BECAUSE THESE TERMS AND CONDITIONS IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
MAGNiTT shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Website Terms & Conditions and/or the Website at any time (Changes). Changes will be notified by posting the modified Website Terms and Conditions at https://magnitt.com/terms-and-conditions. Modifications will be effective from the day they are posted. You agree to review the Website and these Website Terms & Conditions from time to time. Any subsequent use by you of the Services following Changes shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately.
2. PURPOSE AND USE OF WEBSITE
Any and all Information and Content is provided solely for your own personal use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever, other than as specifically authorised herein.
You may only use the Website and/or any Services (including any Information and Content) at your sole risk and for lawful purposes. You must not use the Website:
a) If you are a minor under the age of 18, or under any applicable law or you cannot form legally binding contracts under applicable law;
b) in any way that breaches any applicable local, national or international laws or regulations or which is contrary to the morals, customs, traditions and values of the jurisdiction you are in or the social norms or cultural considerations of the UAE or other MENA countries;
c) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
d) in any way that infringes the rights of any third party;
e) in any way that restricts or inhibits the use and enjoyment of the Website by any other person;
f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (Spam); and/or
g) to knowingly transmit any data, send or upload any material that contains viruses, trojan hourses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You are responsible for making any arrangements that are necessary for you to have access to the Website and the Services.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms & Conditions and other applicable terms and conditions, and that they comply with them.
You agree not to use any device, software or routine to interfere with the proper working of the Website or which is intended to damage, interfere with, intercept or expropriate any system, data or personal information. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Website and the Services and the transfer and sharing of information through the Website, including without limitation, import/export requirements, and we expressly disclaim any liability or responsibility relating thereto.
3. RELIANCE ON INFORMATION AND CONTENT ON THE WEBSITE
The Information and Content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Information and Content on the Website. We make no representations, warranties or guarantees, express or implied, that the Information and Content is accurate, complete, up to date, legal or does not infringe the rights of any third party.
4. USE OF CONTENT
You are permitted to download, print, use, and export Content from the Website solely for your own personal or internal business use. You acknowledge that Content is protected by copyright and other intellectual property laws. You may refer to Content taken from the Website in materials you create provided you clearly and prominently reference MAGNiTT as the source of such Content. You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including our) rights.
Content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the Content you obtained through the Website or reproduce, link, frame or deep-link it on any other website or platform without our express written permission. You are not authorised to use the Content you obtained through the Website for commercial exploitation in any circumstances.
5. INTRODUCTIONS / DUTIES OF GOOD FAITH
The Services shall provide you with the opportunity to be introduced to persons and businesses of interest to you. You agree that you shall at all times act in good faith with respect to any persons or businesses to which you may be introduced through the Services
6. REGISTRATION AND USER ACCOUNT
Certain areas and features of the Website require registration. For you to be able to use certain Services you must become a registered member and create an account with MAGNiTT. As part of the registration process, you will be asked to provide MAGNiTT certain information in relation to you. See paragraph 8 on your obligations in relation to the information you provide us.
You will be required to create an identification code, password or any other piece of information required as part of MAGNiTT’s security procedures (together the User ID). You will treat your User ID as confidential and must not disclose it to any third party and you are responsible for the security of your User ID. MAGNiTT does not permit any of the following:
a) any other person sharing your User ID;
b) access through a single User ID being made available to multiple users on a network; or
c) creation or use of a User ID by any minor under the age of 18, or any other age under applicable law.
MAGNiTT shall have the right to disable any User ID, at any time, for security reasons or, if in MAGNiTT’s reasonable opinion, you have failed to comply with any of the provisions of these Website Terms & Conditions or any other agreements with MAGNiTT which may apply to you.
You are responsible for anything that happens through your account unless you close it or report misuse. You can close your account, and stop using the Services, at any time, in which case this binding agreement will terminate but any rights and obligations accrued until the date of termination, or which are intended to survive termination, will continue unaffected. If the Services were purchased by another party for you to use, the party paying for such Services has the right to control your access to the Services and to obtain information on how you use the Services. Nevertheless, you will continue to be responsible for your account. You will bear all the risks associated with the uploading and transmitting of any Information and Content, and using the Website including, without limitation, reliance on its accuracy, reliability or legality. We will not be liable for any damages, losses, costs or expenses which may arise out of or in connection with the Website being down or not working properly.
If you know or suspect that anyone other than you knows your User ID, or that has been an unauthorized disclosure or use of your User ID or account or breach of security, including loss or theft, of your User ID, you must promptly notify MAGNiTT at email@example.com.
7. REMEDIES FOR VIOLATIONS
MAGNiTT reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Website Terms & Conditions, including but not limited to the right to block access from a particular IP address to the Services and their features.
8. LICENSE OF YOUR INFORMATION AND CONTENT TO MAGNiTT
You are solely responsible for the information, content, data, materials you provide us or other users, during your registration or use of the Website and the Services, including without limitation any materials, information, data, or marketing collateral required for us to provide the Services, whether it is provided in any public or private message area, blogs, through any email feature or otherwise generated out of your use of the Website (Your Content). By uploading, posting, transmitting, sharing, or otherwise making available to the Services Your Content you grant (or warrant that the owner of such rights has expressly granted) MAGNiTT or its designee a perpetual, royalty-free, irrevocable, fully-paid, sublicensable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, distribute and share Your Content with others. MAGNiTT retains the right, at its absolute discretion, to edit or remove any information, comments, messages or other content posted or delivered by any user or visitor to the Website.
You warrant that Your Content:
a) is accurate, true and complete (where they state facts);
b) is genuinely held (where they state opinions); and/or
c) comply with applicable laws in the United Arab Emirates and in any country from which they are posted;
d) does not contain any material which is defamatory of any person, obscene, offensive, hateful, promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) is not contrary to the social norms or moral or cultural considerations of the UAE or other MENA countries;
f) does not infringe any copyright, database right or trade mark of any other person;
g) is not likely to deceive any person;
h) is not made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
i) does not promote any illegal activity;
j) is not threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
k) is not used to impersonate any person, or to misrepresent your identity or affiliation with any person;
l) does not give the impression that it is created by us, if this is not the case;
m) does not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
n) is not technically harmful (including, but not limited to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
In connection with the foregoing, you agree that MAGNiTT may at any time, and at its absolute discretion, withdraw or delete part or all of Your Content, including without limitation any information or content that is deemed by MAGNiTT to be in violation of these Website Terms & Conditions, to be in violation of any guidelines imposed by MAGNiTT (such as, for example, the requirement that postings be made anonymously), or that is otherwise judged to be inappropriate. Without limiting any other rights and remedies we may have available under these Website Terms & Conditions or at law, we may, without giving any notice, limit your activities on the Website, deny your access to the Website, or remove Your Content if you breach these Website Terms & Conditions or if we consider your use of the Website is inappropriate, breaches any law, potentially creates liability for us, or may cause us to lose (in whole or in part) the services of our internet service provider, advertisers, or other customers.
YOU AGREE THAT YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY TRANSACTIONS THAT MAY RESULT THEREFROM. MAGNiTT DOES NOT CONDUCT ANY DUE DILIGENCE ON ANY USERS, PERSONS, BUSINESSES, OR INFORMATION ACCESSIBLE THROUGH THE SERVICES, AND DOES NOT MAKE ANY RECOMMENDATION ON THE SUITABILITY OF ANY INVESTMENT OPPORTUNITY OR OTHER TRANSACTION THAT MAY BE MADE AVAILABLE THROUGH OR AS A RESULT OF THE SERVICES. WE MAKE NO REPRESENTATIONS IN RELATION TO THE QUALIFICATIONS, SKILLS, ABILITY, DEGREES, LICENSES, CERTIFICATES, SUITABILITY, STANDING, CREDITWORTHINESS, MARKET SHARE, COMPLIANCE, ETC. OF USERS. ENABLING THE REGISTRATION OF USERS ON THE WEBSITE, OR ADVERTISING ANY PERSONS ON THE WEBSITE, DOES NOT MEAN WE ENDORSE THEM OR ARE AFFILIATED TO THEM. MAGNiTT DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY TRANSACTIONS ENTERED INTO AMONG USERS OF THE SERVICES, AND IN NO EVENT SHALL MAGNiTT BE DEEMED A PARTY TO ANY SUCH TRANSACTIONS.
FURTHERMORE, MAGNiTT DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO: (I) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (II) ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (III) THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF; (IV) YOUR USE OF THE SERVICES OR RELIANCE ON ANY INFORMATION AND CONTENT (WHETHER CREATED BY MAGNiTT OR BY A USER OR THIRD PARTY); (V) YOUR CONTENT; (VI) PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON'S, COMPUTER AS A RESULT OF USING THE SERVICES, OR; (VII) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
ANY INTERACTIONS THAT YOU MAY HAVE WITH THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY OFF-WEBSITE INTERACTIONS WITH PERSONS THAT ARE INTRODUCED TO YOU THROUGH THE WEBSITE, SHALL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY. ANY CONFIDENTIALITY OR OTHER OBLIGATIONS IMPOSED UPON USERS OF THE WEBSITE MAY NOT BE EFFECTIVE OR ENFORCEABLE IN CONNECTION WITH SUCH INTERACTIONS.
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. MAGNiTT DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MAGNiTT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, MAGNiTT'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$1.00 (OR THE EQUIVALENT IN ANY OTHER CURRENCY).
10. PAID SERVICES
If you buy any of our paid Services, you may enter into a commercial agreement for such paid Services. The terms of such commercial agreement will apply in addition to these Website Terms & Conditions. You agree to pay us the applicable fees and taxes on time. Fees for Services we provide on a subscription basis shall be due and payable in full to us yearly in advance and shall be taken on a rolling basis until such time as you end your subscription to the Services. If you do not want to continue with a paid Service, to avoid additional charges, please make sure you cancel your subscription before the renewal date. You will provide us with complete and accurate payment information at the time you buy any paid Services, and you promise to update your payment information if it changes during the subscription of the Services. We will store your payment information. You may pay by direct debit or credit card. Fees for Services we provide other than on a subscription basis shall be due and payable in full to us in advance of provision of such Services. Payment shall be net of any applicable bank charges. All amounts payable for the Services are exclusive of VAT or any other applicable sales tax, which shall be paid by you at the rate and in the manner for the time being prescribed by law.
You may make payments online using Visa and MasterCard credit/debit card in AED (or any other currency). If you make a payment for our products or services on the Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. You must retain a copy of the transaction records and a copy of the relevant merchant policies and rules.
If you are buying Services on a subscription basis and we agree a maximum number of users of such Services, in a certain location and for a certain period of time, you will not provide User IDs to more users than the maximum number agreed, or to users outside the territory or after the period agreed, and you will ensure that users benefiting from the subscription Services paid by you will not share their User IDs with other users or third parties.
11. SERVICE MODIFICATIONS
You acknowledge and agree that MAGNiTT reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information and Content, or technical specifications with or without notice to you, and that MAGNiTT will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
12. PRIVACY AND PERSONAL INFORMATION
13. SECURITY AND TRANSMISSIONS OVER THE INTERNET
14. PROPRIETARY RIGHTS
“MAGNiTT”, the MAGNiTT logo, and other identifying marks of MAGNiTT are and shall remain the trade-marks and trade names and exclusive property of MAGNiTT, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in connection with the provision and delivery of the Services, including without limitation all programs, compiled binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of MAGNiTT and is protected by international copyright law. The Information and Content may be used by you only for your personal use as set out in these Website Terms & Conditions. Any rights not expressly granted to you are reserved by MAGNiTT. You may not create any link from or to the Website without MAGNiTT’s prior written consent. Please contact MAGNiTT if you wish to request permission to link to the Website. MAGNiTT reserves the right to withdraw linking permission without notice.
15. INDEMNIFICATION BY USER
You agree to indemnify, defend, and hold MAGNiTT and MAGNiTT’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, Your Content, any third party applications, software, information, content, and/or materials you post or share on or through the Services, or breach of these Website Terms & Conditions. MAGNiTT reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
16. THIRD PARTY WEBSITES, CONTENT AND PRODUCTS AND SERVICES
17. UNLAWFUL ACTIVITY
MAGNiTT reserves the right to investigate complaints or reported violations of these Website Terms & Conditions and to take any action MAGNiTT deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
MAGNiTT may decline to provide access to the Website and to the Services to any users that are subject to, or that are located in countries that are subject to, any national or international sanctions programs.
If any provision of these Website Terms & Conditions is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Website Terms & Conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto.
MAGNiTT’s failure to insist upon, or enforce, strict performance of any right or provision of these Website Terms & Conditions shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Website Terms & Conditions. Waivers must be in writing.
You may not assign, sub-license or otherwise transfer any of the rights under these Website Terms & Conditions.
These Website Terms & Conditions shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably agree to the exclusive jurisdiction of the courts of the Dubai International Financial Centre.
19. FORCE MAJEURE
In addition to applicable disclaimers stated above, MAGNiTT’s performance under these Website Terms & Conditions shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions
If you have any questions or concerns about the Website, Services, or these Website Terms & Conditions, please feel free to contact us at firstname.lastname@example.org.