These Terms and Conditions, together with all other documents referred to herein, set out the terms under which Services are sold and provided by us through mahimat.com.These Terms and Conditions apply as between you, the User of the Website and Mahimat Limited, the Website’s owner and operator. Please read these Terms and Conditions carefully and ensure that you understand them before opening an Account or subscribing to any Services from the Website. You will be required to read and accept these Terms and Conditions when opening and Account and ordering Services. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to open an Account or order Services through the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
This Website is owned and operated by Mahimat Limited, a limited company registered in England and Wales under company number 10378008, which may be contacted atPO BOX 72591.
In these Terms and Conditions, the following terms shall have the following meanings:
means collectively the personal information, payment information and credentials used by Users to access Paid Content, subscriptions and/or any communications System on the Website;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
means any Content that is accessible without the payment of a Subscription Fee;
means Content accessible only upon the creation of an Account and/or the payment of a Subscription Fee;
means collectively any online facilities, tools, services or information that we make available through the Website either now or in the future;
means the sum of money paid by Users at one month, 1 month, or 12 month intervals to keep their Account active and to enable them to access Paid Content;
means the period for which a subscription has been purchased and may refer to either 1 month, 6 months or 12 months accordingly;
means any online communications infrastructure that we make available through the Website either now or in the future.This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
means any third party that accesses the Website and is not employed by us and acting in the course of their employment; and
means the website you are currently using (mahimat.com) and any official apps of this site, unless expressly excluded by their own terms and conditions.
Subject to the exceptions in clause 5 below, all Content included on the Website (unless uploaded by Users), including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property or that of our affiliates.By continuing to use the Website you acknowledge that such material is protected by applicable laws.
Subject to the provisions of this clause 3, you may print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal purposes only, unless otherwise indicated on the Website. You agree thatyou will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given our prior written consent to do so.
Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription.You may use such Content for personal purposes only.
Under such a licence, you agree thatyou will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given our prior written consent to do so.
Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties.This Content, unless expressly stated to be so, is not covered by any permission granted by clauses 3 and 4 above to use Content from the Website.Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
The Website may contain links to other sites.Unless expressly stated, these sites are not under our control or that of our affiliates.We assume no responsibility for the content of such websites and disclaim liability for all forms of loss or damage arising out of the use of them.The inclusion of a link to another site on the Website does not imply our endorsement of the sites themselves or of those in control of them.
When using any System on the Website you should do so in accordance with the following rules:
you must not use sexual, obscene or vulgar actions, images or language;
you must not submit Content that is unlawful or objectionable –this includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
you must not post Content that is intended to promote or incite violence or hatred;
how you identify yourself must not violate these Terms and Conditions or any applicable laws;
you must not engage in any form of commercial advertising;
you must not impersonate other people; and
you must not use the System for sending unauthorised masscommunication such as ‘spam’ or junk mail.
You acknowledge that we reserve the right to monitor all communications made to us or using the System.
You acknowledge that we may retain copies of all communications made to us or using the System.
You acknowledge that any information you send to us through the System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
To access Paid Content on the Website and to use certain other parts of the System you are required to create an Account, which will contain certain personal details which may vary based upon the type of Account that you choose.By continuing to use the Website you represent and warrant that:
all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up-to-date.
Sharing of accounts is not permitted.You must keep your Account details confidential and must not reveal your username and password to anyone.If you use a shared computer, you should not save your Account details in your internet browser.
When choosing your username, you must adhere to the terms set out in clause 7 above.If you fail to do so, wemay suspend and/or delete your Account.
Subscription charges commence on the date you activate your subscription.Your credit/debit card will be billed on activation and thereafter until you cancel your subscription under clause 9.7.
Your first payment will be at the price advertised on the Website.We reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate. Changes in price will be reflected in your subscription on the date of the immediately subsequent renewal.
No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that we may, inour sole discretion, accept. Our acceptance is indicated when we send you a subscription confirmation email. Only once we have sent you a subscription confirmation email will there be a binding contract between us and you.
We send subscription confirmations immediately upon activation of a subscription.They will contain the following information:
confirmation of the subscription, including full details of the main characteristics of the Paid Content available through your subscription;
fully-itemised pricing for your subscription including, where appropriate, taxes and any other additional charges;
the applicable times and dates for your subscription (including the commencement, expiry and/or renewal date);
a confirmation of your express request that the Paid Content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed in clause 9.5; and
Additional information as necessary.
Provision of Paid Content shall commence immediately upon our confirmation of your subscription. When completing the subscription process, you will be required to expressly acknowledge that you wish the Paid Content to be available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with us as detailed in clause 9.6.
If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between us and you is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, the provision of Paid Content begins immediately upon our confirmation of your subscription. As set out in clause 9.5, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
You may cancel at any time after subscribing.However, subject to clause 9.8, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the current Subscription Period until your renewal date, whereupon access will cease unless you chose to pay the Subscription Fee and reactivate your subscription.
If you subscribe in error, you must inform us within 30 minutes of subscribing and must not use the Paid Content during that time. This provision also applies to automatic renewals of subscriptions that you may have forgotten to cancel. If we can trace any use of Paid Content during this time to your Account, no refund will be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.
All prices on theWebsiteincludeVAT. If the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
Either you or we may terminate your Account and (where relevant) your subscription.If we terminate your Account and/or subscription, we will notify you by email and an explanation for the termination will usually be provided.Notwithstanding the foregoing, we reserve the right to terminate your Account and/or subscription without giving a reason.
If we terminate your Account and/or subscription because of your breach of these Terms and Conditions, you will not be entitled to any refund.
If we terminate your Account and/or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee.Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
If we terminate your Account and/or subscription, you will cease to have access to Paid Content from the date of termination.
If you terminate your Account and/or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period.
We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.
Whilewe use every reasonable endeavour to ensure that all information provided on the Website is accurate and up-to-date, we make no warranty or representation that this is the case.We make no guarantee of any specific results from the use of our service.
No part of the Website is intended to constitute advice and you should not rely on the Content when making any decisions or taking any action of any kind.
Commercial use of the information on the Website is not permitted. If you use the information commercially,we make no representation or warranty that the Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
When providing PaidContent to consumers, we must provide digital content that is of satisfactory quality, fit for any purpose made known to us and in accordance with any descriptions we give you. This includes any Paid Content we may subsequently modify. If we fail to comply with our legal obligations, consumers may be entitled to certain legal remedies, including replacement services or a price reduction. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
Whilewe exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, we strongly advise you to take responsibility for your own internet security and that of your personal information and your computer or device.
If, because of our failure to exercise reasonable care and skill, any digital content from theWebsite damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details, please contact your local Citizens Advice Bureau or Trading Standards Office.
We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, legal restrictions or censorship.
We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content. Where any Paid Content is made unavailable and you are entitled to a refund, we will pay that refund within 14 days, using the same payment method you originally used. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ACCEPT NO LIABILITY TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER FORESEEABLE OR OTHERWISE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE WEBSITE OR THE USE OF OR RELIANCE UPON ANY CONTENT ON THE WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES (WHETHER EXPRESS OR IMPLIED) THAT MAY APPLY TO THE WEBSITE OR ANY CONTENT ONIT.
WE ACCEPT NO LIABILITY FOR LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; LOSS OF ANTICIPATED SAVINGS; BUSINESS INTERRUPTION; OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
WE EXERCISE ALL REASONABLE SKILL AND CARE TO ENSURE THAT THE WEBSITE IS FREE FROM VIRUSES AND OTHER MALWARE. SUBJECT TO CLAUSE 14.7, WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM A VIRUS OR OTHER MALWARE, A DISTRIBUTED DENIAL OF SERVICE ATTACK OR OTHER HARMFUL MATERIAL OR EVENT THAT MAY ADVERSELY AFFECT YOUR HARDWARE, SOFTWARE, DATA AND/OR OTHER MATERIAL THAT OCCURS BECAUSE OF YOUR USE OF THE WEBSITE (INCLUDING THE DOWNLOADING OF ANY CONTENT FROM IT) OR ANY OTHER SITE REFERRED OR LINKED TO ON THE WEBSITE.
WE NEITHER ASSUME NOR ACCEPT RESPONSIBILITY OR LIABILITY ARISING OUT OF ANY DISRUPTION OR NON-AVAILABILITY OF THE WEBSITE RESULTING FROM EXTERNAL CAUSES INCLUDING, BUT NOT LIMITED TO, ISP EQUIPMENT FAILURE, HOST EQUIPMENT FAILURE, COMMUNICATIONS NETWORK FAILURE, NATURAL EVENTS, ACTS OF WAR, LEGAL RESTRICTIONS OR CENSORSHIP.
Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other forms of liability that cannot be excluded or restricted by law.
If any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
If any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
If there is any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party.The agreement created by these Terms and Conditions is between you and us.
All notices or communications must be given to us either by post to our registered office address set out above, or by email to firstname.lastname@example.org . Such notice will be deemed received 3 business days after posting (if sent by first class post), the day of sending (if the email is received in full during business hours on a business day)or on the next business day (if the email is sent outside of business hours on a weekday, at the weekend or on a public holiday in England).
If you opt to receive it, we may from time to timesend you information about our services.If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email you receive from us.
We may transfer (or assign) our obligations and rights under these Terms and Conditions to a third party. (This may happen, for example, if we sell our business). If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
You may not transfer (or assign) your obligations and rights under these Terms and Conditions without our prior written consent to do so.
We may revise these Terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be posted on the Website and you will be deemed to have accepted the new terms on your first use of the Website following the alterations. We recommend that you check this page regularly to keep up-to-date.
These Terms and Conditions and the relationship between you and us are governed by, and shall be construed in accordance with, English law.
Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.