This Agreement constitutes a legal agreement between you (“you” or “User”) and M3allem.com or M3allem Construction Works (“M3allem” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.M3allem.com, as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile application(s) offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “M3allem Platform”.
By using or registering with the M3allem Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the M3allem Platform. M3allem’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the M3allem Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Your agreement that the M3allem Platform is provided “as is” and without warranty.
- Your agreement that the M3allem Platform is solely a communications platform providing a method for Services to be booked, that all Services are performed by third parties, and that M3allem has no liability for any Services or any acts or omissions of third parties.
- Your agreement to release M3allem from liability based on claims relating to Services and otherwise and your agreement to the limitation of time within which a claim can be brought .
- Your agreement to indemnify M3allem from claims due to your use or inability to use the M3allem Platform and/or Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the M3allem Platform.
- Your agreement that no claims can be adjudicated on a class basis.
- Your consent to any modifications or amendments to this Agreement.
1.The M3allem Platform is Solely a Venue for Communications; Background Checks.
a.The M3allem Platform is Solely a Venue for Communications.The M3allem Platform is a communications platform for enabling the connection between individuals seeking to obtain services (“Requesters”) and/or individuals seeking to provide services (“Professionals”). Requesters and Professionals together are referred to as “Users”. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as “Services”. M3allem does not itself provide Services. The provision of all Services is up to the Professionals, which may be scheduled through use of the M3allem Platform. M3ALLEM, THROUGH THE M3ALLEM PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES ITSELF OR ACT IN ANY WAY AS A CONSTRUCTION PROFESSIONAL, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO YOU BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
b.Background Checks.M3allem checks the backgrounds of Professionals via in-house and third party background check services. However, each user should exercise caution and common sense to protect its personal safety and property, just as it would when interacting with any person whom it does not know. BY USING THE M3ALLEM PLATFORM, YOU AGREE TO HOLD M3ALLEM FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. M3ALLEM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
2. Personal Information; User Accounts.
b.Account, Password and Security.You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the M3allem Platform. You are solely and fully responsible for all activities that occur under your password or account, except that M3allem may, in certain circumstances, enter your account to make changes that you request, such as resetting your password. M3allem has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at email@example.com . Nothing in this section shall affect M3allem’s rights to limit or terminate the use of the M3allem Platform.
Proof of Identity.You will provide us with such proof of identity as we may reasonably request from time to time.
Text Messages and Phone Calls.By providing your phone number and using the M3allem Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and, if such phone number is a mobile number, for text messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text messages we send you. You may opt-out of receiving text messages from us by replying with the word “STOP” to a text message from us.
Emails.M3allem may send you confirmation and other transactional emails regarding the Services. M3allem may also send you emails about services that we think might interest you (“Promotional Emails”). The Promotional Emails include an option for you to opt out of receiving such emails.
3. Links to and Plug-Ins from Other Web Sites or Media.
4.Rules for Use of the M3allem Platform.
During the term of this Agreement, you may use the M3allem Platform for your personal use only (or for the use of a person, including a company or other organization, that you validly represent). Requesters may use the M3allem Platform to book Services solely with respect to a location where the Requester is legally authorized to have Services performed. Requesters may not use the M3allem Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving M3allem. Professionals agree to provide Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the M3allem Platform (including but not limited to any Community Areas) to do any of the following:
a.Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
b.Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
c.Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d.Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
e.Use the M3allem Platform or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f.Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g.Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the M3allem Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the M3allem Platform without express written permission from us.
h.Use the M3allem Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
i.Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j.Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k.Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
l.Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the M3allem Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m.Restrict or inhibit any other User from using and enjoying the M3allem Platform.
n.Imply or state that any statements you make are endorsed by us, without our prior written consent.
o.Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the M3allem Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the M3allem Platform in any manner, or attempt to do any of the foregoing.
p.Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
q.Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
r.Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit people under the age of 18 in an abusive, violent or sexual manner.
s.Register to use the M3allem Platform under different usernames or identities, after your account has been suspended or terminated.
t.Mirror or archive any part of the M3allem Platform or any content or material contained on the M3allem Platform without M3allem’s written permission.
5.Employment and Withholding.
Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of M3allem. You acknowledge that we do not supervise, direct, or control a Professional’s work or Services performed in any manner. Professionals may wear a M3allem badge or other M3allem insignia purely for the purpose of identifying themselves as a service person contacted through the M3allem Platform. M3allem is not an employment service and does not serve as an employer of any User. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless and defend us from any and all claims that a Professional was misclassified as an independent contractor or an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claims that we were an employer or joint employer of a Professional, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
6.Intellectual Property Rights.
The M3allem Platform, and the information, data, content and materials, which it contains (“M3allem Materials”), are the property of M3allem and/or its affiliates and licensors, excluding User-generated content, which M3allem has a right to use. The M3allem Materials are protected from unauthorized copying and dissemination by Lebanon copyright law, trademark law, international conventions, and other intellectual property laws. M3allem and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the M3allem Materials. Any use of M3allem Materials, other than as expressly permitted herein, is prohibited without the prior permission of M3allem and/or the relevant right holder. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information regarding the M3allem Platform, you hereby assign to M3allem all right, title and interest thereto. The service marks and trademarks of M3allem, including without limitation M3allem Construction Works, M3allem.com and the M3allem logo are service marks owned by M3allem. Any other trademarks, service marks, logos and/or trade names appearing on the M3allem Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the M3allem Platform without the express prior written consent of the owner.
7.Modifications to the M3allem Platform.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the M3allem Platform or any content or information on the M3allem Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the M3allem Platform.
The term “Confidential Information” shall mean any and all of M3allem’s trade secrets, confidential and proprietary information and all other information and data of M3allem that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of M3allem and agree that you will not use Confidential Information other than as necessary for you to make use of the M3allem Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify M3allem in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to M3allem upon termination of this Agreement for any reason whatsoever. The M3allem Platform contains secured components that are accessible only to those who have been granted a user name and password by M3allem. Information contained within the secure components of the M3allem Platform is confidential and proprietary.
9.Disclaimer of Warranties; Limitation on Liability.
a.USE OF THE M3ALLEM PLATFORM IS ENTIRELY AT YOUR OWN RISK.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE M3ALLEM PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER M3ALLEM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE M3ALLEM PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE M3ALLEM PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE M3ALLEM PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES OR ANY PRODUCTS, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE M3ALLEM PLATFORM OR THIS AGREEMENT. ACCESS TO THE M3ALLEM PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER M3ALLEM NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE M3ALLEM PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER M3ALLEM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE M3ALLEM PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. M3ALLEM AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
b.NO LIABILITY.YOU AGREE NOT TO HOLD M3ALLEM, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE M3ALLEM PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY M3ALLEM OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL M3ALLEM OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE M3ALLEM PLATFORM OR ANY SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. M3ALLEM AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE M3ALLEM PLATFORM, THE SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT M3ALLEM OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO M3ALLEM DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
c.RELEASE.M3ALLEM AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE M3ALLEM PLATFORM. THE M3ALLEM PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE M3ALLEM IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE M3ALLEM AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS
d.ADDITIONAL DISCLAIMER.THE QUALITY OF THE SERVICES SCHEDULED THROUGH THE USE OF THE M3ALLEM PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE M3ALLEM PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE M3ALLEM PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE M3ALLEM PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE M3ALLEM PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE M3ALLEM PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, M3ALLEM HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST M3ALLEM’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE M3ALLEM’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS M3ALLEM.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless M3allem, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use of or inability to use the M3allem Platform and/or any Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the M3allem Platform. M3allem reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of M3allem.
Disputes under this agreement are governed by the laws of Lebanon.
12.Changes to this Agreement.
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the M3allem Platform. Your continued use of the M3allem Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org
Updated June 3, 2017