or exclusive. The Company reserves the right to (a) terminate your access to your Account, your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. The Company reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that the Company deems appropriate in the Company's sole discretion. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company's discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. THE COMPANY DOES NOT AND CANNOT REVIEW EVERY OTHER POSTING POSTED ON THE PLATFORM. THESE PROHIBITIONS DO NOT REQUIRE THE COMPANY TO MONITOR, POLICE, OR REMOVE ANY POSTINGS OR OTHER INFORMATION SUBMITTED TO YOU OR ANY OTHER USER.

RULES FOR SERVICE PROFESSIONALS

Profiles and Offers

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

Non-Circumvention

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalogue or a link to a third-party website from which Service Users or any Registered User or user of the Platform may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through the Company to purchase the Service or any other service outside of the Company; (f) use their Profile page or user name to promote services not offered on or through the Platform and/or prohibited services. In case we realize that any professional is involved in any of the above activities, the Company holds the sole discretion to suspend or terminate the professional’s use of the Platform and withhold any outstanding credits or payments to the professional.

Profiles in General

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by the Company as approved payment methods; (b) include links that do not conform to the Company’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party's website with any information in addition to the Service provided via the Company; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

Consent for Reaching Out via Electronic Communication

It is further clarified that your registration on the Platform shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you; and (ii) by way of SMS or email notifications or messages in any other electronic form.

Licenses to Perform Services

Service Professionals represent and warrant that they possess the necessary licenses to perform any of the Services that they list on the Platform as required by the laws and regulations of the competent jurisdictions wherein the Services are performed.

Sanctions for Violating Service Professional Rules

If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, the Company, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.

RULES FOR SERVICE USERS

Service Users

The Service Users shall not undertake any of the following actions: (a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by the Company in connection with the use or purchase of any Service.

Sanctions for Violating Service Users Rules

If a Service User violates any of the above-referenced rules in connection with his or her Posting, the Company, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.

USE OF SUBMITTED CONTENT

No Confidentiality

The Platform may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, the Company does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Platform is provided on a non-proprietary and non-confidential basis. You agree that the Company shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to the Company. The Company may also disclose user information including personal information if the Company reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate the Company’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

Your Representations and Warranties

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you confirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Platform.

Yours Ownership Rights and License to the Company

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to the Company for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Platform and the Company's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Platform and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Platform. You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

Company Disclaimers and Rights to Remove

• The Company does not endorse any Submitted Content, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Submitted Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and the Company will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Article 7 below, that such Posting or Submitted Content infringes on another's intellectual property rights. The Company reserves the right to remove any Data or Submitted Content without prior notice. The Company will also terminate a user's access to the Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a Platform user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Platform more than twice. The Company also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

• You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.

• You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that the Company may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of the Platform users or others.

Suggestions

If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

COPYRIGHT INFRINGMENT

The Company has high regard for intellectual property and expects the same level of standard to be employed by its users. All content included on the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property either the Company, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]:

1. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
2. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit the Company to locate the material;
3. a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
4. information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
6. a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."

Only the intellectual property rights owner is permitted to report potentially infringing items through the Company’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

PLATFORM TERMINATION OR MODIFICATION

Cessation or Modification

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any parts thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company’s services.

Termination

You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any parts thereof), or remove and discard any Submitted Content on the Platform ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that you have violated any provision of the Terms of Use.

Termination by You

You may cancel your use of the Platform and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account".

Effect of Termination

Upon termination of your Account, your right to participate in the Platform, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Platform. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Company’s system. Unless the Company has previously cancelled or terminated your use of the Platform (in which case subsequent notice by the Company shall not be required), if you provided a valid email address or phone number during registration, the Company will notify you via email or phone number of any such termination or cancellation, which shall be effective immediately upon the Company’s delivery of such notice. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of the Company’s Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, the Company retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted the Company hereunder shall remain in effect for the foregoing purpose. In no event is the Company obligated to return any Submitted Content to you. You agree to indemnify and hold the Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

INTELLECTUAL PROPERTY RIGHTS

Company’s Intellectual Property

The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by the Company. Other trademarks, names and logos on this Platform are the property of their respective owners. Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.

Company’s License to Use

The Platform contains the Company’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company’s Data and Marks. Subject to these Terms of Use, the Company hereby grants you a limited, revocable, non-transferable, non-sub-licensable license to reproduce and display the Company’s Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform. The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

FEES

Payments and Refunds

1. Service Users contract directly with Service Professional on the Platform. The Company is not a party to any contracts for Services. The Platform facilitates these contracts by supplying a medium through which Service Users can connect with Service Professionals, schedule certain Services, and make payments for certain Services ("Payments").
2. The Company charges a fee from the total amount paid by Service Users to Service Professionals for each respective Service booked and performed by using the Platform (“Platform Utilization Fee”).
3. The Platform Utilization Fee shall be deducted accordingly by the Company from the total amount received by a Service Professional from a Service User for each Service.
4. Visa or MasterCard debit and credit cards in United Arab Emirates Dirhams are acceptable modes for payment. Service Users are obligated to pay in advance for the Services they order through the Platform or in certain cases Service Users may pay for the Services to Service Professionals in cash. Prior to the scheduled Service, the Company will charge the Service User's credit card according to the amount the Service User has agreed to on the Platform with respect to those Services the Service User has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Service and the Service User hereby authorizes the Company to charge the credit card on file in the Service User's Platform account for such amounts. Once payment is made, the Company shall send a confirmation notice to the Service User via e-mail within 24 hours of receipt of payment.
5. The Company will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe the Company. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. The Company retains the right, in its sole discretion, to place a hold on the Service User’s credit card for an ordered or completed Service transaction. Cardholders must retain a copy of their transaction copies and Company policies and rules.
6. For Services paid by Service Users to Service Professionals in cash, Service Professionals are required to pay the Platform Utilization Fee to the Company within 14 days from the date of completion of the Service.
7. All Payments by Service Users must be made through the Platform. No refunds or credits will be provided once the Service User 's has paid for the Service or the Service User’s credit card has been charged, except that at the Company’s sole discretion, refunds or credits may be granted in extenuating circumstances. Any refunds or credits will be processed by the Company within 14 days and refunds will be issued only through the original mode of payment.
8. While the Company uses commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

Refund Policy

It is important to Rizek that the Service Users of our platform use it with confidence anytime a service is booked and therefore to ensure the quality of the service we guarantee the following under our Refund Policy.

• a. If the services are not completed according to the final scope and specifications indicated on the Rizek platform, we will work with you and the Service Provider to understand the problem and correct it to the best of our ability within a reasonable time following receipt of a claim from the Service User. For purposes of this Policy, claim shall mean any complaint made in writing (including but not limited to by e-mail or fax) or filed electronically.
  No complete refund is allowed under this policy. The sole and exclusive remedies available to the Service User in the event of incomplete or defective service are set out below and are at the sole discretion and option of Rizek:
  • Rizek may provide the Service User with a complimentary service on the next order made by the Service User when using the Rizek platform; or
  • Rizek may grant a discount coupon on the next order made by the Service User, using the Rizek platform;
  • Rizek may, considering the level of gravity of the defective or incomplete service, grant a pro-rata refund to the Service User, it being expressly understood that any such refund will always be partial in nature and assessed by Rizek in its sole discretion.


• b. If Rizek's hero does not show up or arrive on time and the service is not completed, we will work with you and the Service Provider to understand the problem and correct it to be best of our ability or provide a partial refund whenever applicable*.
  *This is applicable on all services except Healthcare-PCR Test service where Rizek shall process a refund only if the test result was sent to the Service User late against the booked service’s service level agreement.


• c. Whenever applicable, Rizek shall process the refund in favor of the Service User either to the Service User e-wallet or as directed by the Service User in his claim The Service User should expect 2-14 business days for the amount of the refund to his e-wallet or bank account. If no refund is received by the Service User within the aforementioned period, the Service User may report the same to Rizek

This Policy shall be an integral part of our Standard Terms and Conditions of Use posted on our website at: www.rizek.com and may be changed at any time without prior notice and any new version shall apply forthwith upon its posting on our website.

Taxes

You acknowledge and understand that the Company acting solely as an intermediary for the collection of fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. You understand and agree that you are solely responsible for VAT requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to users. Further, you understand that the Company shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.

Sanctions

The Company does not trade with nor provide any services to OFAC or any other sanctioned countries and/or jurisdictions.

SERVICE TERMS

Agreement for Service

As a courtesy to Registered Users, to facilitate the negotiation and confirmation of services between Service Professionals and Service Users, the Company provides a general framework for negotiating and confirming the terms thereof ("Agreement for Service"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Agreement for Service. You should not rely on any information or resources contained on the Platform, including, without limitation, the Agreement for Service, as a replacement or substitute for any professional, financial, legal or other advice or counsel. The Company makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Platform, including, without limitation, the Agreement for Service. In no way will the Company be responsible for any actions taken or not taken based on the information or resources provided on the Platform. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Platform, however provided.

The Company is Not a Party to the Agreement for Service

Each Registered User hereby acknowledges and agrees that the Company is NOT a party to any oral or written Agreement for Service, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform. Each Registered User acknowledges, agrees and understands that the Company only seeks to provide a platform wherein the Service User and Service Professional can be brought together and the Company itself has not role in the execution or provision of Services.

No Agency or Partnership

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Platform, including without limitation, the Agreement for Service. You do not have any authority whatsoever to bind the Company in any respect. All Service Professionals are independent contractors. Neither the Company nor any users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

Cancellation Policy

Rizek’s Cancellation Policy is designed to protect both the Service User and the Service Provider/Hero in the event of a cancellation. We at Rizek know plans can change, so we have designed a cancellation policy that both accommodates our Service Users and supports our Service Providers/Heroes.

• a. The Service User can cancel the appointment at no charge within 1 min of creating the booking and/or up to 12 hours in advance from booking’s start time.
• b. You acknowledge that cancellation due to reasons not attributable to Rizek, such as, but not limited to, when you provide incorrect particulars, contact number, address etc., or when you are unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to a No show and late cancellation charges as mentioned in the table below will apply.
• c. Late cancellation charge is applicable for any cancellation within 12 hours of booking start time, since to our heroes schedule is pre-planned, as per the following:

Cancellation timeline	Late Cancellation Charge
12-2 hrs before the booking time	25% of the total amount of service fees
Less than 2 hrs before the booking time	50% of the total amount of service fees
On the spot cancellation or No show	100% of the total amount of service fees

• d. For cash bookings, late cancellation charges will be reflected on the Service User wallet.

This Policy shall be an integral part of our Standard Terms and Conditions of Use posted on our website at: www.rizek.com and may be changed at any time without prior notice and any new version shall apply forthwith upon its posting on our website.

Reschedule Policy

Rizek platform Reschedule Policy is designed to protect both the Service User and the Service Provider/Hero in the event of any last-minute booking changes. We, at Rizek, know plans can change, so we have designed a reschedule option that accommodates our Service Users and Service Providers/Heroes.

• a. The Service User can reschedule the appointment at no charge up to 3 hours in advance from booking’s start time by contacting Rizek Care Center.
• b. Late reschedule charge is applicable for any booking reschedule within 3 hours of booking start time, since our heroes schedule is pre-planned, as per the following:

Reschedule timeline	Late Reschedule Charge
Less than 3 hrs before the booking time	25% of the total amount of service fees
On the spot reschedule or No show	100% of the total amount of service fees

• c. For cash bookings, late reschedule charges will be reflected on the Service User wallet.

This Policy shall be an integral part of our Standard Terms and Conditions of Use posted on our website at: www.rizek.com and may be changed at any time without prior notice and any new version shall apply forthwith upon its posting on our website.

Referral Program

These terms and conditions (“T&Cs”) form a binding agreement and govern the relationship between Rizek, you (“Referrer”) and the potential customer (“Referee”) referred by you, in respect of Rizek’s Referral Program (“Referral Program”)

These T&Cs must be read in conjunction with Rizek’s Terms of Use.

The Referral Program allows the Referrer to introduce friends, family, colleagues, and associates to Rizek.

• 1. Eligibility
  • 1.1. In order to participate in the Referral Program:
  • • 1.1.1. the Referrer must be an existing customer of Rizek; and
    • 1.1.2. the Referee must be a first-time purchaser of services from Rizek.
• 2. Referral Process
  • 2.1. The Referrer may share their unique referral code with the Referee through email, WhatsApp, Twitter, Facebook, Instagram or otherwise through another mode or manner.
  • 2.2. The referee must redeem the referral code shared by the Referrer in order to enable the Referee and the Referrer to receive a reward (“Reward”).
  • 2.3. After successful purchase and completion of the services provided to the Referee, the Referrer and Referee will receive a further Reward in their respective Rizek wallets.
  • 2.4. Rizek’s Terms of Use shall apply to any purchase made by the Referrer or Referee.
• 3. Reward
  • 3.1. The value of the Reward will be solely decided by Rizek and such value may be subject to change from time to time at Rizek’s sole discretion and without any notice to the Referrer or Referee.
  • 3.2. The Reward will be credited to the Referrer and Referee’s respective Rizek wallets.
  • 3.3. The Referrer’s referral code can be redeemed by up to a maximum of ten (10) Referees in a calendar month.
  • 3.4. The referral code should only be used for personal and non-commercial purposes.
  • 3.5. The Reward may not be used in conjunction with any other promotions or offers unless otherwise permitted by Rizek at its sole discretion.
  • 3.6. In no event the Reward can be exchanged for cash.
• 4. Validity of the Reward

  The Reward will expire within ninety (90) days starting from the date it was credited into the Referrer or Referee’s Rizek Wallet or such other shorter time determined by Rizek at its sole discretion.

• 5. Privacy and Data protection

  Any personal details provided in connection with the Referral Program will be processed in accordance with Rizek’s Privacy Policy.

• 6. Amendments

  Rizek may at its sole discretion amend the value of the Reward, maximum number of times a referral code can be used in a given time period, validity of the Reward or otherwise these T&Cs (in whole or in part) at any time, without any prior notice to the Referrer or the Referee.

• 7. Termination of the Referral Program
  • 7.1. Rizek may at its sole discretion:
  • • 7.1.1. terminate the Referral Program at any time for any reason whatsoever and without notice; and/or
    • 7.1.2. revoke the Reward.

• In no event shall Rizek, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to the Referrer and/or Referee for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from the Referrer and/or Referee’s participation in the Referral Program.

Disputes Between Registered Users

Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any transaction with any third party, including without limitation, Service Professionals and Service Users. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that the Company does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While the Company may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo motu. You also understand that any so called background check undertaken by the Company is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that the Company only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE THE COMPANY ONLY SEEKS TO PROVIDE A PLATFORM WHEREIN THE SERVICE USER AND SERVICE PROFESSIONAL CAN BE BROUGHT TOGETHER, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT OR INDIRECT, OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS PLATFORM OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THE COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

1. IN NO EVENT SHALL THE COMPANY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF AN AGREEMENT FOR SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFROM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THE COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFROM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE COMPANY BY YOU HEREUNDER.
3. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
4. THE PLATFORM MAY CONTAIN LINKS TO THIRD PARTIES THAT ARE NOT OWNED OR CONTROLLED BY THE COMPANY. THE COMPANY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, THE COMPANY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITES. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.

IDEMNIFICATION AND RELEASE

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM. IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE THE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY SUBMITTED CONTENT. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY THE COMPANY WITHOUT RESTRICTION.

ADVERTISEMENTS

Aspects of the Platform and other Company services may be supported by advertising revenue. As such, the Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.

THIRD PARTY LINKS, CONTACT FORMS AND PHONE NUMBERS

The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is neither responsible nor liable for the availability of such external sites or resources, and is neither responsible nor liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be the Company's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The third-party website may have different privacy policies and terms and conditions and business practices than the Company. In certain situations, you may be transferred to a third-party website through a link or connected to a third-party resource by a contact form or phone but it may appear that you are still on the Platform or transacting with the Company. In these situations, you acknowledge and agree that the third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Platform with any party other than the Company are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

NOTICES

You agree that the Company may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Platform.

DISPUTE RESOLUTION

If a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and the Company hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Platform in accordance with this Article 18 or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at [email protected]. The Terms of Use shall be governed in all respects by the laws of the United Arab Emirates and any legal proceeding arising out of this Agreement will occur exclusively in the courts of competent jurisdiction in the Emirate of Abu Dhabi, United Arab Emirates.

FORCE MAJEURE

Neither the Company nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

MISCELLANEOUS

Entire Terms of Use

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between you and the Company concerning the use of the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Section Headings

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.