This Agreement constitutes a legal agreement between you (“you” or “User”) and Matic DMCC (“Matic” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.maticservices.com, as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile application(s) offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “Matic Platform”.
By using or registering with the Matic Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the Matic Platform.
Matic’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Matic Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
The cardholder (User) must retain a copy of transaction records and Merchant policies and rules.
- Your agreement that the Matic Platform is provided “as is” and without warranty (Section 13).
- Your agreement that Matic’s Money-Back Guarantee is limited to Payments paid by Requesters through the Matic Platform (Refund Policy)
- Your agreement to indemnify Matic from claims due to your use or inability to use the Matic Platform and/or Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Matic Platform (Section 14).
- Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 15).
- Your agreement that no claims can be adjudicated on a class basis (Section 15).
- Your consent to any modifications or amendments to this Agreement (Section 19).
- The Matic Platform and Background Checks.
- Background Checks. Matic checks the backgrounds of Professionals via third party background check services. However, each user should exercise caution and common sense to protect its personal safety and property, just as it would when interacting with any person whom it does not know.
- BY USING THE MATIC PLATFORM, YOU AGREE TO HOLD MATIC FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES, UNTIL AN INVESTIGATION IS CARRIED OUT ON BEHALF OF MATIC AND FEEDBACK IS COMMUNICATED WITH THE USER. THE INVESTIGATION PROCESS TAKES 20-30 WORKING DAYS AT MOST. MATIC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES, UNTIL THE INVESTIGATION IS COMPLETE.
- Personal Information; User Accounts.
- Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, PIN and account provided by you or us for accessing the Matic Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Matic may, in certain circumstances, enter your account to make changes that you request, such as rescheduling a Service appointment. Matic has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at care@Matic.ae or Tel. +97143215563. Nothing in this section shall affect Matic’s rights to limit or terminate the use of the Matic Platform, as provided below in section 3(b).
- Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
- Text Messages and Phone Calls. By providing your phone number and using the Matic Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and, if such phone number is a mobile number, for text messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text messages we send you. You may opt-out of receiving text messages from us by replying with the word “STOP” to a text message from us.
- Emails. Matic may send you confirmation and other transactional emails regarding the Services. Matic may also send you emails about services that we think might interest you (“Promotional Emails”). The Promotional Emails include an option for you to opt out of receiving such emails.
- Term and Termination; Cancellation of Services; Survival.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by Matic. We may terminate this Agreement or terminate or suspend your right to use the Matic Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Matic Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Matic Platform due to any Prohibited Conduct, we will refund in full any unused balance in your account. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Matic may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Matic Platform (provided that there are no outstanding Services ordered under your password or account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your password or account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by Matic.
- Policy for Service Cancellation by Requester. Matic’s cancellation policy for specific Services is as follows: Requesters may cancel their scheduled Service appointments through the Matic Platform at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Service appointment, there is no cancellation fee. If a Requester cancels less than 24 hours before a scheduled Service appointment, the Requester will be charged the full amount of the cancelled visit. This cancellation policy applies both for one-time Service bookings and for recurring Service appointments. A one-time Service appointment may be canceled through the Matic Platform or by speaking to our customer service over the phone. For recurring Services, the Requester must cancel by speaking to our customer service over the phone. Our customer service telephone number is +97143215563.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Service appointment, the Matic Platform generally makes the Requester’s Service request available for another Professional to select. However, Matic cannot guarantee that a canceled Service appointment will be selected by another Professional and rescheduled or that the Service request will be completed. Professionals who cancel a scheduled Service appointment may incur fees as provided in the Service Agreement.
- Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 7, 9 and 12-20, shall so survive.
- Community Areas. The Matic Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, “Community Areas”). All submissions made to Community Areas within the Matic Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Matic Platform, including without limitation that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information; (a) will comply at all times with this Agreement, including but not limited to Section 6 (Rules for Use of the Matic Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of its ISPs, customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the Matic Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Matic Platform. We reserve the right to remove postings from Community Areas in our sole discretion.
- Rules for Use of the Matic Platform. During the term of this Agreement, you may use the Matic Platform for your personal use only (or for the use of a person, including a company or other organization, that you validly represent). Requesters may use the Matic Platform to book Services solely with respect to a location where the Requester is legally authorized to have Services performed. Requesters may not use the Matic Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving Matic. Professionals agree to provide Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Matic Platform (including but not limited to any Community Areas) to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the Matic Platform or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Matic Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Matic Platform without express written permission from us.
- Use the Matic Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Matic Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the Matic Platform.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Matic Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Matic Platform in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Register to use the Matic Platform under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the Matic Platform or any content or material contained on the Matic Platform without Matic’s written permission.
- Employment and Withholding. Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of Matic. You acknowledge that we do not supervise, direct, or control a Professional’s work or Services performed in any manner. Professionals may wear a Matic badge or other Matic insignia purely for the purpose of identifying themselves as a service person contacted through the Matic Platform. Matic is not an employment service and does not serve as an employer of any User. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless and defend us from any and all claims that a Professional was misclassified as an independent contractor or an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claims that we were an employer or joint employer of a Professional, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Intellectual Property Rights. The Matic Platform, and the information, data, content and materials, which it contains (“Matic Materials”), are the property of Matic and/or its affiliates and licensors, excluding User-generated content, which Matic has a right to use. The Matic Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Matic and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Matic Materials. Any use of Matic Materials, other than as expressly permitted herein, is prohibited without the prior permission of Matic and/or the relevant right holder. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information regarding the Matic Platform, you hereby assign to Matic all right, title and interest thereto. The service marks and trademarks of Matic, including without limitation Matic.ae, matic.ae and the Matic logo are service marks owned by Matic. Any other trademarks, service marks, logos and/or trade names appearing on the Matic Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Matic Platform without the express prior written consent of the owner.
- Copyright Complaints and Copyright Agent. Matic respects the intellectual property of others, and expects Users to do the same. Matic will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Matic Platform infringe upon that person or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to Matic a properly submitted copyright notice as indicated below, Matic will investigate, and if it determines, in its discretion, that the material is infringing, Matic will remove the content and may terminate the access of the User who posted such content to the Matic Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Matic may find it on the Matic Platform. Please note: it is not sufficient to merely provide a top level URL.
- The complete name, address, telephone number and e-mail address of Complainant.
- A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law.
- A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Matic’s contact information for notice of alleged copyright infringement is:
Or via Mail:
Attn: Copyright Agent
POBox 215160, Dubai, UAE
- Modifications to the Matic Platform. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Matic Platform or any content or information on the Matic Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Matic Platform.
- Confidentiality. The term “Confidential Information” shall mean any and all of Matic’s trade secrets, confidential and proprietary information and all other information and data of Matic that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Matic and agree that you will not use Confidential Information other than as necessary for you to make use of the Matic Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Matic in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Matic upon termination of this Agreement for any reason whatsoever. The Matic Platform contains secured components that are accessible only to those who have been granted a user name and password by Matic. Information contained within the secure components of the Matic Platform is confidential and proprietary.
- Disclaimer of Warranties; Limitation on Liability.
- USE OF THE MATIC PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MATIC PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MATIC NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE MATIC PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE MATIC PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATIC PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES OR ANY PRODUCTS, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE MATIC PLATFORM OR THIS AGREEMENT. ACCESS TO THE MATIC PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER MATIC NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MATIC PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER MATIC NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE MATIC PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. MATIC AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
- NO LIABILITY. YOU AGREE NOT TO HOLD MATIC, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE MATIC PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MATIC OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL MATIC OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MATIC PLATFORM OR ANY SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. MATIC AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MATIC PLATFORM, THE SERVICES OR THIS AGREEMENT. SOME USERS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MATIC OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO MATIC DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
- RELEASE. MATIC AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE MATIC PLATFORM. THE MATIC PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE MATIC IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE MATIC AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- ADDITIONAL DISCLAIMER. NOTHING IN THIS AGREEMENT OR THE MATIC PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.BY USING THE MATIC PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE MATIC PLATFORM.YOU ACCEPT THAT, AS A CORPORATION, MATIC HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST MATIC’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE MATIC’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS MATIC.EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- Indemnification. You hereby agree to indemnify, defend, and hold harmless Matic, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use of or inability to use the Matic Platform and/or any Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the Matic Platform. Matic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Matic.
- Mutual Arbitration Agreement.
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Matic, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and Matic may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section 15 is your email address and/or physical address that you have provided to Matic. Matic’s address for such notices is: legal@Matic.ae and/or by mail to Matic DMCC, Attn: Legal, m-54, Curve Building, POBox 215160, Dubai, UAE.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Matic agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by Dubai Courts or DIFC Courts. Your arbitration fees and your share of arbitrator compensation will be governed by the Dubai Courts or DIFC Courts Rules. If you are unable to pay such costs, Matic will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement.
- Excluded Disputes. You and Matic agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
- Severability. You and Matic agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this section
- Governing Law; Jurisdiction. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
- Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
- General Provisions. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Matic with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within fifteen (15) days after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the Empost, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Matic. Matic’s address for such notices is: legal@Matic.ae and/or by mail to Matic DMCC, Attn: Legal, m-54, Curve Building, POBox 215160, Dubai, UAE. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Matic, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Matic shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Matic’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
- Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Matic Platform. Your continued use of the Matic Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
- Delivery Policy. Matic will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
- Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
- United Arab of Emirates is our country of domicile.
- Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
- If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- Contact Information. If you have any questions regarding this Agreement, please contact us at legal@Matic.ae or by mail at
JLT, POBox 215160, Dubai, UAE.