Thank you for using/ visiting ‘BLEN’ (www.hellloblen.com) (“Website”). The Website is operated by Mouzi Digital Ventures FZCO (“Company”). “You” (whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms) means you individually or the entity you represent (and as applicable, the users). Your use, access and review of content on the Website is conditioned upon compliance with and acceptance of these Terms and Conditions of Use (“Terms” / “Agreement”).
By clicking/tapping or conveying your acceptance to the Terms in any other manner by checking of the check box stating “I agree” or any similar button and by continuing use of the website regardless of subscription, You affirmatively accept these Terms and the Terms would constitute a binding legal agreement between You and the Company. Without prejudice to acceptance to the Terms, You will also be bound when You first use the Website. These Terms would be agreed upon by You and the Company for the data presented on the Website. The reference to the term ‘Website’ includes, but is not limited to, all the content, data, reports, analysis, views, codes, etc. available or accessible on the Website. The Website is not available to persons who are not legally eligible to be bound by these Terms.
The Company would provide the Website and You may use, access or review the Website in accordance with these Terms.
1. The Website
1.1. General:
1.1.1. The Website is a privately owned and operated learning and revision tool for students of International Baccalaureate (“IB”) that provides the users modules for learning, revising and revisiting IB Diploma subjects and enables the users to track progress and record of their learning and revision (collectively referred to as “Material”).
1.2. Use of the Website
1.2.1. The Company permits You to use the Website rightfully during the free subscription period and thereafter subject to a valid subscription for the fee specified from time to time. You may use the Website only (a) during the term of the free / paid subscription, (b) for Your own benefit and (c) in accordance with the Terms.
1.2.2. Upon your subscription to the Website, the Company would grant you access to the Website or certain parts of it, which would allow you to add user account(s) (“User Account”) and to control or manage certain features of the Website. To use the Website, You must register and set up an User Account with necessary credentials. You, upon setting up the User Account agree for the Company to store Your credentials. Your access to the Website is limited and personal. You are responsible for:
(i) actions taken by You using Your User Account added under Your subscription or by any other user using, accessing or reviewing the Website using Your User Account and passwords.
(ii) Compliance to the Terms by the Permitted Users’.
1.2.3. The Company uses reasonable efforts to make available the Website for a continuous and uninterrupted use. However, the Company does not guarantee that the Website would operate in an uninterrupted and an error-free manner. Further, the Company performs service maintenance and uses reasonable efforts to schedule system down-time to off-peak hours to avoid service interruptions and delays. If the Company reasonably believes that a problem with the use of the Website may be attributable to Your User Account or to Your use of the Website, You must cooperate to identify the source of the error and resolve the same.
1.2.4. If You believe that Your subscription has been compromised including any unauthorized access to or use or disclosure of any account information, passwords, user names or login credentials, You must notify the Company vide means including but not limited to communicating in accordance with the means prescribed by the Company.
1.3. Trial Period
1.3.1. Certain identified modules and content (“Trial Content”) of the Website may be made available to first time users as free trial access for a period up to 7 (seven) days or such lesser or extended period as the Company may in its sole discretion deem fit, from the date of opening of the User Account on a trial basis (“Trial Period”). If You use, access or review the Trial Content on Website for the Trial Period, the conditions in the clause 1.3 of the Terms would apply along with other conditions applicable to using, accessing or reviewing the Website; provided that, You will not be charged subscription fee in accordance with clause 1.2.1 of these Terms.
1.3.2. During the Trial Period, the Trial Content in the Website would be available until the earlier of:
(i) The end of the applicable Trial Period.
(ii)The purchase of the paid subscription to the Website. It is clarified that the Trail Period ends immediately upon purchase of the paid subscription i.e. immediately upon completion of payment towards purchase of the paid subscription, regardless of the entire Trial Period being exhausted.
(ii)Any termination of the evaluation by the Company for any reason or for no reason at all, by sending a termination notice with immediate effect.
1.3.3. The Website and User Account provided during the Trial Period would be provided without support and without any indemnification, warranty or condition of any kind. No service level commitment will apply to the Trial Period.
1.3.4. Only the Trial Content will be available during the Trial Period and other features and functionality of the Website will not be available during the Trial Period. Providing the Trial Content or any particular service, or any feature or functionality during the Trial Period, does not constitute our commitment to offer the full service or features or functionality on a paid subscription basis.
1.3.5. The terms of the Trial Period may be changed or modified at any time by the Company, and such modification would not be deemed to be a material change.
1.4. Paid Subscription
1.4.1. You are entitled to use our services subject to the conditions as set out herein. The Company retains the right to constantly change and improve its Services, including adding or removing functions, features, or requirements, suspension or stopping a Service altogether. The term “Services” shall mean and include:
(i) Any Service provided to the users for individual use, including and not limited to features such as Test Series, Build your own test, Mock Tests, or any other service which may be offered by the Company to its users in the future;
(ii) Any Service provided to teachers or any other institute by the use of, including but not limited to, the Company’s product. Please note that the services rendered by the Company to teachers, institutes etc. may be subject to the specific rules, guidelines, contracts, license agreement, user agreement, other terms of use or other terms and conditions which govern the said use of such services in addition to the present terms. In case of any conflict between this Agreement and specific rules, guidelines, contracts, license agreements, user agreement or other terms of use for any service services provided to the teachers or any institute, the terms of such specific rules, et al. shall prevail.
1.4.2. The Paid Subscription / Services will be offered to the You immediately upon the receipt of payment from You by the Company and the thereafter You will have complete access to the subscribed Services offered by the Company.
1.4.3 Upon a user opting for a Paid Subscription, the Company immediately generates an invoice for the relevant subscription plan opted by the user (“Invoice”) and then the payment link is generated for completion of the payment toward the relevant Paid Subscription.
1.4.4. Upon receipt of the Invoice and the payment link by the user, the user shall be required to pay the subscription fees for availing / continued usage of the Services. The users are granted access to the Services upon such successful payment. Similar Invoices are then generated on a monthly / quarterly basis.
1.4.5 A renewal remainder will be shared with the user 7 (seven) days prior to the renewal date and the authorised payment mode of the user will then be debited on the renewal date with the relevant subscription fees.
1.4.6. In case of failure of the payment by the user, the user will be notified with a payment failure notification, whereafter, the user can retry to complete the payment with the same or any other payment method, in case of non-payment the user will be blocked from using the Services and no longer be able to avail the Services and the payment status will be shown as ‘incomplete’ for such users. Such users if on free trail can continue using the free services offered by the Company and shall be able to access the entire services only after the relevant payment.
1.5. Refer and Earn
1.5.1. The users who have subscribed to the Paid Subscription (“Referrer”) may refer to Services of the Company to any other person using a unique referral link provided to such Referrer and may earn a reward for the same.
1.5.2. The person to whom a Referrer refers the Services of the Company is a referee (“Referee”).
1.5.3. Upon a referral, a reward of equivalent to 10% of the subscribed amount per Referee will be awarded to the Referrer in case such Referee avails the Paid Subscription using Referrer’s referral link.
1.5.4. The Referee will also be entitled to a reward of equivalent to 10% of the subscribed amountupon availing the Paid Subscription using the Referrer’s referral link.
1.5.5. If details of the referred client already exists in the Company’s database as an existing user, then it will not be considered under this refer and earn scheme for referral reward benefits and Company reserves the right to exclude the said accounts for calculation of referral rewards.
1.5.6. The reward will be provided only after all the verification have been undertaken by the Company and the Paid Subscription is availed by the Referee in accordance with the terms and conditions of the Company. The Company reserves the right to reject the case if the same is not in compliance with the Company’s terms and conditions or other guidelines.
1.5.7. Company reserves the right to amend this offer and these terms and conditions at any time without prior notice. The decision of the Company on all matters relating to, or in connection with the use of this offer shall be final and binding on all parties concerned.
1.5.8.You agree that the following activities are expressly prohibited and engaging in any of these will result in immediate termination and disqualification from the Refer and Earn program, forfeiture of existing referral invitations and accrued, but not yet received, referral rewards:
a. Spam, bulk distribution of invitations, distribution to strangers or any other promotion of Blen’s Refer and Earn offer through invitations that would constitute or appear to constitute unsolicited commercial e-mail, SMS, publishing any article or content about Blen’s products, services etc.
b. Advertisement of any kind in any form on any medium print, audio visual form, web etc. including social media (Facebook, Twitter, WhatsApp, Instagram, YouTube etc.), or spam under any applicable law or regulation.
c. Fraud, attempted fraud or abuse of the Blen’s Refer and Earn offer or these Terms.
d. Organising tests, competition, contests online, posting content about Blen.
e. Any act or omission resulting in damage to Blen in any form whatsoever in nature.
1.5.9. Referral reward is applicable for maximum 10 successful referrals In case, the said limit of 10 successful referrals is triggered, then further referrals will not be considered.
1.6. Modifications
1.6.1.The Company may from time to time (a) modify the Terms, or (b) cease providing any Website.
1.6.2. The changes (including any new functionality) will become effective immediately on the date published.
1.6.3.The continued use of the Website after the effective date of any change will be deemed acceptance of the modified Terms.
1.7.Optional Feedback
You may provide comments and suggestions regarding the Website, but You are not required to do so. If you provide comments or suggestions, the Company may use that feedback without restriction, and You hereby irrevocably assign to us all right, title, and interest in and to that feedback.
2. User Account Security
2.1. You need not register with the Company to simply visit and view the Website, but to access and participate in certain features of the Website, You will need to create a password-protected User Account. To create an User Account, you must submit your name, email address and such other details as may be requested through the User Account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an User Account but shall be helpful to the Company in providing you with a more customized experience when using the Website. You may also register for an User Account using Your existing Facebook, Google or any other account integrated by the Company with the Website and their respective log-in credentials.
2.2. When You create your User Account with the Company in order to use certain features of the Website and/or other platforms whereby our services are provided, You may be asked to provide a password in connection with your User Account. This creation of an account entitles You to be registered user with the Company. You acknowledge and agree that:
2.2.1. You are solely responsible for maintaining the confidentiality of your User Account and password, and for all the activities that occur in relation to your User Account or password;
2.2.2. The information provided by You to the Company is true, accurate, current, complete and will be updated by You as and when required.
2.2.3. You may immediately notify the Company in an event of unauthorized use of your User Account;
2.2.4. The Company will not be held liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms.
2.2.5. You are responsible for taking and maintaining appropriate steps to protect the confidentiality, integrity and security of Your User Account.
2.3. The Company would maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access the User Account to other persons, in accordance with the industry standards. The Company will notify You if it becomes aware of any unauthorized access to the User Account. The Company will not access, view or process the User Account and related data except (a) as provided in these Terms and in the Privacy Policy; (b) as authorized or instructed by You; (c) as required by applicable law. The Company has no other obligations with respect to the User Account.
3. Undertakings
3.1. You assume full responsibility for Your use of the Website in accordance with this Agreement and with applicable local, state, federal, national and international laws, regulations and treaties, and warrant that you have obtained all rights in the Content to authorize the Company to input, process, distribute and display the Content as contemplated by these Terms.
3.2. You will not, and ensure that through your User Account, You will not, use the Website or the Material for any use or purpose that:
3.2.1. infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity);
3.2.2. is in violation or may encourage any manner of acting that would violate any applicable local, state, national and foreign laws, treatises and regulations; or
3.3. You will not:
3.3.1. use the Website for;
(i) reselling, transfer, grant others permission to use the Website through your User Account, pledge, lease, rent, or share Your rights under this Agreement (including without limitation to any of your relatives);
(ii) modify, remove or amend Company’s name or logo, update, reproduce, duplicate, copy all or any part of the Website;
(iii) use the Website in any way that restricts or inhibits the use of the Website;
(iv) access or attempt to access any of the Company’s systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Website or any of the Website’s security and traffic management devices; or
(v) attempt to decompile, disassemble, re-engineer or reverse engineer the Website or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Website, its structural framework or allow or facilitate a third party, to violate or infringe any rights of the Company.
3.4. You may not access or use the Website if you are a direct competitor of the Company, or for monitoring the Website’s availability, performance or functionality, or for any other benchmarking or competitive purposes.
4. Proprietary Marks
4.1. Ownership of the Website
4.1.1. All parts of the Website are protected by copyrights, trademarks and other proprietary rights, as a collective work or compilation, pursuant to laws and international conventions (“Intellectual Property Rights”). The Company owns all right, title and interest in the Website and any related improvements, enhancements, modifications and derivative works of them and all Intellectual Property Rights in all of them. Your rights to use the Website are limited to those expressly granted in these Terms.
4.2. Ownership of the Content / Study Material
4.2.1. The modules and other study material forming part of modules as appearing on the Website (“Study Material”), although sourced from independent open source platform, but has been compiled together to form an effective study material and is a result of creative work and hence is a part of the proprietary rights of the Company and are protected pursuant to laws and international conventions. The Company owns all right, title and interest in the Study Material and any related improvements, enhancements, modifications and derivative works of them and all Intellectual Property Rights in all of them. Your rights to use the Study Material are limited to those expressly granted in these Terms. Kindly refer to clause 11 for further information.
4.3. Ownership of Your User Account
4.3.1. Except for Your User Account, all rights to the Website and derivatives thereof are retained by the Company. The Company makes no claims of ownership to your trademarks or the trademarks of any third party linked or displayed on the Website or with respect to any publisher or publication mentioned on the Website.
5. Warranties
5.1. Each of You and the Company represent, warrant and covenant to the other that: (a) it has the full corporate right, power and authority to enter into and perform this Agreement / (in case You are an individual natural person), you are of the legal age to contract under the laws applicable to you / (in case you are any other incorporated or unincorporated business entity, partnership, concern, association, trust or body) you have full right, power and authority to enter into and perform this Agreement under the constitutional or incorporation document governing you, and such execution and performance does not and will not violate any other agreement to which it is a party, and (b) this Agreement constitutes its legal, valid and binding obligation.
5.2. EXCEPT AS EXPRESSLY PROVIDED ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE WEBSITE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE WEBSITE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES; OR (III) WHETHER YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
6. Confidentiality
6.1. “Confidential Information” means all information provided by a party to other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, and excluding any information that was or has become publicly available without the receiving party’s actions or inactions.
6.2. The Company's confidential information includes, without limitation, the Website’s features, Services, functionality and performance and any feedback.
6.3. Your Confidential Information, for purposes of the Agreement, include Your User Account and the Company will use the same standard of care with respect to that data as it uses to protect its own Confidential Information.
6.4. Each party would hold the other party’s Confidential Information in strict confidence and not make available the other party’s Confidential Information available to any third party unless to the extent required by applicable law, implement adequate security measures to ensure against unauthorized access to use or copying of each other’s Confidential Information and notify the other party in writing of any misuse or misappropriation of the other party’s Confidential Information of which the receiving party may become aware.
7. Suspension and Termination
7.1. Temporary Suspension
7.1.1. The Company may suspend Your use of the Website if:
(i) You are in breach of the Terms (other than payment) and do not cure that breach within 10 days after we notify You of that breach.
(ii) Any payment is not received when due.
(iii) The Company believes that Your use of the Website poses a security risk to the Website or to other users of the Website.
(iv) The Company suspects fraud or abuse.
7.1.2. The Company will give You notice before suspending Your use of the Website unless the Company reasonably determines that providing notice presents a risk of harm to the Website, to other users of the Website, or to any person or property, in which case the Company will notify You as soon as feasible or permitted.
7.1.3. The Company will promptly reinstate Your access to the Website once it has determined that the issue causing the suspension has been resolved.
7.1.4. You will remain responsible for all fees incurred before and during any suspension and not be entitled to any credits.
7.2. Termination
7.2.1. You have the right to use the Website during the applicable term for which the Website has been subscribed by you. The Company holds the right to terminate the Terms effective immediately upon written notice to You, on occurrence of any of the events specified in clause 7.1.1 above.
7.2.2. Without prejudice to the notice requirement specified above in clause 7.2.1, the Company holds the right to terminate the Terms with immediate effect to comply with applicable law in any relevant jurisdiction.
7.2.3. Either You or the Company may terminate the Agreement effective immediately upon sending the other party notice if that party:
(i) Becomes insolvent, admits in writing its inability to pay its debts as they mature or makes an assignment for the benefit of creditors;
(ii) Becomes subject to control of a trustee, receiver or similar authority, or to any insolvency or bankruptcy proceeding.
7.3. Effect of Termination
7.3.1. Upon termination of the Terms for any reason:
(i) You must stop using the Website; and
(ii) You must return or, if the Company requests, destroy, any Confidential Information of the Company in Your possession or under Your control.
7.3.2. Any provision that, by its nature and context is intended to survive termination or expiration of the Terms, will survive.
7.3.3. To the extent that any party terminates the Terms pursuant to a modification as per clause 1.5 above, You will not be entitled to any refunds, credits and be liable to all fees incurred as of the effective termination date.
7.3.4. If the Terms are terminated due to an uncured breach by the Company, the Company will refund any prepaid subscription fees prorated as of the effective date of termination.
7.3.5. Notwithstanding anything stated in this Clause 8, you agree that these Terms shall survive and continue unabated even after any change in ownership or capital structure or management control of the Company.
8. Indemnification
You agree to indemnify, defend, and make good the Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (collectively, “Indemnified Parties”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website (including without limitation, any intellectual property infringement or misappropriation claims), any violation of the Terms, or any actual or alleged breach of the representations, warranties, and covenants made herein. You agree to indemnify the Indemnified Parties against any misrepresentation, act or omission made by You in terms of use of the Website; any noncompliance by You with these Terms. You agree to cooperate with Us against defense of these claims. The Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
9. License
Subject to these Terms, including our Privacy Policy, We grant You a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license, without any right to sub-license to use our services for your personal use during the tenure of your license with Us solely in accordance with these Terms and solely for purposes of using the services offered by the Company via the Website or other platforms on the internet as the case may be to users. You are not permitted to download any copy of the content offered on the Website. You agree that any access of the content made available by the Company to you will not be downloaded or saved as copy in any manner whatsoever. You also hereby agree to create, access and/or use only one User Account per user. You hereby agree not to share and/or transfer any information to any third party or allow any third party to access or use your User Account. The Company reserves it right to institute necessary action if You transfer or share any information with or to any third party.
DISCLAIMER: ACCESSING OR USING OUR WEBSITE DOES NOT GIVE YOU OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE OR THE CONTENT YOU ACCESS OR USE.
10. Payment
For access to and use of the Services, You agree to pay the amounts set forth in the Company’s Fee Schedule, subject to but not limited to the Services offered by Us. You are responsible for any taxes, including value added tax, resulting from your use of the Services.
11. Proprietary Information
11.1. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website are protected by the applicable international laws, including but not limited to copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights;
11.2. You may, as a visitor to the Website, not download even a single copy of the material from the Website unless specifically permitted;
11.3. You may not in any manner whatsoever copy or distribute any proprietary information for any commercial or business use, save and except with our prior written consent;
11.4. You must not modify, edit or change or otherwise make any derivative work of the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any content, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You also must not use or modify or reproduce any of the content whether text or written material or artwork, images, videos in any manner whatsoever. In addition, You shall include a link to the Website or otherwise describe appropriate our services as emanating from us, when referring to the service offered by us and/or availed by you. You shall not display the contents of our site surrounded, interface or framed or otherwise surrounded by material not originating from the Company without our consent;
11.5. You may not distribute, modify, publish, re-use, reproduce, copy (except as set forth above), transmit, display, license, create derivative works from, transfer, sell or otherwise use any of the information, illustrations, photographs, video or audio sequences or any graphics in any manner whatsoever;
11.6. Unless expressly mentioned, nothing in the Terms shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. A limited license to use is granted herein and is revocable at any point of time by Us (with prior notice or immediately upon notice) and without any cause;
12. Prohibited Activities
It is your responsibility to ensure, and You will ensure, that You shall not conduct (the definition of which includes hosting, publication or initiation of transmission of information, selection of receiver of transmission of information, select or modify the information contained in such transmission) any of the below mentioned activities:
12.1. Use the Website (including any content included in the Website for any commercial use or purpose unless expressly permitted by the Company in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
12.2. Assert, or authorize, assist, or encourage any third party to assert, against the Company or any of its affiliates or licensors any patent, copyright, or trademark infringement, or other intellectual property infringement or misappropriation claim regarding the Website, or any content, submitted, or otherwise made available on or through the Website;
12.3. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
12.4. Access or use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
12.5. Defame, harass, abuse, threaten or defraud users of the Website, or collect, or attempt to collect, personal information about users or third parties without their consent;
12.6. You acknowledge and agree that in the event we become aware or have reasons to believe that any user, whether registered on the Website or not, has breached any provisions contained under Clause 12.1 to 12.5 above, we shall have right in our sole discretion to delete, terminate or deactivate User’s Account, block the email or IP address of the relevant user or terminate user’s access to the Website (or any part thereof), immediately, without any liability and any fees paid by the user shall be forfeited by us without any further claims. Further, if you become aware that any user of the Website indulges in any of the activity specified under this Clause 12, you may report such activity to us at the contact details specified on the Website and we may at our sole discretion take appropriate action against the relevant user as we may deem fit;
12.7. This Website is made available by the Company solely for academic purposes. The Company strongly advises all users to use the platform solely for the purpose of resolving academic queries. The Company neither indulges in nor encourages any form of advertising or any form of monetary transactions on the Website. The Company does not endorse and does not take any responsibility for the contents including any advertisements or offers posted by third parties. The Company shall not be responsible for any losses incurred by the users for relying on third party content or for undertaking any form of monetary transaction, whether initiated on or conducted through the Website or otherwise.
13. Third Party Intellectual Property
The Company collects, sources and complies majority of its academic material and tutorials from various platforms and channels including but not limited to materials accessible from International Baccalaureate’s website and other open source channels and platforms. The Company understands that these materials have been uploaded on these media platforms and channels by owners with the motive of further dissemination and have been provided by the owners for third party use. The Company does not claim copyrights, trademark or any other Intellectual Property in such materials. The Company respects the proprietary rights, including intellectual property rights of any third party. On receipt of any possible infringement of any intellectual property right of any third party by way of written communication, the Company shall remove the infringing content from the Website. Usage of any such information from any such source and references to any services, goods, products or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation or association therewith, by Us.
14. Limitation of Liability and Claims
14.1. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR LOSS OF CONTENT FOR ANY REASON, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
14.2. Cap on Monetary Liability
EXCLUDING LIABILITY FOR A BREACH OF CLAUSE 6 (CONFIDENTIALITY), YOUR PAYMENT OBLIGATIONS, INDEMNIFICATION OBLIGATIONS UNDER CLAUSE 8 (INDEMNIFICATION) AND ANY LIABILITY WHICH MAY NOT BE EXCLUDED BY LAW, EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEBSITE WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY THE COMPANY FROM YOU UNDER THIS AGREEMENT.
14.3. Limitation on Claims
Any Claim or cause of action arising out of or related to use of the Website or the Terms must be filed within 6 months after such Claim or cause of action arose, or forever be barred.
15. Consent
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted by the Company, (i) on the mobile number shared by you; (ii) by way of SMS or email notifications or messages in any other electronic form (iii) Chat Support tools; (iv) Facebook Messenger, Twitter, Instagram or any other social media network; (v) Whatsapp, Telegram, Viber and any other such messaging modes.
16. Assignment
You may not assign or transfer rights arising out of these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of the Company. Any attempted assignment or transfer of the rights arising out of these Terms without such written consent will be void and will be a breach of the Terms. Subject to these limitations, the Terms will bind and inure to the benefit of the parties and their respective successors and assigns.
17. Notices
17.1. Any notice given by the Company under these Terms will be given (a) via email to the email address associated with Your account; or (b) any other method agreed upon the parties.
17.2. You must direct notices arising out of Your use of the Website requiring support or an address to the grievance to via the email associated with Your User Account to the following email ID:
E-mail:
Attn.: Customer Support Officer
17.3. You must direct notices arising out of any condition that requires a notice to be sent to the Company under these Terms the following: -
Postal Address: 101. Building A2, IFZA, Dubai, United Arab Emirates
E-mail:
Attn: Customer Support Officer
18. Force Majeure
Neither You nor the Company would be liable for any delay or failure to perform its obligations under the Terms, except for Your payment obligations, due to any cause beyond Your or the Company’s reasonable control including labour or other industrial disputes or disturbances, systemic electrical, telecommunications or other utility failures, earthquakes, storms, floods or other acts of natures, embargoes, riots, acts or orders of government, acts of terrorism or war, or outbreak of any disease declared as an epidemic or a pandemic by the relevant authority resulting in a situation making it reasonably difficult to perform its obligations under these Terms.
19. Language
The language used in the Terms is English and the English language version governs any conflict with a translation into any other language.
20. Independent Parties & Third-party Rights
20.1. The Company and You are independent parties and the Terms is not to be construed to create a partnership, joint venture, agency or employment relationship between us. Neither You nor the Company not any of our respective affiliates, officers, directors or employees, is an agent of the other for any purpose or has an authority to bind the other.
20.2. Other than as expressly provided in the Terms, the Terms do not create any rights for any person who is not a party to it, and only parties to the Terms may enforce any of its terms or rely on any exclusion or limitation contained in the Terms.
21. Governing Law & Jurisdiction
21.1. The Terms will be governed by the law of Dubai, United Arab Emirates, without regard to any conflicts of law principles.
21.2. The parties consent to the exclusive jurisdiction and venue in the courts of Dubai, United Arab Emirates except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court where such infringement has occurred.
21.3. Each party waives any objection on the grounds of lack of jurisdiction, forum non conveniens or otherwise to the exercise of such jurisdiction over it by any such courts.
22. Entire Agreement
The Terms as it may be modified from time to time is the entire Terms between You and the Company regarding the Website. The Terms supersede all prior or contemporaneous communications, understandings and agreements, whether written or oral, between You and the Company regarding its subject matter.
