General Terms and Conditions
- By using the Platforms you also agree to be additionally bound by any terms and conditions as published on the Platforms, including but not limited to terms and conditions set out in the Safety Guidelines and the MPB Pawcautions, which are applicable and hereby incorporated by reference into these Terms, in absence of such clauses in these Terms. The Services offered are subject to acceptance of all of the Terms and all other operating rules, policies, and procedures that may be published on the Platforms by MPB, all terms of which are incorporated by reference herein and may be updated at any time by MPB without notice. Therefore, each time each User accesses the Platforms, such User is advised to review the Platforms for any changes in terms and contact MPBor your legal advisor with any questions or clarifications. The use of the Platforms or any Services means binding acceptance of the Terms which apply and are in force at such time when you access the Platforms or such Services. We therefore recommend that you periodically review these Terms for any changes or updates. In the event of a conflict between any other agreement and the Terms, the Terms shall control.
- Users are all persons or legal entities that make use of the Platforms or related Services including but not limited to pet owners and pet enthusiasts (“Users”). The Platforms are owned and operated by MPB, and are made available to Users as an online community designed to bring pets and pet enthusiasts together to form real life connections that benefit pets, pet owners and pet enthusiasts in local communities, as well as offering use of third party services through our partners from time to time (the “Purpose”). MPB accepts no liability in respect of any pet, individual or third party service provider listed on the Platforms. MPB is purely a platform that allows pet owners and pet lovers to meet and provide opportunities to socialize their pets. MPB takes no responsibility whatsoever of the suitability, health, whether physical or mental, of any pet for listing on the Platforms. please keep all communications between yourself and any users on the platforms. this is to keep you and your pet (if applicable) safe and secure. all users must use the platforms with caution before meeting any other users or pets. mpb takes no responsibility whatsoever for consequences of any meeting. please use common sense and caution in any meeting, being aware of the inherent uncertainty in dealing with animals. pet owners must take appropriate precautions, for example keeping all pets leashed and handled in accordance with applicable laws and following the recommendations set out in the safety guidelines and mpb pawcautions.
- while mpb undertakes simple verification procedures to ascertain basic information of paid users, mpb accepts no responsibility, and you agree to discharge and release mpb from all liability relating to, consequences, either direct or indirect, resulting from interactions with other users on our platforms. it is your sole responsibility to undertake your own verification procedures to ensure the safety of yourself and any pet. for such verification, mpb recommends users to obtain residence identification information from all users they interact with on the platforms. you agree that mpb’s use of “verified” stickers for its paid users represents only that mpb has undertaken basic verification solely to determine the name of the user. no other warranty nor comfort is provided to any user from such use of the “verified” stickers.
- Services may be offered or provided by us or by one of our affiliates. The use of certain Services offered through the Platforms may be subject to specific terms and conditions which may substitute, complete and / or modify these Terms. Therefore, prior to the use of such Services, you must also carefully read and accept the corresponding terms and conditions for those Services. For the avoidance of doubt, we are not responsible in respect of any services offered by third party service providers and it is recommended all Users read and understand any terms and conditions for such third party services.
- Only natural persons above the age of 18 may have the right to use the Platforms. Corporate entities are strictly prohibited from accessing the Platforms. You are not eligible to use the Platforms or related services if you are under 18 years of age. You are not eligible to use the Platforms or related services if you have previously been suspended from using the Platforms or related services for any reason until such time as a formal approval is granted by us to resume using the Platforms or related services. We reserve (at any time, for any reason, without liability) the right to refuse use of the Platforms or related services and to stop, cancel, pause, or delete any profile, content or posting.
- By using the Services, you are deemed to accept these Terms and any additional terms and conditions which specifically apply to the Services. If you do not agree to this, you may not use the Platforms or receive any of the Services.
- Some parts of the Platforms shall only be accessible to verified and paid Users. You can access your account by entering your username and password into the login fields on the applicable homepage of the Platform. It is your sole responsibility to keep your registration data secure. You agree to notify us immediately if your account becomes compromised. We reserve the right to terminate your account at any time due to breach of any portion of the Terms. In the case of non-compliance with the Terms or any other applicable policy and regulation, your profile, account and/or postings may be temporarily suspended or permanently terminated, immediately and without notice, and without any liability to us. By using the Platforms you agree that your personal identification information, including your mobile phone number and address (which is kept private by MPB under the terms of the Privacy and Security Policy) is kept active and up-to-date at all times, and in the event of any change to such details, such identification details shall be updated accordingly within your personal profile no later than 24 hours of such change. In the event of a your relocation of residence away from the UAE, you agrees you shall inform MPB no later than 24 hours prior to the date of relocation for MPB to place your account on suspension indefinitely or for subscription cancellation.
- By registering on the Platforms, you give your valid consent to the Terms and all other documents and policies governing your relationship with MPB. The use of an electronic version of the Terms fully satisfies any requirement that such documentation be provided to you and/or signed in writing, and the electronic version of the Terms is considered to be the true, complete, and enforceable record of our agreement, admissible in judicial or administrative proceedings as if the documents and records were in printed form.
- MPB will cooperate with law enforcement authorities as required by applicable law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Platforms or related services when requested.
- MPB offers annual payment plans for Users’ memberships in two subscription categories, either as a “pet owner” or a “pet buddy”. Users may pay online with a valid credit card or via Inovate Technologies FZCO. Subscription shall be automatically renewed at the end of each subscription term, unless the User provides notice prior to the date of expiry of cancellation of subscription.
- We accept payment by Visa or Mastercard debit and credit cards in AED for its products and services.
- Cardholder must retain a copy of transaction records and www.mypetbuddy.com policies and rules.
- Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.
- We will not trade with or provide any services to OFAC and sanctioned countries.
The Platforms provide a meeting place for Users with access to various services, tools and facilities including:
- for Users who own pets, the Platforms facilitate the creation of a pet owner's profile or “Pawfile”, containing general information about their pets’ and their pets’ likes and dislikes, breed, photos, pet ID and registration and date of birth. Such Users’ must be the legal owners of a pet for which they create a “Pawfile”;
- for Users who are not pet owners, the Platforms facilitate the creation of a “Buddies Profile”, containing personal information and requisite information in relation to pets; and
- access to a searchable database of the Pawfiles and the Buddies Profiles (together, the “Profiles”).
- Every User’s MPB membership shall include functionality to include up to six pets on the Platforms. In the event any User has more than six pets this wish to include on the Platforms, please reach out to us at [email@example.com].
- At this time MPB only allows cats and dogs as pets on the Platforms.
- Each User agrees that certain information contained in the publicly available Profiles, such as User photos or photos of User’s pets, may be used by MPB elsewhere on the Platforms in accordance with the Privacy and Security Policy.
Your use of the Platforms
You agree that you shall not:
- use the Platforms in connection whatsoever with any breed of pet that is not legally allowed to be in the UAE or any Emirate thereof, or any pet that has been the subject of an illegal trade under the laws of the UAE or any Emirate thereof;
- breach any applicable laws in the UAE or any Emirate thereof, including any municipal laws and regulations in place at anytime;
- use the Platforms (or any part of the Platforms) to upload or transmit content that is illegal, or to conduct illegal activities under any applicable law;
- upload or transmit content to the Platforms (or any part of the Platforms) that does not meet the quality standards established by us subject to our sole and absolute discretion;
- upload or transmit content to the Platforms (or any part of the Platforms) that violates the fundamental rights of individuals, is discourteous, offensive or that does not meet our guidelines on what is appropriate subject to our sole and absolute discretion;
- use the Platforms (or any part of the Platforms) for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity under any applicable law;
- upload, transmit or otherwise disseminate through the Platforms (or any part of the Platforms) : (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (ii) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or needless anxiety, or have the effect of being harassing, threatening, abusive or hateful or that may otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, as determined under our sole and absolute discretion; or (iii) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner for such usage), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- use the Platforms (or any part of the Platforms) in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Platforms is in any way impaired, including, without limitation, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”;
- send unsolicited e-mail, including promotions or advertising of products or services; or
- access or attempt to access any part of the Platforms that you are not authorized to access and you shall not penetrate or attempt to penetrate any of the Platforms’ security measures.
- You must be at least 18 years old to register for an account on the Platform. By registering for an account, you warrant that you are at least 18 years old.
- If you are a pet owner, your pet must have an age of at least four months. By registering for an account, pet owners represent and warrant that their pet(s) has/have an age of at least four months Additionally every User that is a pet owner must warrant that their pet is healthy and has received all inoculations and healthcare required and recommended for their pet to be socializing with other pets and persons as set out in the Safety Guidelines and MPB Pawcautions. Every User that is a pet owner must take full liability for any breach of this clause.
- By using the Services, you acknowledge and agree that with respect to (i) any abandoned pets and (ii) any abductions of pets, in each case are not MPB’s responsibility, and such responsibility is borne solely by the applicable pet owner, enthusiast or persons who are reasonably assessed to have brought the pets to any location, and you hereby release and discharge MPB from any liability relating thereto.
- You must not include any contact details (including phone number, address or email address) in your Profile. We reserve the right to amend or delete your Profile for the purpose of removing this information. Communications should be done only via the Platforms for the safety of all Users.
- We reserve the right to charge and/or vary the fees for the Services in accordance with these Terms. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Platforms after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account or credit/debit card on record (which you hereby expressly authorise us to do).
In using the Platforms, you agree not to:
- communicate or schedule meet-ups outside of the Platforms;
- send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- use any information, data or concepts whatsoever obtained from the Platforms in any manner for commercial use;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
- advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the Platforms in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party's use and enjoyment of the Platform;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platforms through hacking, password mining or any other means; or
- accept or seek payment from another User. In particular, you agree that you will not use the Platforms to make financial gains (whether pecuniary or otherwise) when taking care of a pet. We have no obligation to monitor the Services but shall be entitled to review content transmitted via the Platforms and, at our sole discretion, to remove any content that breaches these Terms or is otherwise objectionable. MPB shall not be involved in any manner with any private agreements between Users.
- The Platforms may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that MPB is not responsible for the content or availability of any such sites.
- You acknowledge that the Platforms have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platforms meet your requirements. You assume full responsibility for results obtained from the use of the Platforms, and for conclusions drawn from such use.
- If you arrange to meet any User through the Platforms, the obligations arising in relation to the meeting(s) are directly between you and the other User and we will have no responsibility to you in connection with these meeting(s), including the cancellation or delay of any the meeting(s) or any dispute between you the other User about the meeting(s). As such, and by way of example, in the event of your pet or any individual suffering injury, illness or death as a result of any act or omission of any other User (or any other person), pet, you (as a pet owner) having any complaint about the quality of the other User’s treatment of your pet, or you (as any other type of User) having any complaint about the quality of the pet owner’s treatment of their own pet, or you having any other complaint at all about any User you have partnered with, you acknowledge that your sole right of redress will be against that person. You agree to take all necessary precautions when communicating with or meeting other Users.
- We only allow use of the Platforms for domestic and private use. You agree not to use the Platform for any commercial, business or re-sale purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- You agree that, in the event that you have any right, claim or action against any User of the Platforms arising out of that User's use of the Platforms, you will pursue such right, claim or action independently of, and without recourse to, us. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, communications or website links posted via the Platforms or endorse any opinions expressed via the Platforms, including but not limited to those contained in any discussion forums on the Platforms. You understand that by using the Platforms, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will MPB be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Platform or broadcast elsewhere. The Platforms may include content such as advertisements or other content which may be targeted to Users on the Platforms, queries made through the Platforms or other information, and MPB shall not accept any liability for the placement of any such advertising or similar content on the Platforms or in connection with the display of content on the Platforms whether submitted by you or others. Users agree that any reliance upon any content or information distributed through, posted on, or accessed from the Platforms is at your sole risk.
Acceptance of these Terms and/or any specific terms and conditions for use of any Services, implies your express authorization for us to send you the electronic communications indicated in the following paragraph to your home address, mobile phone and/or email address, or such other contact information we may have collected from you. Such authorization includes sending commercial and advertising communications related to products and services from us and other Platforms related to the Platforms as well as third parties and their Platforms (including our affiliates). We currently send the following communications via email or mobile notification (together “Electronic Communications”):
- suggestions and alerts regarding pets and pet-lovers;
- newsletters including such information as, but not limited to, tips for pet health and pet trends; and
- commercial communications (for advertising, market research and commercial prospects).
- Users may notify us at firstname.lastname@example.org to enable or disable service of Electronic Communications. Notwithstanding the foregoing, any user may receive certain communications from MPB that MPB deems material in its sole discretion.
- By completing and sending the electronic registration form you consent to us sending Electronic Communications related to pets. Sending these Electronic Communications will be done, in any case, by us without advertising companies or beneficiaries of advertising actions having any access to individual’s personal data.
The following terms shall additionally apply specifically to Users that are verified Users:
Your registration and right to cancel
- In order to register and set up your account you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Platforms, we may require you to change your password or we may suspend your account.
- Once you have registered, you may update your contact details, remove your profile from the Platforms or unsubscribe from public forums by accessing your profile section of the Platforms.
- You agree to ensure that your details provided on registration, and any information submitted through your account is true and not, in any respect, inaccurate, misleading, deceptive or likely to mislead or deceive.
- You agree to notify us immediately of any changes which are relevant to your registration by informing us through the Platforms where possible or otherwise by contacting us by email at: email@example.com.
- You may unsubscribe to the Platforms at any time by clicking on [Insert description of link to unsubscribe] to suspend or cancel your account’s subscription from the Platforms.
- Subscription to the Platforms are an annual commitment. No refunds are provided for any cancellation prior to the expiry of a subscription term, except that within  days of the commencement of the first subscription term for any User, such User shall be permitted to cancel the subscription with a full refund which shall be processed within  days of the date of such permitted cancellation.
- Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.
You will not be entitled to a refund as set out above if:
- you purchased third party services on the Platforms;
- you have used any communication tool provided in respect of any third party services;
- you have exchanged, or given or received, contact details for another User, either via the Platform or subsequent to exchanged messages on the Platform;
- your membership is a renewed or repeat membership or, for some other reason, it is not the first time you have subscribed to MPB (regardless of the email address used for registration purposes); or
- you have violated these Terms.
Our rights following registration
- By providing us with your personal information on registration, you agree that we and our affiliates may contact you during normal business hours by phone or email or other appropriate means regarding your account.
- We reserve the right to make inactive or delete at any time and without prior notice any content on the Platforms. In the event that we make inactive, or delete, any of your content on the Platforms we shall use reasonable endeavours, but are not obliged, to contact you in advance.
- We reserve the right to remove any content (including without limitation any profile or information relating to any posting) which we deem to be inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard, in our absolute and sole discretion.
- We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms or under any other terms and conditions which apply to any Services provided to you, or otherwise at our absolute and sole discretion.
- We reserve the right, at our absolute and sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your content from the Platforms and immediate termination of your registration with or without ability to access the Platforms and/or any service provided to you by us, upon any breach by you of the Terms or any other terms and conditions applicable to your use of any services provided by us or any of our affiliates, if we are unable to verify or authenticate any consent you submit to the Platforms.
As a verified User you will have access to the following services:
- to be capable of being searched for (according to the level of privacy selected) by other Users looking for pets, pet owners or pet enthusiasts in their local community;
- to be capable of being contacted for pet meet-ups, other pet-related social events and pet-related matters;
- updated online notifications of promotions related to pets; and
- other services that we create and consider of interest to you as advice, training, forums, access to third party services or those offered by other companies and third parties.
- As a verified User you will have access to the following services:
Intellectual Property Rights
- You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the Platforms shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
- You acknowledge and agree that the material and content contained in the Platforms is made available for your personal, non-commercial use only. Any other use of the material and content of the Platforms is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, save, modify, reproduce, transmit, publish, display, distribute or use for any purposes, whether commercial or non-commercial, the Platforms or any software and information contained within the Platforms without our permission, except to the extent necessarily required in order for you to display, use and navigate the Platforms. You agree not to decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, commercially exploit or create derivative works from the Platforms.
- By submitting information, text, photos, or other content to us via the Platforms, you grant us a right to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Platforms. By submitting any content to the Platforms, you grant us and our affiliates a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right and license to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such content.
- The texts, designs, images, audio, databases, logos, structure, trademarks and other elements of the Platforms are protected by intellectual property rights and industrial rights of us and / or third party owners who have duly authorized their inclusion in the Platforms.
- All intellectual property rights related to the Services and / or the Platforms remain the property of us or our affiliates or third parties who have licensed the use of such rights.
- You may not reproduce, copy, modify, adapt, publish, transmit, distribute or otherwise commercially exploit any material which is the subject of intellectual property rights related to the Services and / or the Platforms.
Links to and from other websites
You may establish links to the Platforms from locations outside the Platforms provided:
- where linking to the website, you link only to the home page of the website;
- you do not remove or obscure, advertisements, the copyright notice or other notices on the Platforms;
- you give us notice of such link by sending an e-mail message to us at firstname.lastname@example.org;
- you do not link from a site or service that could be construed as distasteful or offensive (in our absolute and sole discretion) or a site which infringes any third party intellectual property rights; and
- you immediately cease establishing links to the Platforms, and remove such links, if notified by us to do so.
- We may provide links to other external or third party websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites or resources, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
- You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing any or all of the content on the Platforms (by spidering or otherwise) and you may not frame, harvest or scrape any of the content on the Platforms or otherwise access such content for similar purposes.
Warranties and Limitation on Liability
- We do not accept any liability for damage to your computer system or loss of data that results from your use of the Platforms and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
- Whilst we will use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Platforms will be free from errors or omissions.
- Whilst we will use reasonable endeavours to ensure a reasonable standard of integrity and reliability of the Platforms, we do not warrant that the Platforms will be available uninterrupted and in a fully operating condition.
- Access to the Platforms may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
- The Platforms are provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Platforms, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
- We will co-operate with any competent law enforcement authorities or court order requesting or directing us to disclose information about you or your use of the Services. There may be other circumstances in which we may, in our reasonable discretion, disclose information about you or your use of the Services following a request to do so by legal counsel in good faith in relation to a dispute with you or a third party.
- In the event of any dispute between Users, MPB shall not be involved in any manner except as may be required under applicable law. In the event of any dispute due to a defaulting User, MPB may, in its sole discretion, provide the party’s contact information, and any other information that may be of assistance, to the other party. Any defaulting party shall respond promptly and truthfully to all questions posed by such non-defaulting party. The defaulting party shall work with the non-defaulting party to reach a mutually satisfactory resolution. MPB may halt any posting, temporarily or permanently, in the event that the information any party provides at any time to the other party is deemed to be false, misrepresentative, fraudulent, unsubstantiated or in any way imperils the operation, safety or integrity of the Platforms or related services or its Users.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Services, or the use by any other person accessing the Services using your account.
Security and Privacy
We have the right, but not the obligation, to monitor any activity and content associated with the Platforms. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Platforms).
- We do not warrant that (i) the Platforms and / or Services will be available at all times, and that (ii) the Platforms will be free of errors, viruses and / or other harmful applications.
- We try to ensure continuous availability of the Platforms and all Services, but accept no responsibility for the consequences of interruptions or delays, however caused.
- We may alter the design and specification of the Platforms or the nature of the Services at any time.
- We are in continuous evolution and are continuously developing new services, tools, designs, features and functionality that add value to our users. We may withdraw or add available Services from time to time.
- You recognize that technically it is not possible to reach 100% performance and availability from the Platforms. We will endeavour to keep the Platforms as fully available as possible, however for reasons such as maintenance, security or capacity and upon the occurrence of events over which we cannot influence (including but not limited to anomalies of public communication networks, power outages or other reasons) brief anomalies or temporary suspension may occur interrupting access to the Platforms or any of the Services in general.
If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining parts of these Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of these Terms.
Third Party Rights
Except insofar as these Terms expressly provide that a third party may in their own right enforce a term of these Terms, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms but this does not affect any right or remedy of a third party which exists or is available apart from under such statute.
Governing Law and Jurisdiction
- You agree to maintain strict confidentiality of any data or information provided by us to you, to which you have access and / or which comes to light as a result of your use of the Platforms or our Services, including all information relating to technical expertise, know-how, methodologies, products, services, customers or our business activities and you will not allow such information to be transferred or made accessible to third parties without our express authorization ("Confidential Information").
- You shall not use any Confidential Information except in connection with the performance of the Services provided to you by us, or make any announcement relating to our provision of any Services to you, without our prior written approval.
- This obligation of confidentiality will be extended to your staff and / or any other person involved in your receipt of the Services.
- The confidentiality obligations set out in this clause shall remain in force during the term of this agreement, and subsist indefinitely.
- We declare that the personal data obtained under these Terms has been obtained under conformity with applicable law to solely use the data for the purpose for which data is delivered.
- You shall be solely responsible for your compliance with any obligations regarding data protection in accordance with applicable laws relevant to your jurisdiction.
- Please review our Privacy and Security Policy for specific terms relating to data protection.
- The content, layout, usability and format of the Platforms may vary solely and exclusively at our discretion.
- We do not guarantee that a chargeable Service will remain chargeable or that a free-of-charge Service will remain free-of-charge.
- By submitting content to the Platforms, or otherwise to us, you grant us and our affiliates a perpetual, irrevocable, royalty-free, non-exclusive, right and license to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative work from such content. We reserve the right to inactivate or delete at any time and without notice, any content. Any acceptance by us of any content depends on the nature of the content, according to the Terms. If we disable or delete any content submitted by you, we will use reasonable endeavours to, but are not obliged, to contact you in advance.
- We reserve the right, at our sole and absolute discretion, use all our legal remedies, including but not limited to, the removal of any content from the Platforms and immediately terminate your registration with or without the ability to access the Platforms and of the Services, if we are unable to verify or authenticate content sent to our Platforms or otherwise provided to us.
- We will use reasonable endeavours to publish all content submitted by you to us on the required date and relevant order but we do not accept any responsibility for any error or delay in publication or rejection of publication of content, for whatever reason.
- We are not responsible for the publication, change, deletion, delay in publication or deletion of any content required by any competent authority with jurisdiction and responsibility for regulations on electronic and online advertising (including without limitation the authority of any government authority relating to advertising standards).
- We are not responsible for the accuracy or reliability of the information contained in the profiles on our Platforms.
- Save unless otherwise stated in writing and agreed with us, no protection or assurances against proximity to competitors on the Platforms is given by us.
- In the event our publication of the Platforms is restricted, curtailed or prevented by any law, regulation, guideline, code or any other act or thing beyond our control, we may at any time, notwithstanding anything contained in these Terms or any other terms and conditions applicable to the specific Services, terminate the Services in whole or in part without prejudice to our right to be paid by you any monies due at the date of such termination.
- We reserve the right to forward contact details to any regulatory authority (including any law enforcement) when we are so required. We may also forward your contact information when a complaint regarding your use of the Platforms or any of our Services appears and provided that such use is deemed inconsistent with these Terms or other applicable terms and conditions. Subject to this clause and others that may be required by law, we will not disclose your registration details to any third party without your consent.
- We shall have no liability for any delay in or failure to perform any or all of our obligations under these Terms if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control including, without limitation, industrial disputes (where caused by events or circumstances which are themselves beyond our reasonable control), nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of counterparties or sub-contractors.
- Any notice given under these Terms shall be in writing and served by hand, prepaid, recorded or special delivery post or prepaid international recorded airmail to the relevant addressee at the address given as part of the registration process, or such other address as the relevant party may designate to the other in writing from time to time. Any such notice shall be deemed to have been served at the time of delivery. For the avoidance of doubt, notice given under these Terms shall not be validly served if sent by email.
If you have any questions about these Terms or any other terms that apply to the Services that we offer you can write to us at email@example.com.
- We treat any data collected by cookies as strictly confidential and we comply with all applicable laws with respect to our treatment and use of any such data.
- We do not use "spamming " techniques and only process the data that you transmit through the electronic forms on the Platforms.
What are cookies and how does MPB use them?
- We work with other websites that also may store cookies in our Users’ computers. These websites include but are not limited to [Visual Website Optimizer, Facebook and Google Analytics].
Disclaimer of warranty
to the fullest extent permissible by law, the platforms and its content (including without limitation any information, documents, forms, resources, or referrals contained thereon or therein) are provided “as is” and without warranty of any kind. users assume the risk of any and all damage or loss from the use of the platforms or the content. to the maximum extent permitted by law, mpb expressly disclaims any and all warranties, express or implied, regarding the platforms and the content, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. mpb and its affiliates and each of its affiliates’ directors, employees, managers, agents, contractors, partners, suppliers, and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the platforms is free of viruses or other harmful components; or (d) the results of using the platforms will meet your requirements. your use of the platforms is solely at your own risk.
Users represent and warrant that all content provided to the Platforms meet certain standards to ensure the quality of the Platforms and the integrity of its platform. To this end, as applicable, materials submitted by Users shall:
- contain all accurate and true information for completion of required fields and data;
- not contain any untrue statement of a material fact or omit to state a material fact;
- present a complete and accurate view of any posting; and
- generally exercise the utmost courtesy appropriate to the Platforms.
- [our platforms are compatible with most popular browsers and follow the [html 4.01 (loose) and css 2.1 w3c] standards. if your browser is not supported, you can access the website but you may have some display problems.]
- MPB or its licensors own and retain all proprietary rights in the Platforms, its logo, and all material and information posted thereon. The Platforms contain the copyrighted material, trademarks and other proprietary information of MPB and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any content or other such proprietary information, or otherwise copy or transmit any content or other such proprietary information without the express written permission of MPB.
- MPB will remove infringing material if properly notified that such content infringes copyright.
By accessing the Platforms, and by consenting to the Terms, you shall defend, indemnify, and hold harmless MPB its affiliates, and each of its affiliates’ directors, employees, managers, agents, contractors, partners, attorneys, and suppliers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Platforms and content, violation of the Terms, violation of any law, rule or regulation, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. MPB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with MPB in asserting any available defenses. This defense and indemnification obligation will survive any expiration of any Terms and your use of the Platforms.
Limitation of Liability
in no event shall mpb, its officers, directors, employees, partners, suppliers, content providers, attorneys, or agents, be liable to you under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service, for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
- lost profits, data loss, cost of procurement of substitute goods or services (however arising);
- errors, mistakes, or inaccuracies of content;
- offensive, indecent, or objectionable content from a variety of sources to which you are exposed by using our service. mpb is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content;
- defamatory, offensive, or illegal conduct of any third party;
- unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- losses caused by any unauthorized use of your account. you may be liable for the losses of mpb or others due to such unauthorized use;
- interruption or cessation of transmission to or from our services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not mpb is advised of the possibility of such damages; and
- decisions or interactions resulting (directly or indirectly) from participations in the services offered on the platforms.