Terms & Conditions
Last updated March 30th, 2022
AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cléome Solutions FZCO, doing business as Cléome Solutions (“Cléome”, “we”, “us”, or “our”), concerning your access to and use of beenaya as well as any other media form, media channel, mobile website, software, or mobile application related, linked, or otherwise connected thereto (collectively, the “beenaya”). You agree that by visiting beenaya or subscribing to beenaya, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING BEENAYA AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of beenaya after the date such revised Terms of Service are posted.
The information provided on beenaya is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access beenaya from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
beenaya is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for beenaya.
INTELLECTUAL PROPERTY RIGHTS Copyright
beenaya, including all content included on our user interfaces, or delivered to members as part of beenaya, including, but not limited to, source code, data compilations, and software, are the property of Cléome Solutions and its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. While beenaya include open-source software available for free, the compilation of all content and any software or other materials provided by Cléome Solutions, or in connection with beenaya are the exclusive property of Cléome Solutions and its licensors and are protected by the copyright and trade secret laws in the territories in which beenaya operate and by international treaty provisions. Content shall not be reproduced or used without express written permission from Cléome Solutions or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from beenaya, not to insert any code or product into or manipulate the content of beenaya in any way, and not to use any data mining, data gathering or extraction method. Cléome Solutions reserves the right to terminate your membership hereunder if Cléome Solutions, in its sole and absolute discretion, believes that you are in violation of beenaya software restrictions, restrictions against copying beenaya provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of beenaya and its licensors. Cléome Solutions does not promote, foster or condone the copying of third-party products or categories or any other infringing activity. While the use of beenaya, including demos of online stores, store products and services, are for your commercial use, such items proprietary to third parties are not.
Trademarks
beenaya is a registered trademark of Cléome Solutions. The beenaya logo and beenaya.com are trademarks or service marks of beenaya. beenaya, including but not limited to their graphics, logos, page headers, button icons, scripts and service names constitute trade dress of beenaya and its licensors. The trademarks, service marks and trade dress of beenaya may not be used or reproduced without prior written approval from Cléome Solutions and its licensors and may not be used in connection with any product or service that is not affiliated with Cléome Solutions, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Cléome Solutions and its licensors, or in any manner that disparages or discredits Cléome Solutions and its licensors. Other trademarks that appear on the beenaya website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cléome Solutions. Any images of persons or personalities contained on the beenaya website and user interfaces are not an indication or endorsement of Cléome Solutions or any particular product or our service unless otherwise indicated. Cléome Solutions and its licensors holds patents pending that apply to beenaya.
USER REPRESENTATIONS
By using beenaya, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access Beenaya through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use beenaya for any illegal or unauthorized purpose; and (7) your use of beenaya will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of beenaya (or any portion thereof).
USER REGISTRATION AND IDENTITY PROTECTION
You are required to register with beenaya. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
The member who created the beenaya account and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over beenaya. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your beenaya account. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions.
Where possible, users of public or shared networks should log out at the completion of each visit. If you find that you are a victim of identity theft and it involves beenaya account, you should notify us at support@beenaya.com. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to your Account in beenaya and not through a hyperlink in an email or any other electronic communication, even if it looks official. Cléome Solutions reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Cléome Solutions is not obligated to credit or discount a membership for holds placed on the account by either a representative of Cléome Solutions or by the automated processes of beenaya.
FEES AND PAYMENTS
We accept the following forms of payment:
– PayPal
– Credit Card
– Cash (Lebanon only)
– Bank Transfer
You agree to provide current, complete, and accurate purchase and account information for all purchases made via beenaya. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges and you authorize us to charge your chosen payment provider for any such amounts upon placing your order, and you consent to charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel your subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
You can either pay locally to any of our partner or to sign up on beenaya you must have a current valid accepted payment method as indicated during sign up “Payment Method”.
When you subscribe to beenaya, your credit card or PayPal account will be billed according to current rates for the selected subscription plan to prepay usage of beenaya for the current period. For monthly plans you will be charged subsequently on the same day of each month. If the billing date is the 29th — 31st, and the billing month does not contain this date, then the billing date will be adjusted to the last day of the current calendar month. Annual plan renewals will be charged on same day of the following year to prepay usage of beenaya for the next annual service period.
If you choose to upgrade or downgrade your subscription from one plan to another plan, your service can be switched withing 24 hours by our support team. If you are downgrading, we will credit your account for the remaining days. If you are upgrading, we will charge the difference for the remaining days. Requested for beenaya Upgrade & Downgrade are direct to support@beenaya.com and processed within 24hours.
If you are billed for beenaya by one of our authorized resellers, our billing terms shall apply.
REFUNDS POLICY
All sales are final, and no refund will be issued.
USER CONDUCT
You may not access or use beenaya for any purpose other than that for which we make beenaya available. beenaya may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of beenaya, you agree not to:
1. Systematically retrieve data or other content from beenaya to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of beenaya, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere with security-related features of beenaya, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of beenaya and/or the Content contained therein.
4. Engage in unauthorized framing of or linking to beenaya.
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
8. Interfere with, disrupt, or create an undue burden on beenaya or the networks or services connected to beenaya.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from beenaya in order to harass, abuse, or harm another person.
12. Use beenaya as part of any effort to compete with us.
13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of beenaya.
14. Attempt to bypass any measures of beenaya designed to prevent or restrict access to beenaya, or any portion of beenaya.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of beenaya to you.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Copy or adapt ANY of beenaya’s script or other code.
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of beenaya or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of beenaya.
19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses beenaya, or using or launching any unauthorized script or other software.
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or beenaya.
22. Use beenaya in a manner inconsistent with any applicable laws or regulations.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding beenaya provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The use of beenaya and any personally identifying information submitted through beenaya, is subject to our Privacy Policy, the terms of which are incorporated herein, and a copy of which is currently located at www.beenaya.com/privacy.
By using beenaya, you are consenting to receive certain communications from us. For example, Cléome may send you newsletters about new beenaya features, special offers, promotional announcements and customer surveys via email or other methods.
Please review our Privacy Policy for further details on our marketing communications. You can also find the unsubscribe instructions there. By using beenaya, you consent to receiving electronic communications from Cléome Solutions. These communications may include notices about your account (for example, change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Cléome Solutions and you receive them as part of beenaya membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any abuse or threatened abuse of other users of beenaya or of Cléome Solutions personnel will result in immediate account termination.
You give Cléome Solutions a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your Content. In addition to the right to publish, you also grant the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Content in any media. Except as described in our Privacy Policy, Cleome Solutions will not be required to treat any Content as confidential.
THIRD-PARTY PRODUCTS, SERVICES, APPS, SOFTWARES, AND WEBSITES
beenaya include an online store that can be integrated with your existing website, blog, social network as applicable. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate beenaya. Any description of how beenaya work should not be considered a representation or obligation with respect to how beenaya always will work. We are making constant adjustments to beenaya and often these Terms of Service do not capture these adjustments completely. Some of beenaya services, such as our online store, can be added to your page on social media networks, such as Facebook. BY CONNECTING YOUR BEENAYA ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON FACEBOOK AND YOUR ACCOUNT SETTINGS ON BEENAYA). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, and therefore the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in these Terms of Service.
Cléome Solutions may from time to time recommend or enable third party apps, software, products, services or websites links for your consideration or use. Such apps, software, products, services, and links are provided only as a convenience to you and does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Cléome Solutions with respect to any third party, any third-party’s apps, software, products, services or websites. These Terms of Service do not apply to such third-party apps, software, products, services or websites and you should review such third party the agreements related to such third party apps, software, products, services or websites they may be different than these Terms of Service and it is your sole responsibility to comply with such third party terms. Your use or access to any third party’s apps, software, products, services or websites is at your own risk. CLÉOME SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY APPS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITES AND WILL NOT BE LIABLE FOR YOUR USE OF ANY THIRD-PARTY APPS, SOFTWARE, PRODUCTS SERVICES OR WEBSITES.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor beenaya for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from beenaya or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage beenaya in a manner designed to protect our rights and property and to facilitate the proper functioning of beenaya.
PRIVACY POLICY
We care about data privacy and security. By using beenaya, you agree to be bound by our privacy policy posted on beenaya, which is incorporated into these Terms of Service. Please be advised beenaya hosting is powered by amazon web services “AWS” with servers located across 25 geographic regions around the world. If you access beenaya from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws at AWS, then through your continued use of beenaya, you are transferring your data to AWS servers, and you expressly consent to have your data transferred to and processed on AWS servers globally.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through beenaya infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by beenaya infringes your copyright, you should consider first contacting an attorney.
TERMINATION AND CANCELLATION
You can cancel your paid subscription to BEENAYA at any time. There will be no subsequent charges to your credit card or Paypal account after cancellation. You may terminate your account by selecting the “Close my account” option in your account. You need to cancel your paid subscription before you can close your account.
These Terms of Service shall remain in full force and effect while you use beenaya. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF BEENAYA (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN BEENAYA AND THE STORE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
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.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of beenaya at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of beenaya without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of beenaya.
We cannot guarantee beenaya will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to beenaya, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify beenaya at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use beenaya offerings during any downtime or discontinuance of beenaya. Nothing in these Terms of Service will be construed to obligate us to maintain and support Beenaya or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These terms shall be governed by and defined following the laws of UAE. Cléome Solutions FZCO and yourself irrevocably consent that the courts of UAE shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Dubai, UAE. The language of the proceedings shall be English. The governing law of the contract shall be substantive law of UAE.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on beenaya that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on beenaya at any time, without prior notice.
DISCLAIMER
BEENAYA IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF BEENAYA SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH BEENAYA AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF BEENAYA’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF BEENAYA, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BEENAYA, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH BEENAYA BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BEENAYA. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BEENAYA, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, RESULTING FROM LOSS OF USE, DATA OR PROFITS, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF BEENAYA WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO BEENAYA, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH EXCEED THE AMOUNT OF YOUR PREVIOUS THREE (3) MONTHS OF FEES PAID TO CLÉOME ON YOUR MEMBERSHIP PLAN.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of beenaya; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of beenaya with whom you connected via beenaya. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and our licensors, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to beenaya for the purpose of managing the performance of beenaya, as well as data relating to your use of beenaya. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using beenaya. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting beenaya, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on beenaya, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA BEENAYA. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Service and any policies or operating rules posted by us on beenaya or in respect to beenaya constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of beenaya. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
CONTACT US
In order to resolve a complaint regarding beenaya or to receive further information regarding use of beenaya, please contact us at:
Cléome Solutions FZCO
B703, A5 DTEC, Dubai Digital Park – Dubai, UAE
Phone: +971 50 204 0974
info@beenaya.com