Terms of Service

Last updated 17 July 2024

These terms of service (the “Terms of Service” or “Terms”) set forth the terms and conditions applicable to the use of the Muhami mobile app and Muhami website (www.muhami.ae) (together, the “Platform”) and the services offered under the Platform (the “Services”).

The Platform is operated by CJA Consulting L.L.C-FZ, a company registered in Meydan FZE, Dubai, United Arab Emirates under business license number 2309771.01, with its registered address at Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E (together referred to as (“Muhami”, “we”, “us”, “our”).

You, the user (“user”, “you”, “your”) agree and understand that by clicking “Sign up”, “Create account” or similar, or registering, accessing or using our Services, you confirm to have read, understood, and acknowledged to be bound by our terms to access and use our Services.

These Terms of Service set out the basis upon which you can access and use the Platform. The Terms apply regardless of how you access the Platform, including any technologies or devices by which the Platform is made available to you.

We may amend the Terms of Service at any point in time without notice and the amendments will take effect once they have been displayed on the Platform. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarise yourself with any modifications. Your continued use of our Platform following any amendments shall be construed as acceptance of those amendments.

Nothing in these Terms affects your statutory rights as a consumer which cannot be amended by law.

PRIVACY POLICY
1. The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy here, which shall be read in conjunction with these Terms of Service.
REGISTRATION OBLIGATIONS AND OTHER RESPONSIBILITIES
1. You will be able to access most of the Platform without registering any details with us. However, to access certain areas of the Platform, you will be required to create an account (“Account”) and register information with us following which access may be granted to you . You agree that any information provided to us in pursuant thereto will be complete and accurate, that you will not register under the name of, nor attempt to sign in under the name of, another person, and that you will not adopt a username that we in our sole discretion, deem offensive. We reserve the right to not allow you to register if we believe that you will not comply with these Terms.
2. You are responsible to promptly update details of your Account such that they are at all times considered true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Muhami suspects in its sole discretion that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Service, we have the right to suspend, limit or terminate your Account and/or your access to the Platform.
3. To keep your Account secure you have to protect your Account with reasonable means, and you are responsible at all times for maintaining the confidentiality of, and restricting access to and use of your Account and password to the Platform. You undertake to immediately notify Muhami of any unauthorised use of your Account or any other security breach.
4. You agree to accept responsibility for all activities that occur under your Account with us. If someone other than yourself uses the Platform with your login information you will be held accountable for all actions made in your name.
5. You may not, at any point in time, use any other person’s Account. You agree to reimburse Muhami in full for any costs, expenses and damages caused by improper, unauthorised or illegal use of our Services by you.
ELIGIBILITY TO USE PLATFORM
1. By creating an Account on our Platform, you represent that you are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18). By using the Platform, you represent and warrant that all information you submit is accurate and truthful when registering any information with the Platform or providing any information to us.
2. Access is granted on a temporary basis and Muhami reserves the right and at its sole discretion to refuse, suspend or limit access to the Platform or the Account of any person if Muhami believes that person is under the legal age limit in the relevant jurisdiction or that any information given is not accurate or truthful, or for any other reason.
3. The Platform is not available to users whose Account we have previously disabled for violations of our Terms of Service or other terms and policies that apply to your use of the Platform. If we disable your Account for a violation of our Terms of Service, you agree not to create another Account without our permission, which shall be provided at our sole discretion.
ELECTRONIC COMMUNICATION
1. To fulfil our obligations to you under these Terms, we may wish to communicate with you by email or other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications which need to be in writing.
YOUR USE OF THE PLATFORM
1. You may not access or use the Platform or the Services provided via the Platform for any purpose other than the purpose for which we make it available to you and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
2. Without limiting the generality of paragraph 5.1, when accessing the Platform, or using our Services, you should not:
  (a) Post or transmit false, inaccurate, misleading, defamatory, or libellous content (including but not limited to during the registration process);
  (b) Violate any third party rights, including intellectual property rights;
  (c) Transfer your Account (including your username and password) to another party without prior written consent from us;
  (d) Transmit chain letters or junk email to other users;
  (e) Use any information obtained from the Services in order to contact, advertise to, solicit or sell any products or services to any user without their prior explicit consent;
  (f) Attempt to impersonate another user or person;
  (g) Use the username or Account of another user;
  (h) Use any information obtained from the Services and Platform in order to harass, abuse or harm another user or person;
  (i) Use the Platform in a manner inconsistent with any and all applicable laws and regulations; and
  (j) Otherwise, incur any liability to the Platform or us.
3. You may not copy, modify, distribute, sell, or lease any part of the Platform. Unless law prohibits such restriction or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for that purpose, and you may not interfere or attempt to disrupt the Platform.
4. You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the Services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on Platform or with any other person’s use of the Platform.
6. Any data that you submit, post, publish, display or make available on or through our Platform, or otherwise provides to Muhami , is called “User Content”. You grant to Muhami a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. Muhami is, and will be, under no obligation (1) to maintain any User Content in confidence; (2) to pay any compensation for any User Content or (3) to respond to any User Content. You grant to Muhami the right to use your name, username and/or trademarks and logos in connection with any User Content you make available or Muhami marketing materials for promotional purposes, although Muhami has no obligation to exercise such right, or to otherwise provide any attribution for any User Content or Idea.
INTELLECTUAL PROPERTY RIGHTS
1. The Platform and the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Muhami, and are subject to copyright and other intellectual property rights under UAE and foreign laws and international conventions.
2. In connection with the Services, the Platform may display certain content belonging to third parties. Use of this content may be subject to a license granted by third parties to Muhami. You shall, in no event, reverse engineer, decompile, or disassemble such content and nothing herein shall be construed to grant you any right in relation to such content. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
3. Muhami reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use of any Materials or enforce limitations on use of the Platform or the Materials therein.
4. Content displayed on or through the provision of the Services are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
5. You may be exposed to Materials from a variety of other sources, and as far as applicable law allows, Muhami is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials.
PARTNER CONTENT
1. Our Platform will contain “Partner Content”. “Partner Content” means any information, product description, data, content, and other materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, video clips or downloads, video clips, and written and other material) (together the “Adverts”) made, compiled, developed or managed by our Partners (“Partners”) accessible through the Platform.
2. By accessing the Platform, you acknowledge and agree that the Partner Content is not created by us and provided AS IS. The provision of Partner Content does not constitute a recommendation or solicitation by us to purchase any product or to make any other type of decision in respect of that Partner Content.
3. Except where otherwise specified on this Platform, the Adverts on this Platform are displayed for promotional purposes and/or to provide our Services on the Platform. Before you act in reliance of any of the Adverts, you should confirm any facts that are important to your decision. We do not accept any liability as to the reliability, accuracy, timeliness, usefulness, or completeness of any Adverts.
4. The Partner Content posted by our Partners on the Platform is not intended in any way to amount to advice on which reliance should be placed. Partner Content may not reflect recent changes in the law and are not intended to constitute a definitive or complete statement of the law. You may use Partner Content only for informative purposes to stay up to date with legal developments but you should not use them for transactions or legal advice and you should obtain specific advice from a qualified professional when dealing with specific situations. We therefore disclaim all liability and responsibility arising from any reliance placed on such Partner Content by any visitor to our Platform, or by anyone who may be informed of any of its contents.
INTERACTIVE SERVICES
1. We may from time to time provide interactive Services on the Platform, including, without limitation:
  (a) comment spaces, rating systems and forums;
  (b) public profiles;
  (c) blogs; or
  (d) any other forms of user-generated content.
2. Where we do provide any interactive Service, we will provide clear information to you about the kind of Service offered, if it is moderated and what form of moderation is used. Information about data gathered during any interactions is covered by our Privacy Policy here.
3. We will do our best to assess any possible risks from third party users when they use any interactive Service provided on the Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant Service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive Service we provide on the Platform,
4. Where we do moderate an interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
THIRD PARTY SERVICES
1. Third Party Applications. The use of any third party application is subject to any terms and conditions provided with such third party application and is not governed by us. The use of third party applications is solely your responsibility since Muhami does not govern the use of such third party applications. Muhami is not responsible for any third party applications and you acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third party applications (including any content therein) and Muhami hereby disclaims any and all liability to you or any third party related thereto.
2. External Websites. The Platform may contain links to external websites and information provided on such external websites by Muhami partners and third-party service providers. Muhami shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You agree that Muhami shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked website.
DISCLAIMER OF WARRANTY
1. All materials posted on the Platform are to provide guidance and for information purposes only. Nothing on the Platform is intended to be a substitute for formal legal advice and does not represent legal advice on which reliance should be placed. You must take appropriate steps to verify such information. No user should act or refrain from acting based on the information contained on the Platform without first verifying the accuracy of any information and, as necessary, obtaining legal and/or professional advice.
2. We and our Partners are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained on the Platform and in no event shall be liable for any damages resulting from reliance on or use of this information. Without limiting the above neither we nor our Partners have any responsibility for any act or omission of any other contributor to the Platform.
3. To offer a reliable and enjoyable Service we need to fix bugs, install updates and perform general diagnosis and maintenance. We cannot warrant that the Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by law, content and function of the Platform, and Services, are provided on an "as is" basis without warranties of any kind, either expressed or implied.
4. Information obtained on the Platform may not always be accurate. We use other providers to provide data on which we base the information detailed on the Platform. We try to make sure that the data is correct and up to-date together with our partners, but we cannot guarantee that it will always be.
LIMITATIONS OF LIABILITY
1. To the maximum extent permissible by applicable law, we, our subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
  (a) shall not be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, and the payment by you;
  (b) are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, loss of revenue or anticipated profits, loss of goodwill, loss of business or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we advised of the possibility of such damages;
  (c) exclude any and all liability for damages caused by, any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform; and
  (d) expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
2. In conjunction with the limitation of warranties as explained herein, you expressly understand and agree that our maximum liability for any claim against us shall be limited to an amount of AED 10,000, for use of our Platform and/or Services.
INDEMNITY
1. You agree to defend, indemnify and hold harmless Muhami and its affiliates and subsidiaries, and its officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' or lawyers’ fees) arising from: (i) your breach of any provision of these Terms; (ii) your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) your use of the Platform or the Service, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third party. This defence and indemnification obligation will survive termination, modification or expiration of your use of the Services and the Platform.
USE LIMITATION AND TERMINATION OF SERVICE
1. Muhami may establish limits from time to time concerning use of the Service, including among others, the maximum number and size of postings, e-mail messages, or other content that may be transmitted through or stored by the Platform, and the frequency with which you may access the Services or the Platform.
2. Muhami reserves the right at any time to modify or discontinue the Services on the Platform (or any part thereof) with or without notice (without the need for a court order). Muhami shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
3. You acknowledge and agree that Muhami, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your Account, block your e-mail or IP address, or otherwise terminate (without the need for a court order) your access to or use of the Service or Platform (or any part thereof), immediately and without notice if you breach our Terms. You agree that Muhami shall not be liable to you or any third-party for any termination of your access to the Platform or the Service in any such instances.
4. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law. In the event that Muhami suspends or terminates your Account pursuant to paragraph 12.3 above, you will no longer be authorised to access the Platform or your Account, and we reserve the right to use any means possible to enforce this termination.
FORCE MAJEURE
1. Under no circumstances will we be held liable for any delay or failure or disruption of the Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
GENERAL INFORMATION
1. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
2. No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
GOVERNING LAW AND DISPUTE RESOLUTION
1. The Terms shall be governed by and construed under the laws of the Emirate of Dubai International Financial Centre (“DIFC”), Dubai, United Arab Emirates.
2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be submitted to the Courts of the.

These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.

CONTACT

We have a procedure for investigating complaints and for dealing with queries about our Platform. Please contact us at:

CJA Consulting L.L.C-FZ
Meydan Grandstand, 6th floor
Meydan Road, Nad Al Sheba
Dubai, U.A.E

Email: [email protected]
Phone: +971 50 420 6729