Introduction
"Mimas BV" (hereinafter – the "Company", "We", "Our" and "Us") offers to a natural person, corporate or unincorporated body (whether or not having separate legal personality) (collectively, "You" or "Your") the services listed below under the section "OUR SERVICES" (hereinafter – the "Services").
These "Terms of Use" (hereinafter – the "Terms") govern Your use of Our Services, which are currently available at www.afensia.com (hereinafter – the "Website"). We are the owner and operator of the Website.
In order to use Our Services, You must agree to all the Terms set forth below, without any objections or modifications. By accepting these Terms, You also must agree with Our Privacy Policy.
You automatically agree to these Terms:
- (i.) by providing your personal consent through a pop-up questionnaire (by clicking the "Accept" button) on our Website, and/or
- (ii.) when You interact with our Website (including by filling out the "Contact us" / "Book Online" / "Book Now" form).
Our Services
We offer the following range of "Services" as shown on the "Services" page of the Website at www.afensia.com.
If You are interested in receiving Our Services, please contact Us at support@afensia.com. We will set forth the details in a separate agreement and reserve the right to offer You any of Our Services on individual terms.
Registration to Use Our Services
In order to start receiving the Services provided by Us, You need to contact Us (either by email to support@afensia.com and/or by filling out any of the contact feedback forms on Our Website) to agree on an individual package of Services.
Payments for Our Services
The approximate cost of our Services may be indicated on the Website for informational purposes only. The final price for any Services will be determined solely in a mutually agreed upon signed cooperation agreement between Us and You. We do not charge any amounts through Our Website.
We may update the prices displayed on the Website from time to time, and users are encouraged to review the Website periodically to stay informed of any changes.
Non-Paid Fees
In the event of non-payment, or delay in payment beyond the agreed number of banking days, We reserve the right to: (1) declare all amounts owed to Us to be overdue and subject to immediate payment, and/or (2) immediately suspend the provision of the Services until the debt is paid in full.
Termination and Suspension of Our Services
Termination and suspension of the use of Our Services may be carried out:
- (1) by Us when Your actions endanger the reputation of Our Company or You have committed violations of the Terms;
- (2) when You have not paid part or all of the cost of Our Services;
- (3) when You request Us to temporarily suspend the Services with a written explanation;
- (4) when You request to terminate the cooperation agreement, either by Us or by mutual agreement.
Your Responsibilities When Using Our Services
You must NOT, but not limited to:
- (i.) attempt to gain unauthorized access to the Services;
- (ii.) use the outcomes of Our Services for fraudulent purposes, malware distribution, or actions that harm Us and/or third parties;
- (iii.) utilize robots, spiders, or other automated tools to monitor or copy content from the Website or non-paid outputs of the Services;
- (iv.) violate any other terms and conditions outlined in any cooperation agreement;
- (v.) enter into separate agreements with third parties for non-integrated applications with Our Services.
Guidelines for Using Our Name and Logo – If You have received Our written permission to use Our name and/or logo for marketing activities outside of Our Website, You must: (i.) always correctly reference Our name without altering its spelling; (ii.) use the logo in its original form, maintaining its color, size, and proportions; (iii.) ensure the name and/or logo are used in a positive context; (iv.) refrain from using the name or logo in any misleading, offensive, or illegal context.
Intellectual Property
The Website, all its components, and any content accessible through it (collectively, the "Platform"), including but not limited to the software code, technical infrastructure, design elements, structure, architecture, databases, and all forms of content such as texts, images, graphics, audiovisual works, animations, music, logos, trademarks, and other intellectual creations, are and shall remain the exclusive property of Us and/or Our licensors.
All elements of the Platform are protected by applicable intellectual property laws, including copyright, trademark, patent, trade secret, and database protection laws.
Third-Party Links
Our Website may contain links to third-party websites and services that are not owned and/or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, and practices of any third-party websites and services.
Use Policies
You agree that the implementation of Our Services requires an Internet connection and that the quality of Our Services depends on this connection, for which We are not responsible.
You may not assign, transfer or delegate these Terms, or any of Your rights or obligations, without Our prior written consent. Attempts to do so without such approval will be null and void.
If You use Our Services in any way which We reasonably determine may be unlawful, prohibited, abnormal, unusual, or detrimental to Our Services or any of Our other customers, We reserve the right to suspend or terminate Your Services without notice.
Our Obligations
We make every effort to provide You with quality Services. We regularly improve Our qualifications and use licensed software.
However, We are not responsible for any difficulties or temporary impossibility of access to Our Services due to partial or complete failure of servers, failure of equipment, cables, services, or networks not under Our responsibility, telecommunications operator interruptions, force majeure, or incorrect configuration applied to the Services.
We may use contractors in the performance of the Services, who are subject to the same obligations as Us. We may substitute any person who will be subrogated to all Our rights and obligations under Our contractual relationship, and We will inform You of any such substitution in writing.
Disclaimer
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Although We maintain operational and technological security standards, We cannot guarantee complete protection against errors. You use the Website solely at Your own risk.
We shall not be liable for any direct, indirect or consequential damages that You may suffer by using the Website and/or accepting the results of Our Services. The materials on the Website are provided for general information and do not constitute professional advice.
Limitation of Liability
In no event shall We be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- (i.) Your use of any results of Our Services;
- (ii.) any conduct or content of any third party on the Services accepted by You;
- (iii.) unauthorized access, use, or alteration of Your transmissions or content;
whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage.
Dispute Resolution
The provisions of these Terms constitute a full defense to any claim, action, or proceeding arising out of or related to these Terms. All disputes shall initially be attempted to be resolved through good faith negotiations between the Parties.
If the Parties are unable to reach an agreement through negotiations, any unresolved dispute shall be submitted to the competent court under the laws of the United Arab Emirates, with the claim to be filed at the location of the defendant.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.
Changes
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the changes are material, We will endeavor to provide notice before any new terms become effective.
By continuing to access or use Our Services after these changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must send a notice to terminate Your use of the Services.
These Terms are written in English. We are not responsible for the accuracy or quality of any translation.
Contact Us
To resolve a complaint about the Services or to obtain additional information regarding use of the Services, please contact Us:
- By email: support@afensia.com
- Via Our Website: Contact form