MakanyApp
Terms of Use
Welcome to MakanyApp
("MakanyApp"). By accessing MakanyApp you are agreeing to the provisions outlined in
this legally binding Terms of Use ("TOU") agreement set by MakanyApp, located at Business Bay, Dubai. This policy is
effective as of January 1, 2022.
Using MakanyApp
1.
SCOPE OF AGREEMENT
The usage of MakanyApp
is bound by the TOU set by MakanyApp. Inability to
follow any of the stipulated terms in this understanding may bring about the
suspension or end of your account and in certain occasions legal proceedings
whenever required.
2.
OBJECT OF AGREEMENT, RIGHTS OF THIRD PARTIES
2.1
The MakanyApp site is a web stage where clients can
distribute professional resources and use MakanyApp
features and services as needs be. Clients are exclusively considered
answerable for the substance they submit on MakanyApp,
just as any outcomes that emerge from doing as such.
2.2 MakanyApp isn't engaged
with any exchange, contract and additionally any plan that may happen between
and among our users and third parties. The agreement of such exchanges,
contracts or potentially courses of action remain the matter of our users and
the third parties.
3.
CIRCLE OF USERS, REGISTRATION, PURPOSE OF
ADVERTISEMENT(S)
3.1
The utilization of MakanyApp's features and services
is basically accessible for everybody. A client registers on MakanyApp by filling out the given online registration
form, and by doing so swears that the data given is precise and genuine. The
registration procedure is finished upon activation of the account. The client
is obliged to instantly inform MakanyApp of any
progressions to their recorded data.
3.2 The user may
send an email to the customer support team to request termination of this
agreement. MakanyApp maintains the right to a 14 days grace period prior to termination of the agreement. As
stated in clause 4.3, MakanyApp also reserves the
right to blocking an account.
3.3
An entry on MakanyApp, referring to a business
listing, can only materialize/be published online via the following two
methods:
·
MakanyApp
implements the entry and publishes it online.
·
MakanyApp
confirms the entry through an email, or
3.4
Users may create an account and their respective businesses into MakanyApp registry, by completing the information and
submitting the required documentation requested on the platform. This is
subject to a 48-hour period of inspection and approval.
3.5
Users who already find their business name(s) registered on MakanyApp
may request ownership of the account by submitting the required documentation stated
on the platform. This is subject to 48-hours approval upon inspection of
documents and verifying their authenticity.
3.6
Should the content of a business listing contradict this agreement, violates
laws and local authority regulations, contravenes good intentions, morals and
customs; MakanyApp has the right to reject this
user’s business listing. Additionally, this applies when MakanyApp
is used for unbefitting purposes.
3.7 Any un-registered accounts may be
suspended by MakanyApp, as well as any accounts that
have seen any activity for a period for 6 months or more.
4. ACCOUNTABILITY
FOR ADVERTISING CONTENT AND TRUTHFULLY-SWORN STATEMENTS/INFORMATION
4.1 The client is legally and exclusively responsible
for the substance of the business listing(s) registered on the MakanyApp platform. The client is obliged to give total,
genuine and affirmed right data about his/her individual, contact details,
business details (if relevant) and must give adequate portrayals to the
services offered on the posting being registered. The client consents to
register their professional domain under the right classification inside the
platform. The client is obliged to consent to the MakanyApp
TOU and is relied upon to hold fast to these terms while connecting with other MakanyApp clients. Registration of duplicate/repeated
postings on the platform is prohibited. Entrepreneurs offering products and
services are obliged to educate shoppers about buyer rights and the privileges
of withdrawal/wiping out, should this apply.
4.2
The clients/users are prohibited from posting content on the MakanyApp platform that breaches this agreement, applicable
rights and/or third party rights.
Prohibitions for
the MakanyApp user include:
· Breaching the law
· Deceptive businesses practices
· Posting any form of chain posts, spam, pyramid
schemes, or Multi-level Marketing "MLM"
· Uploading virus infected material that may
harm the MakanyApp’s servers or the interest of the
users of MakanyApp
· Overloading the MakanyApp
infrastructure and hampering its smooth running operations
· Modifying, duplicating, copying or
distributing content and material of other listings
· Collection of any information from other users
and clients or the platform itself, without the consent of the other party
· Breaching or
bypassing any access limit or restrictions
· Violating the rights of the third party
4.3 MakanyApp
reserves the right to delete, block, or suspend any listings and registrations
that are deemed to contain prohibited content (refer to 4.2). MakanyApp also has the right to
forewarn the user and suspend their account for a certain period of time or
permanently and to terminate from the agreement/contract. Following this
proceeding, MakanyApp provides due respect to the
legitimate interest of the user. Users’ claims, (e.g. for reimbursement for
already paid items/services) will not be honored in case the Prohibited Content
Policy is breached.
5.
INDEMNIFICATION/EXEMPTIONS
Any lawsuits or claims against MakanyApp should be dismissed in case the plaintiff’s
allegations had arisen from other users of the platform who misused prohibited
content (refer to 4.2) that infringe users rights, or
caused a reputation or rights damage due to advertising content. The user is
solely accountable for any associated court and attorney expenses from such
lawsuits directed at MakanyApp. Should this be the
situation, the concerned user must be committed to quickly fulfill the needs to
submit approved genuine and correct data required for the safeguard of the
interests and the confirmation of cases as deemed necessary.
6.
DUES/FEES
6.1 MakanyApp is a free to use
platform under specific categories of registration. Listings choosing to
register under certain categories of registration, as well as special services
and site features on the platform will incur the appropriate charge as stated
upon registering.
6.2
All fees shall be reflected and charged in the respective currency for UAE (the
AED). Technical motives may allow the MakanyApp the
right to charge in other currencies.
6.3
Each and every fee shall be due for immediate
payment and shall be paid for/settled via the different methods of payment
offered on the platform. Any costs incurred from aborting the payment
collection shall be shouldered by the user and not MakanyApp.
6.4
A link will be sent to the users “MyMakanyApp”
accounts containing all information regarding any new or recurring invoices.
The invoice(s) can then be downloaded from this page. The user’s protection is
guaranteed, as MakanyApp will be sending the
aforementioned emails only to the registered email address on the platform.
6.5 MakanyApp
services are provided exclusively to commercial businesses, declaring their
consent to tax liability – limited to the Value Added Tax (VAT/GST/Sales Tax).
The recipient must be registered for VAT, GST, Sales Tax. Upon confirmation and
validation of the contract, the recipient of the services agrees, that the VAT,
GST and Sales Tax on a taxable supply is payable by the recipient and not by
the supplier. The recipient is responsible for the timely application of the
Tax (VAT, GST, Sales Tax).
6.6 MakanyApp
reserves the right to suspend the execution of the any service(s) and restrict
the access of the user in the event of delayed payments for the applicable
service(s). Suspension and access status will return to normal once the amount
due has been paid.
6.7 MakanyApp reserves
the right to temporarily change/modify the fees for promotions, services,
implementation of new features or functions on the website or other marketing
offers as deemed necessary.
7.
MODIFICATION OF BUSINESS LISTING CONTENT
7.1
The MakanyApp user may at any time modify or delete
their business listing.
7.2
The MakanyApp user
has the right to request the removal or deletion of the user’s own ads from the
website. MakanyApp will comply to this request within
a period of 48 hours.
8.
Cancellation of Paid Services
In case user opted to delete their
listing(s) before the purchased time frame has elapsed, this revokes the right
of the user to retain or reuse the rest of the “unused” purchased time. MakanyApp does not return the costs for the discontinued
use of the features/services. This applies to MakanyApp
users who have registered under a paid category or purchased premium features
for their business listings according to their desired time frame.
9.
PUBLICATION OF BUSINESS LISTING(S) ON RELATED
INTERNET PLATFORMS OWNED BY MAKANYAPP CO.
MakanyApp
reserves the right to republish advertisement(s) on the MakanyApp
platform and on other websites or platform owned by Unlimited Creativity
Technology LLC (Dubai, UAE).
10.
LIABILITY LIMITATIONS
10.1 As
majority of the content on MakanyApp is posted
through other users, we do not guarantee the accurateness of postings or user
communications, or the quality, safety, or legality of what’s offered;
therefore, you agree not to hold us responsible for said postings or activities
from other users. We also cannot guarantee continuous or secure access to our
services. We are not liable for any loss, whether of money (including profit),
goodwill, or reputation, or any special, indirect, or consequential damages
arising from your use of MakanyApp. This is inclusive
under the circumstances that you advise us or we could reasonably foresee the
possibility of any such damage occurring. Certain disclaimers and exclusions
may not apply to you in the case of some jurisdictions that do not allow the
disclaimer of warranties or exclusion of damages. Accordingly, to the extent
legally permitted we expressly disclaim all warranties, representations and
conditions, express or implied, including those of quality, merchantability,
merchantable quality, durability, fitness for a particular purpose and those
arising by statute.
11.
Data Usage
o
Any data submitted by the user on the platform
is stored on our secure server. Documentation required for approval and
authentication are not shared with third parties, and only information supplied
by the user to be used on the platform as intended will be viewable to other
users and the website visitors.
o
Refer to our (Privacy
policy) for more information on data handling.
12.
MISCELLANEOUS
12.1 The transfer of
rights and obligations of MakanyApp users to third
parties require the approval of MakanyAppCo..
12.2 The
disclosure of login details and passwords to third parties, including other MakanyApp users is prohibited.
12.3 If the
customer/user is a merchant or a legal entity of public law or constitutes
special funding under public law, the place of jurisdiction is agreed upon to
be in Dubai, UAE.
12.4 The legal
relationship between MakanyApp Co. and the MakanyApp user is subject to the Court of Dubai.
Questions, remarks and complaints may be sent
to our email info@makanyapp.com.