PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Mahaseel make available to you this website, software, and other information, products and services when you visit Mahaseel.net, including associated sites linked thereto by Mahaseel (collectively, “Site”), use Mahaseel products and services, or use software provided by Mahaseel in connection with any of the foregoing (collectively, “Services”).
By accessing or otherwise using the Services in any way, you agree to and are bound by the Terms of Use of Mahaseel, including Mahaseel Privacy Policy and all other Mahaseel policies posted on the Site (collectively, “Terms of Use” or “Agreement”). Please carefully review Mahaseel Terms of Use by clicking the “Terms” link near the bottom of the Home Page of Mahaseel.net, or directly via its URL (i.e., web address) at https://www.mahaseel.net/terms using your personal computer, smartphone, or other electronic devices.
Mahaseel reserves the right, at its sole discretion, to change, modify, add or remove portion of these Terms of Use at any time. The updated version of Terms of Use will be posted at the Site. It is your responsibility to review these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the updated version.
Mahaseel is an online marketplace that allows users to offer, sell and buy food. As a marketplace, Mahaseel itself does not own or sell the items listed at the Site or otherwise made available through the Services. Mahaseel also does not pre-screen its users or any information provided by its users. Mahaseel merely provides an online venue to facilitate such transactions, and is not responsible for any disputes between the sellers and buyers; seller and buyer shall only look to each other for any liabilities arising from such transactions
You expressly acknowledge and agree that Mahaseel has no control over, cannot, and does not in any way guarantee the existence, quality, safety or legality of items offered in this online marketplace, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. You further acknowledge and agree that you use the Services at your own risk, and that neither you nor your representative will go after Mahaseel, its directors, officers, employees, contractors, consultants, agents, successors or assigns for any claims relating to the Services
Please review our Privacy Policy https://www.mahaseel.net/privacy to understand our practices regarding any information you submit to us while using the Services. You hereby agree that the Privacy Policy governs your use of the Services and is incorporated in these Terms of Use. Additionally, by using the Services, you understand that any message or information you send while using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.Transactions occurred in Mahaseel are consummated by adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Services only with involvement of a parent or legal guardian. If you register as a business entity, you personally guarantee that you are the authorized representative for that business entity to enter into this binding Agreement with Mahaseel.
While accessing or otherwise using the Services, you agree not to:
Mahaseel, at its sole discretion, may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue the Services at any time with or without notice.
Without limiting any other remedies available to it, Mahaseel may, at its sole discretion, limit, suspend, or terminate the Services and user accounts, restrict or prohibit access to, and your activities on, the Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
When providing us with content or posting content using the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including works derived therefrom) in connection with the Services
We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties. You may use catalog content solely in connection with your Mahaseel listings
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings at Mahaseel)
We respect the intellectual property rights of others, and will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification. If you believe that your work has been used or copied in a way that constitute copyright infringement, and such infringing materials are posted on the Site, or in connection with the Services, please contact us by email at info@mahaseel.net and provide all relevant details.
We try to keep the Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to the Services, because any functionality of the Services may be subject to factors beyond our control
You agree that you are making use of the Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement
In addition, to the extent permitted by applicable law, we, including our affiliates and our directors, officers, employees, contractors, consultants, and agents (collectively, "Personnel") and Personnel of our affiliates, are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses, or any other direct, indirect, special, punitive, exemplary, incidental or consequential damages), even if we have been advised of the possibility of such damages or losses, resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to defend, indemnify and hold Mahaseel, including our affiliates, directors, officers, employees, contractors, consultants, and agents, and such Personnel of our affiliates, harmless from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and court costs, made by any party in connection with your use of the Services, the content you provided or posted using the Services, your breach of this Agreement, your breach of any law or the rights of a third party, and any other acts or omissions relating to the Services.
By using the Services, you agree that the The Cairo Regional Centre for International Commercial Arbitration, without regard to the principles of conflict of laws, will govern these Terms of Use and any dispute of any kind that might arise between you and Mahaseel
Any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Cairo Regional Centre for International Commercial Arbitration law apply to this agreement to arbitrate
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent
You and Mahaseel both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties agree to waive any right to a jury trial. It's also agreed that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Where the dispute is resolved by a court, the exclusive venue will be The Cairo Regional Centre for International Commercial Arbitration
Except as otherwise agreed by the parties, any notice shall be given by email to Mahaseel. at info@mahaseel.net (in the case of Mahaseel) or, in your case, to the email address you have provided to Mahaseel. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Mahaseel may, at its sole discretion and option, give you notice by certified mail, postage prepaid and return receipt requested, to the address you have provided to Mahaseel, where notice shall be deemed given three (3) days after the date of mailing.
If any provision of these Terms of Use is held to be invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may freely assign this Agreement, in whole or in part, by posting notice of such assignment on the Site. Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. You and Mahaseel are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement sets forth the entire understanding and agreement between you and Mahaseel and supersede all prior understandings and agreements of the parties.
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