Terms and Conditions
MAXION TERMS OF USE
Last Modified: 10 November 2023
1. ACCEPTANCE OF THE TERMS OF USE
1.1. These terms of use are entered into by and between you (“you”) and MAXION LTD, a limited liability company duly registered with the Abu Dhabi Global Market and licensed under commercial licence number 000009740 and having its registered office at 1133 Register 11, 11th Floor, Al Maqam Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates (“Maxion”, “we” or “us”) (together with any documents expressly referred to therein, collectively the “Terms of Use”). These Terms of Use govern your access to and use of www.themaxion.com, including any content, functionality and Services (as defined in clause 2.1.4) offered on or through www.themaxion.com (the “Website”) and the application “Maxion” available on the Apple App Store and on Google Play (the “App”) (together, App and Website shall be referred to as the “Site”) whether as a guest or as a registered user of the Site.
1.2. By creating a Maxion account (an “Account”) or by using any associated Services (as defined in clause 2.1.4), whether through a mobile device, mobile application, computer or otherwise you agree to be bound by these Terms of Use. If you do not accept and agree to be bound by all of these Terms of Use, you should not access the Site.
1.3. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.
1.4. Please read these Terms of Use carefully before you start to use the Site. By using the Site or clicking to accept or agree to the Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use.
1.5. The Site is offered and available to users over the age of eighteen (18) years of age or older and reside in the United Arab Emirates (the “UAE”). By using this Site, you represent and warrant that you meet all of the eligibility requirements set out at clause 6.2 of these Terms of Use. If you do not meet all of these requirements, you must not access or use this Site. Insofar as you do access or use the Site in contravention of this clause 1.5, the provisions of clause 12.1 shall apply in respect of your use or access of the Site.
2. DEFINITIONS AND INTERPRETATION
2.1. In these Terms of Use, unless expressly stated otherwise:
2.1.1. references to an “Affiliate” shall mean any entity that, directly or indirectly, controls, is controlled by, or is under common control with the referenced entity, including the referenced entity’s parent.
2.1.2. references to “control” shall mean the power to direct the management and policies of an entity, directly or indirectly, whether through the ownership of voting securities, by contract, or otherwise;
2.1.3. references to “Intellectual Property Rights” means any and all now or hereafter known tangible and intangible: (i) rights associated with works of authorship throughout the universe, including copyrights or works of copyright (including copyrights in software, applications, databases, website content, documentation and related items) and moral rights; (ii) trademarks, trade dress, service marks, corporate names, trade name rights and similar rights; (iii) trade secret rights or know-how; (iv) patents, processes, algorithms, technology, designs and other industrial property rights; (v) all other intellectual and industrial property rights of every kind and nature throughout the universe and however designated (including domain names, logos and rights to remuneration), whether arising by operation of law, contract, license, or otherwise; and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any derivative rights in any of the foregoing);
2.1.4. references to “Services” means any and all services provided by Maxion to users in respect of the Site from time to time including the organisation of dates, matchmaking services and other related services;
2.1.5. references to a clause means a clause in these Terms of Use unless the context dictates otherwise;
2.1.6. references to “applicable laws” shall mean all those rules and regulations relevant to the provision of the Site and your use of the Site in accordance with the provisions of these Terms of Use;
2.1.7. the section titles are for convenience only and have no legal or contractual effect;
2.1.8. words imposing the singular shall also include the plural and vice versa where the context requires;
2.1.9. the word “including” and words of a similar effect shall not affect the generality of the preceding words;
2.1.10. references to persons shall include bodies corporate, unincorporated associations and partnerships, in each case whether or not having a separate legal personality;
2.1.11. where figures are referred to as numerals and words, if there is any conflict between the two the words shall prevail;
2.1.12. references to any statute, by-law, regulation, rule, delegated legislation or order is to any statute, by-law, regulation, rule, delegated legislation or order:
(a) as amended, modified or replaced from time to time; or
(b) replacing or made under any of them or which any of them re-enacts (with or without variation);
2.1.13. headings are for ease of reference only and to be ignored when interpreting these Terms of Use; andyour relationship to Maxion is that of an independent contractor, and neither you nor Maxion is an agent or partner of the other nor does anything give rise to a joint venture between Maxion and you.
CHANGES TO THE TERMS OF USE AND FUNCTIONALITY OF THE SITE
3.1. We may revise and update these Terms of Use from time to time in our sole discretion and including to reflect changes in or requirements of the law, new features to the Site or changes in business practices. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.
3.2. Maxion may include (without prior notice to you) new features or enhancements to the Site from time to time as well as remove features.
3.3. Maxion reserves the right to suspend the Site or any Services in their entirety, in which case Maxion will use its reasonable endeavours to notify you in advance unless circumstances arise which prevent us from doing so.
3.4. Any changes to the dispute resolution provisions set out in clause 22 of these Terms of Use will not apply to any disputes for which you and/or Maxion have actual notice on or before the date the change is posted on the Site.
3.5. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to regularly check this page so you are aware of any changes, as they are binding on you and may not be communicated to you prior to their implementation.
3.6. Any material on the Site may be out of date at any given time, however, we are under no obligation to update such material and bear no liability where content is incomplete or up-to-date.
3.7. We reserve the right to withdraw or amend this Site, and any Services or material we provide, at Maxion’s sole discretion without notice to you.
3.8. We will not be liable if for any reason any part or all of the Site is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Site or the entire Site to you and other users.
4. SITE – INFORMATION AND OWNERSHIP
4.1. Information presented on or through the Site is made available solely for general information purposes. Maxion does not warrant the accuracy, completeness or usefulness of such information and any reliance you place on such information is strictly at your own risk. Maxion disclaims any and all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or by anyone who may be informed of any of its contents.
4.2. The Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials and all articles, responses to questions and other related content, other than content provided by Maxion, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Maxion or its Affiliates. Neither Maxion nor its Affiliates is responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
4.3. The owner of the Site is based in the UAE. Maxion provides the Site for use only by persons located in the UAE and users shall be verified by way of provision of a copy of their UAE Identification Cards to Maxion and Maxion makes no claims that the Site or any of its content or the Services are acceptable or appropriate outside of the UAE. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site outside of the UAE, you do so at your own initiative and risk and are responsible for compliance with applicable local laws.
4.4. Excluding any User Content that you may provide (as defined in clause 9.1), you acknowledge that all the Intellectual Property Rights, in the Site and its content are owned by Maxion, its Affiliates or the foregoing’s suppliers.
Neither these Terms of Use nor your access to the Site transfers to you or any third party any rights, title or interest in or to such Intellectual Property Rights. Maxion and its suppliers reserve all and any rights not granted in these Terms of Use. There are no implied licenses granted to you under these Terms of Use.
5. USE OF SITE - USER OBLIGATIONS
5.1. By using the Site, you agree not to:
5.1.1.take screenshots of any information provided on the App, including other Account holders’ information and photographs;
5.1.2. provide financial information or make payments to other members of the Site;
5.1.3. use the Site or the Services for any purpose that is illegal or prohibited by these Terms of Use;
5.1.4. use the Site for any harmful or criminal purposes;
5.1.5. use the Site to damage Maxion or Maxion’s reputation in any way;
5.1.6. spam or solicit money or other items of value from another member of the Site, whether as a gift, loan, or other form of compensation, or otherwise defraud any members of the Site whatsoever;
5.1.7. impersonate any person or entity or post any images of another person without their permission;
5.1.8. bully, stalk, intimidate, assault, harass, mistreat or defame, or otherwise mistreat any member of the Site;
5.1.9. post any User Content that violates or infringes anyone’s rights, including rights of publicity or privacy, or any Intellectual Property Rights of another, or contractual rights;
5.1.10. post any User Content that is hate speech, threatening, sexually explicit or pornographic, incites violence, contains nudity or graphic or gratuitous violence;
5.1.11. post any User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual whatsoever;
5.1.12. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users of the Site or disseminate another person’s personal information without their permission;
5.1.13. use another user’s Account, share an Account with another user, or maintain more than one (1) Account;
5.1.14. misrepresent your identity, age, current or previous positions, qualifications, or affiliations with any person or entity; and
5.1.15. create another Account where Maxion has already terminated your Account, unless you have Maxion’s prior express written consent.
5.2. Maxion is not responsible for the conduct of any member whether on or off the Site and you agree to use caution in all interactions with other members of the Site, particularly if you choose to communicate off the Site or meet other users in person.
5.3. You understand that Maxion does not conduct criminal background checks on its members or otherwise inquire into the background of its members and therefore Maxion does not make any representations or warranties as to the conduct or compatibility of members of the Site.
5.4. Maxion reserves the right to conduct any criminal background checks or other screenings at any time using available public records obtained by it or with the assistance of a consumer reporting agency on any user of the Site and you agree that any information you provide to Maxion may be used for such purposes.
5.5. Maxion reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of other information of anyone posting any materials on or through the Site.Y
5.6. You agree to waive and hold harmless Maxion, its Affiliates, licensees and service providers from any claims resulting from any action taken by Maxion during, or taken as a consequence of, investigations by either Maxion or any relevant law enforcement authorities.
6. YOUR ACCOUNT
6.1. Account Creation
6.1.1. In order to use certain features of the Site or any Services, you must register for an Account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information throughout the period of your use of the Site.
6.1.2. Maxion will be not liable for misleading or inaccurate information that you submit to the Site.
6.1.3. Any personal information you provide will be collected and is subject to our Privacy Policy, as amended from time to time, https://www.themaxion.com/privacy-policy (the “Privacy Policy”). By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6.2. Account Eligibility
6.2.1 You must be over the age of twenty-one (21) years of age or older to create an Account and use the Site and the Services.
6.2.2. Your use of the Site must be for bona fide relationship-seeking purposes.
6.2.3. By creating an Account, you represent and warrant to Maxion that you:
(a) are capable of forming a binding agreement with Maxion;
(b) are not a person who would be classified as being restricted from using any of the Services under the laws of the UAE or any other applicable jurisdiction;
(c) are not married in any jurisdiction. For the avoidance of doubt, if you are separated, but not yet legally divorced (in the country in which you were legally married), you may not register an Account;
(d) will comply with these Terms of Use and all laws applicable to your use of the Site and any Services including privacy laws, intellectual property laws, anti-spam laws and all associated regulatory rules applicable to your use of the Site and any Services;
(e) will use the latest version of the Site;
(f) do not have more than one (1) Account on the Site or attempt to use the details of a third party in whole or in part when registering;
(g) have not previously been removed from the Site by us, unless you have Maxion’s prior express written consent to create a new Account; and
(h) have not been arrested or otherwise prosecuted or convicted in respect of any sex crime, coercive or controlling behaviour or any act of violence or threat of violence.
6.2.4. If, at any time, you cease to meet any of the above requirements, all access to our Site or any Services is automatically revoked and we will delete your Account immediately.
6.3. Account deletion and suspension
6.3.1. You may delete your Account at any time, for any reason, by following the instructions on the Site.
6.3.2. Maxion may suspend or terminate your Account at any time with or without cause and without any further notice to you.
6.4. Provision of matchmaking Services
6.4.1. To enable Maxion to provide matchmaking Services to users, Maxion may require users to complete a registration questionnaire (the “Questionnaire”). Maxion accepts applications from all members who meet the requirements set out under clause 6.2. App users must provide their LinkedIn profile details and be verified prior to being permitted any access to the App. Once verified by Maxion (who may at is absolute discretion refuse any application) and your Account has been registered, Maxion may send you compatible matches based on the information you provided as part of your responses to the Questionnaire and which form part of your Account. Maxion does not guarantee that you will be provided with any suitable matches or any matches at all.
6.4.2. You may provide personal information for us to use in our matchmaking Services. By providing such personal information, you hereby authorise us to disclose this information to other members on the Site.
6.5. Dates Organised by Maxion
6.5.1. In the event that you match with a compatible user, Maxion may at its absolute discretion arrange (via a third-party service provider) and book a date (incorporating transportation, gifting and any other reservation Services) for you and your match at a time, date and venue confirmed by Maxion to you in advance (a “Date”).
6.5.2. If Maxion arranges a Date for you, the following cancellation and rescheduling policy shall apply:
(a) if you cancel twelve (12) hours or more before the time of the Date, you are afforded one opportunity to reschedule without penalty;
(b) if you cancel less than twelve (12) hours before the time of the Date, your Account will be suspended for a period of one (1) week;
(c) if you cancel within less than twelve (12) hours before the time of the Date on two (2) separate occasions, whether in respect of a first-time Date or an attempted rescheduled Date, within one calendar month, your Account will be suspended for a period of one (1) month;
(d) if you cancel within less than twelve (12) hours before the time of the Date on three (3) separate occasions, whether in respect of a first-time Date or attempted rescheduled Dates, within one (1) calendar month, your Account will be indefinitely suspended and you will be placed on Maxion’s waiting list for Account applications; and
(e) if you do not indicate to Maxion that you will be unable to attend a Date and do not arrive at the Date at the designated time, your Account will be automatically suspended for a period of one (1) calendar month.
6.5.3. If there are any legitimate extenuating circumstances which make it impossible for you to attend a Date, please advise Maxion of such circumstances and provide available evidentiary information as soon as possible before the Date or, if it is absolutely not possible to do so before the Date, shortly thereafter and Maxion may at its sole discretion waive its rights under clauses 6.5.2, 6.5.4 and 6.5.5.
6.5.4. In the event that you fail to attend any Date organised by Maxion at the designated time, for any reason whatsoever, you may be liable to reimburse Maxion for the costs incurred in respect of organising the Date, including third-party costs, and Maxion reserves the right not to organise any future Dates for you.
6.5.5. Within twenty-four (24) hours of the designated time of a Date, you are required to leave feedback on the Site. Insofar as you do not provide feedback within the specified period, the Site will prompt you on one (1) occasion only to leave feedback within forty-eight (48) hours from the time of such prompt. If feedback is not provided within the forty-eight (48) hour window, your access to the App will be restricted until feedback is provided.
6.6. User Account Security and Login Obligations
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, for example, if, in our opinion, you have violated any provision of these Terms of Use.
6.7.1. You are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Maxion of any unauthorised use, or suspected unauthorised use of your Account or any other breach or potential breach of your Account’s security. Maxion cannot and will not be liable for any loss or damage arising from your failure to comply with the foregoing obligations.
6.7.2. To use Maxion, you may sign in using your UAE telephone number.
7. RIGHTS GRANTED TO YOU BY MAXION IN RESPECT OF USE OF THE SITE
7.1. Maxion grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable license to access and use the Site, your Account and any Services. Such license is granted for the sole purpose for letting you use and enjoy the Site’s benefits as intended by Maxion and as permitted by these Terms of Use.
7.2. The license granted to you pursuant to clause 7.1 and Maxion’s authorisation for you to access the Site, your Account or receive any Services are automatically revoked in the event that you do any of the following:
7.2.1. use the Site or any receive any Services or content contained therein for any commercial purpose without Maxion’s prior express written consent;
7.2.2. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any Intellectual Property Rights, content or proprietary information accessible through the Site without Maxion’s prior express written consent;
7.2.3. express or imply that any statements you make are endorsed by Maxion;
7.2.4. use any bot, crawler, robot, scraper, site search/retrieval application, spider, proxy or other manual or automatic device, method or process to access, retrieve, index, ‘data mine’ or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
7.2.5. use the Site in any way that could interfere with, disrupt or negatively affect the Site or the servers or networks connected to the Site;
7.2.6. upload viruses or other malicious code or otherwise compromise the security of the Site;
7.2.7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site;‘
7.2.8. frame’ or ‘mirror’ any part of the Site without Maxion’s prior express written consent;
7.2.9. use meta tags or code or other devices containing any reference to Maxion or the Site (or any trademark, trade name, service mark, logo or slogan of Maxion) to direct any person to any other website for any purpose;
7.2.10. adapt, decipher, decompile, modify, sublicense, translate, sell, reverse engineer, or otherwise disassemble any portion of the Site, or cause others to do so;
7.2.11. use or develop any third-party applications that interact with the Site or other members’ User Content (as defined in clause 9.1) or information without Maxion’s prior express written consent;
7.2.12. use, access, or publish the Maxion application programming interface without Maxion’s prior express written consent;
7.2.13. probe, scan or test the vulnerability of our Site or any system or network associated with the Site, directly or indirectly;
7.2.14. encourage, promote, or agree to engage in any activity that violates these Terms of Use;
7.2.15. use the Site in any way that violates any applicable laws and regulations as the same relates to the use of this Site or any Services;
7.2.16. use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
7.2.17. send, knowingly receive, upload, download, use or re-use any material that does not comply with the User Content standards provided pursuant to clause 9;
7.2.18. transmit or procure the sending of any advertising or promotional material including any ‘junk mail’, ‘chain letter’, ‘spam’ or any other similar solicitation;
7.2.19. impersonate or attempt to impersonate Maxion, a Maxion employee, a Maxion representative, another user of the Site or any other person or entity; or
7.2.20. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Maxion or users of the Site or expose them to liability.
7.3. Maxion reserves the right to investigate and take any available legal action in response to your illegal and/or unauthorised use of the Site or breach of any of the terms contained in these Terms of Use.
7.4. Any breach of obligations pursuant to the provisions of clause 6.2 will cause the immediate termination of your Account.
8. RIGHTS GRANTED TO YOU BY MAXION
8.1. By creating your Account, you grant Maxion with a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, copy, display, use, adapt, edit, publish, reproduce, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public information you authorise us to access from third parties such as Facebook, Instagram, LinkedIn, Google or Apple, as well as any information you post, upload, display or otherwise make available on the Site or transmit to other members (the “Content”). Maxion’s license to your Content shall be non-exclusive, except that Maxion’s license shall be exclusive with respect to derivative works created through your use of the Site.
8.2. To enable Maxion to prevent the use of your Content outside of the Site, you authorise Maxion to act on your behalf with respect to infringing uses of your Content taken from the Site by other members or third parties. Maxion’s license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing and improving the Site and the Services. You agree that any Content you place or that you authorise us to place on the Site may be viewed by other members and may be viewed by any person visiting or participating in the Site.
8.3. You understand and agree that Maxion may monitor or review any User Content you post as part of your use of the Site. We may delete any User Content, in whole or in part, that in our sole judgment violates these Terms of Use or may harm the reputation of the Site or any Services.
8.4. In consideration for Maxion allowing you to use the Site, you agree that Maxion, its Affiliates, and third-party partners may place advertising on the Site. By submitting suggestions or feedback to Maxion regarding our Site, you agree that Maxion may use and share such feedback for any purpose without compensating you.
8.5. You agree that Maxion may access, store, and disclose your Account information and User Content if required to do so by applicable law, by performing its obligations to you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Maxion or any other person including another user or member of Maxion’s staff or that of an Affiliate.
8.6. Any software that we provide you may automatically download and install updates, upgrades or other features and you are entitled to adjust these automatic downloads via available means through your device’s settings.
9. USER CONTENT
9.1. Any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings) is considered “User Content” for the purposes of these Terms of Use.
9.2. You are solely responsible for your User Content and shall assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others (including Maxion or another user), or any disclosure of your User Content that personally identifies you or any third party.
9.3. You hereby represent and warrant that your User Content does not violate our User Content obligations provided for under clause 9.
9.4. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Maxion. As you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the User Content requirements under this clause 9.
9.5. Maxion is not obligated to backup any User Content, and your User Content may be deleted by Maxion at any time with or without cause and without any prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
9.6. All User Content must in its entirety comply with all applicable laws relating to the operation of the Site and receipt of the Services. Without limiting the foregoing, User Content must not:
9.6.1 contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable (which can be determined by Maxion at its absolute discretion on a purely subjective basis);
9.6.2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
9.6.3. infringe any Intellectual Property Rights of another;
9.6.4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
9.6.5 be likely to deceive any person;
9.6.6. promote any illegal activity, or advocate, promote, or assist any unlawful act;
9.6.7. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
9.6.8. impersonate any person, or misrepresent your identity or affiliation with any person or organisation;
9.6.9. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
9.6.10. give the impression that they emanate from or are endorsed by Maxion or any other person or entity, if this is not the case; or
9.6.11. reasonably be considered contrary to UAE culture and customs.
9.7. Although Maxion reserves the right to review, refuse to post and remove User Content that violates these Terms of Use, such User Content is the sole responsibility of the member who posts it and Maxion cannot guarantee that all User Content will comply with these Terms of Use. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Maxion will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. If you see any User Content on the Site that you consider violates these Terms of Use, please report it to the following email address: connect@themaxion.com.
10. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
10.1. You may link to Maxion’s Website, provided that you do so in a way that is fair and legal and does not damage Maxion’s reputation or take advantage of it. You must not establish a link to Maxion’s Website in such a way as to suggest any form of association, approval, or endorsement on Maxion’s part without Maxion’s prior express written consent.
10.2. The Website may provide certain social media features that enable you to:
10.2.1. link from your own or certain third-party websites to certain content on the Website;
10.2.2. send emails or other communications with certain content, or links to certain content, on the Website; and
10.2.3. cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
10.3. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
10.3.1. establish a link from any website that is not owned by you;
10.3.2. cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
10.3.3. link to any part of the Website other than the homepage; or
10.3.4. otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.
10.4. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the User Content requirements set out in clause 9.
10.5. You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
10.6. We may disable all or any social media features and any links at any time without notice at our absolute discretion.
11. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only including links contained in advertisements, including banner advertisements and sponsored links. Maxion has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12. INDEMNIFICATION
12.1. You agree to indemnify and hold harmless Maxion, its Affiliates, licensors and suppliers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively the “Indemnified Party”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonably attorney’s fees) arising out of third party claims being made against any Indemnified Party in connection with: (i) your use of the Site; (ii) your violation of these Terms of Use; or (iii) your User Content.
12.2. Maxion reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior express written consent of Maxion. Maxion will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. SAFETY AND YOUR INTERACTIONS WITH OTHER ACCOUNT HOLDERS
13.1. By using the Site, you agree:
13.1.1. to treat other users in a respectful manner, both on and off the Site;
13.1.2. to be respectful when communicating with Maxion staff members or representatives;
13.1.3. to review and adhere to Maxion’s Safety Tips, which can be found at www.themaxion.com/safety, prior to using the Site or attending a Date; and
13.1.4. that you are solely responsible for your interactions with other members of the Site.
14. THIRD-PARTY PARTNERS, LINKS AND ADVERTISEMENTS AND OTHER USERS
14.1. Third-Party Links and Advertisements
Maxion may work with and the Site may contain links to third-party websites and services, and/or display advertisements and promotions for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Maxion, and Maxion is not responsible for any Third-Party Links & Ads and the availability (or lack of availability) of such Third-Party Links & Ads. Maxion provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you consider necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
15. RISK ASSUMPTION AND PRECAUTIONS - INTERATIONS WITH OTHER USERS
15.1. You assume all risk when using the Site, including to all of the risks associated with any online or offline interactions with others. You are solely responsible for your interactions with other users and are encouraged to be positive and respectful to others during your interaction.
15.2. You understand that Maxion makes no guarantees, either express or implied, regarding your ultimate or lasting compatibility with individuals you meet as a result of use of the Site. You agree to take all necessary precautions when meeting or continuing to see such individuals. When we say ‘other users’, we mean any person you may meet as a result of your use of the Site, whether at Maxion event or through a potential match set up by Maxion. You will promptly report to Maxion any violation of these Terms of Use by others, including but not limited to, other users. You agree to, and hereby do, release Maxion and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users.
16. PURCHASES
16.1. From time to time, Maxion may offer products and Services for purchase (the “In App Purchases”) through the Apple App Store, Google Play Store, such other platform as the App may appear on from time to time (as authorised by Maxion) or by Maxion or an Affiliate’s direct billing.
16.2. If you choose to make an In App Purchase, you will be prompted to confirm your purchase with the applicable payment provider and your method of payment (your “Payment Method”) will be charged for the In App Purchases at the prices displayed to you for the Service(s) you have selected as well as any sales or similar taxes that may be imposed on your payments and you authorise Maxion or the relevant third party account, as applicable, to charge you.
16.3. Purchases may have a recurring subscription with an automatic renewal and in such circumstances your Payment Method will continue to be billed for the subscription until your subscription is terminated for whatsoever reason pursuant to the provisions of these Terms of Use. Where you do not cancel your subscription prior to its expiry, you consent to Maxion or the relevant third party to use your Payment Method to make automatic card payments towards your subscription plan renewal. If you wish to terminate your subscription plan, please visit ‘settings’ on the Site for further details or you may contact us at connect@themaxion.com.
16.4. If you do not wish for your subscription to renew automatically, or if you wish to change or terminate your subscription, you will need to log into your third party account or access ‘settings’ on the App and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your Account with Maxion or if you have deleted the App from your device. Deleting your Account from the Site or deleting the App from your device does not terminate or cancel your subscription to the Services and Maxion shall retain all funds charged to your Payment Method until you terminate or cancel your subscription on the Site or the third party account, as applicable. If you terminate or cancel your subscription. You may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
16.5. You may edit your Payment Method information at any time by visiting the Site and going to ‘Settings’. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorise Maxion to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorise Maxion to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
16.6. Payment made for purchases on the Site are non-refundable and Maxion provides no credits for such payments not utilised by you.
17. DISCLAIMERS
17.1. You understand that Maxion cannot and does not guarantee or warrant that any files or documentation available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for appropriate anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
17.2. The Site and any Services provided by Maxion or any Affiliate are done so on an ‘as-is’ and ‘as available’ basis., Maxion and its Affiliates together with their respective and relevant suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory insofar as is legally permissible under applicable laws.
17.3. Maxion, its Affiliates and their respective and relevant suppliers make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
17.4. Your use of the Site, its content and any Services or items obtained through the Site is at your own risk.
17.5. Maxion disclaims and assumes no responsibility for any conduct of you or any other member, on or off of the Site.
17.6. The foregoing provisions set out in this clause 17 or otherwise set out in these Terms of Use do not affect any warranties that cannot be excluded or limited under applicable laws.
18. LIMITATION ON LIABILITY
18.1. To the fullest extent permitted by applicable laws, in no event shall Maxion, its Affiliates, licensors, employees, agents, officers, directors or suppliers be liable to you or any third party for damages of any kind whatsoever, including lost profits, lost data, loss of revenue, anticipated servings, loss of use, loss of goodwill or reputation, whether direct, indirect, general, consequential, compensatory, incidental, exemplary, incidental, special or punitive damages arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or any Services, without limitation, bodily injury, emotional distress and/or any other damages resulting from communications or meetings with other users. You agree to take reasonable precautions in all interactions if and when you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users.
18.2. To the fullest extent permitted by applicable laws, in no event shall Maxion’s aggregate liability to you for any and all claims arising out of or relating to the Site, any Services or these Terms of Use exceed the amount paid by you, if any, to Maxion in the preceding twelve (12) months of your use of the Site or any Services.
18.3. The limitation provided in clause 18.2 applies: (i) regardless of the ground upon which liability is based (whether default, contract, tort, statute or otherwise); (ii) irrespective of the type of breach of obligations; and (iii) with respect to all events, the Site and these Terms of Use.
18.4. You hereby release and forever discharge Maxion (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
18.5. To the fullest extent provided by applicable laws, Maxion shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, data or other proprietary material due to your use of the Site or any Services or items obtained through the Site or to your downloading of any material posted on it, or on any Site linked to it.
18.6. The limitation of liability set out in clause 18.1 above does not apply to liability resulting from gross negligence or wilful misconduct.
19. TERM AND TERMINATION
19.1. You may terminate your Account at any time, for any reason, by following the relevant instructions in the ‘Settings’ section of the Site. Insofar as you use a third party payment account, such as the Apple App Store, iTunes Store or Google Play Store, you will need to manage in app purchases through such account to avoid additional billing.
19.2. Subject to this clause 19, these Terms of Use will remain in full force and effect while you use the Site. Maxion may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion without notice, including for any use of the Site in violation of these Terms of Use. Upon termination of your rights under these Terms of Use, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Maxion will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Account or deletion of your User Content. Upon such termination, you will not be entitled to any refund for purchases.
19.3. When communicating with our customer care representatives, you agree to be respectful and kind. If Maxion considers that your behaviour towards any of Maxion’s customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your Account.
19.4. You understand that Maxion reserves the right to investigate and/or terminate your Account without a refund of any purchased in the event where you have violated these Terms of Use, misused the Site or the Services or behaved in a way that Maxion, acting at its sole discretion, considers inappropriate or unlawful, including actions or communications occurring on or off of the Site.
20. SURVIVAL
For the avoidance of doubt, after your Account is terminated, any rights or obligations which are by their nature intended to survive such termination shall not be affected.
21. INTELLECTUAL PROPERTY
21.1.General
21.1.1. The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Maxion, its licensors, or other providers of such material and are protected by that party’s respective Intellectual Property Rights or proprietary rights laws.
21.1.2. These Terms of Use permit you to use the Site for your personal and non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
(a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(b) you may store files that are automatically cached by your web browser for display enhancement purposes;
(c) if Maxion provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications, in place from time to time; and
(d) if Maxion provides social media features with certain content, you may take such actions as are enabled by such features.
21.1.3. You must not:
(a) modify copies of any materials from the Site; and
(b) delete or alter any Intellectual Property Rights notices from permitted copies of materials from the Site.
21.1.4. You must not access or use for any commercial purposes any part of the Site or any Services or materials available through the Site.
21.1.5. If you wish to make any use of material on the Site other than that set out in this clause 21, please address your request to: connect@themaxion.com.
21.1.6. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site or any Services is transferred to you, and all rights not expressly granted are reserved by Maxion. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.
21.2. Trademarks
21.2.1. Maxion’s name, the term ‘MAXION’, Maxion’s logo, and all related names, logos, product and service names, designs, and slogans (i.e., source indicators) are trademarks of Maxion or its Affiliates or licensors, whether registered or unregistered. You must not use such marks without the prior express written consent of Maxion. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
21.3. Copyright infringement claims
21.3.1. In the event that you reasonably believe your work has been copied and posted on the Site in any way that constitutes copyright infringement, please contact us at connect@themaxion.com and include the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
(d) your contact information, including address, telephone number and email address, and the copyright owner’s identity;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
21.3.2. Maxion will terminate the accounts of repeat infringers.
22. GOVERNING LAW AND JURISDICTION
22.1. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (and in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
22.2. Any dispute, controversy or claim arising out of or in connection with the Site and these Terms of Use, including any question relating to the existence, validity, formation, termination or non-contractual obligations of the same, shall be referred to and finally resolved by the courts of the Abu Dhabi Global Market.
23. GOVERNING LANGUAGE
The official text of the Site and these Terms of Use and any notices given hereunder shall be in English. In the event of any dispute concerning the construction or interpretation of the Site and these Terms of Use, reference shall be made only to the Site and the Terms of Use as written in English and not to any translation into any other language.
24. ENTIRE AGREEMENT
These Terms of Use contain the whole agreement between the you and Maxion in connection with your use of the Site and use of an Account and supersedes all other discussions, documents or other agreements.
25. MISCELLANEOUS
25.1. These Terms of Use may only be modified by Maxion in accordance with the terms set out therein.
25.2. Any communication between you and Maxion under or in connection with these Terms of Use shall be in writing and by way of electronic means, whether you use the Site or send us emails, or whether Maxion posts notices on the Site or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from Maxion in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Maxion provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing. The foregoing does not affect your non-waivable rights.
25.3. Any notice or communication shall be deemed to have been received by email at 9.00 am (UAE time) on the next calendar day of the receiver after transmission.
25.4. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable laws.
25.5. These Terms of Use, and your rights and obligations herein, may not be assigned, novated subcontracted, delegated, or otherwise transferred by you without Maxion’s prior express written consent, and any attempted assignment, novation, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Maxion may freely assign these Terms of Use.
25.6. No failure to exercise or delay in exercising any right or remedy due to Maxion and provided under these Terms of Use or by law constitutes a waiver of such right or remedy, nor shall it prevent or restrict any future exercise or enforcement of such right or remedy by Maxion.
25.7. No single or partial exercise of any right or remedy by Maxion under these Terms of Use shall prevent or restrict the further exercise of that or any other right or remedy by Maxion.
26. YOUR COMMENTS AND CONCERNS
26.1 This Site is operated by Maxion Ltd, a limited liability company duly registered with the Abu Dhabi Global Market and licensed under commercial licence number 000009740, having its registered office at 1133 Register 11, 11th Floor, Al Maqam Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, UAE.
26.2. Any general feedback, comments, requests for technical support and other communications relating to the Site should be directed to connect@themaxion.com.