We offer services optimized for mobile devices. These services are available as a browser-based application as well as a native application for Ios and Android (“Services”). By visiting the website or the corresponding WAP site (“sites”) and/or registering the Services, you accept that you are entering into a binding contract with us governed by the Terms of Service and Privacy Policy.
Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of service as well as the Privacy Policy, please don’t use the sites or any of the services.
Full access to the Service can be provided by a fee-based subscription which can be purchased for different periods and will be automatically renewed if not cancelled. We grant our subscribers full access to the content as long as they have an active subscription.
The fees shall become due upon purchase of the subscription irrespective of whether or not you actually use the Service; the consideration for the fees shall solely be the provision of the right to download, receive and/or access the content.
In order to make the most out of our Service you must have the necessary mobile communication means with easy internet access. Some wireless applications are only available for a select number of mobile devices. This is an issue with its manufacturers, hence out of the control of Provider. To prevent any disappointment, we ask you to check with the compatibility of your device before subscribing to the Service.
For getting full access to a service you will be charged the applicable fees.
Subscriptions that have been purchased through the Site will be charge through the mobile bill you receive from the mobile operator of your network or through any other selected payment method.
All fees including fees existing for subscription contracts, are subject to change upon notice from Provider. Provider will provide you with reasonable notice of such change. If you do not accept the new fees, you may cancel your subscription.
In order to guarantee safe use of the Service, as well as payment of the applicable fees, you must be registered. You guarantee that your registered personal information is provided to us complete and correct at all times.
You are responsible for maintaining the secrecy of any password and/or account issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account.
We reserve the right to upgrade, amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension, or discontinuance of the Services.
You agree to use the Service in accordance with the following Code of Conduct:
Our use of your personal information is governed by our Privacy Policy. Our Privacy Policy forms an integral part of the Terms of Service, and by agreeing to the Terms of Service, you also give consent to the way we may handle your personal information.
You agree to indemnify, defend, and hold harmless Provider, its subsidiaries, related parties, affiliates, and their representative and employees from and against any and all claims, lawsuits, demands, actions, or other proceedings brought against it by any third party due to, arising out of or related to (i) the use of the service, the content, the downloads, without limitation, (ii) violation of the Terms of Service or (iii) violation of any law, regulation or third party rights.
Subscriptions that have been purchased through our Sites can be managed and canceled via those Sites.
As far as your country of residence allows us, we may use advertisements and promotions. As a condition to using the Services, you agree that we may display advertisements and other promotions on our sites and deliver advertisements and promotions on your mobile device or otherwise in connection with our Service. You also agree that you will not attempt to block or otherwise interfere with such advertisements or promotions.
We will not share your personal details with third parties without your consent. You have the right to ask us at any time not to contact you by way of direct marketing.
The inclusion of any advertising or promotion on our sites or in our Service does not constitute any endorsement by Provider of such content, product, service, or company. Provider shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that Provider is not liable for any damage of any nature whatever that may be the result of such transactions.
You are aware and agree that software used in connection with the Service, the Sites as well as the Services contain information and marks that is protected by valid and applicable copyright law, trade secret law, trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part of any version, belongs to us at all times (“Intellectual Property Right”).
You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service.
You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.
Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and transfer the Sites solely in accordance with the Terms of Service, as long as you do not copy, alter or amend any Software, source coders or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the software and the Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes. We aim to respect the intellectual property rights of others. If you are a copyright owner or authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe that any content on the Sites or Services infringes your copyright, you may submit Provider’s designated copyright agent a copyright infringement notification by providing the following information:
a) Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered on a single Site and/or Service, you may provide a list of the copyrighted works that you claim have been infringed;
b) Identify the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Provider to locate the material;
c) Provide your contact information so we can contact you with such as your address, telephone number and email address;
d) The statement that you have identified material on the Sites and/or Services which infringes your copyright;
e) The statement that you have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law;
f) The statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
g) Provide your full legal name and your electronic or physical signature.
Deliver the completed notification to us by e-mail: support@maguyfarahapp.com.
Upon receipt of the notification, Provider will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and/or Services.
If you are unsure about your rights in respect of the material, or whether there has been a copyright infringement, we suggest you take legal advice before sending a notification to Provider.
12. NO WARRANTY
WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (THE "PROVIDER PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. THE PROVIDER PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE CONTENT, SOFTWARE AND SITES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS;
b. THE PROVIDER PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, THE CONTENT, SOFTWARE AND SITES. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICE, THE CONTENT, SOFTWARE AND SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES WILL BE UNINTERRUPTED AND ERROR FREE;
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE;
d. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE THE CONTENT, SOFTWARE AND SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE PHONE, DEVICE OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE CONTENT, THIS SOFTWARE AND SITES; AND
e. WE ARE NOT RESPONSIBLE FOR ANY MISCHARACTERIZATIONS OR MISREPRESENTATIONS OF THE IDEAS OR FACTS AS PRESENTED IN THE CONTENT AND/OR SITES.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES, SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF PROVIDER'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROVIDER PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES.
14. GENERAL INFORMATION
These Terms of Service form the entire legal agreement and understanding between you and Provider and supersede all previous agreements, understandings and representations between you and Provider relating to the Sites or the Services. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service or the use of the Sites or the Services.
You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory right as a consumer.
15. GOVERNING LAW, JURISDICTION AND SEVERABILITY
National laws from your country of residence are applicable to the relationship between you and Provider, regardless of provisions of applicable international law. You and Provider hereby waive any right to jury trial with respect to any action brought in connection with the Terms of Service. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in these Terms of Service in no way constitutes a waiver or renunciation of those rights or stipulations.
In the event any provision of the Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.