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Our Terms & Conditions

1. Introduction

1.1 Maslaha.ae (the “Site”) is a website that provides you with a platform whereby Clients may market their projects to Freelancers, who in turn may view details of such Projects.
1.2 These are the terms and conditions of use (the “Terms and Conditions”) for the Site operated by Maslaha (“Maslaha”, “us”, “we”, or “our”). We are established in the Dubai Creative Cluster Free Zone with commercial licence number is [94813]. These Terms and Conditions are between Maslaha, the Client and the Freelancer.

2. Definitions

the following definitions shall apply to the Terms and Conditions:

“AED” means Arab Emirate Dirhams, the official currency of the United Arab Emirates;

“Client” means the recipient of services from the Freelancer;

“Client Deposit” has the meaning given in clause 14.1.1;

“Details” has the meaning given in clause 11.3;

“Final Installment” has the meaning given in clause 14.2.4;

“Freelancer” means the provider of Freelancer Services to a Client;

“Freelancer Services” has the meaning given in clause 13.7;

“Intellectual Property Rights” has the meaning given in clause 10.1

“Invitation to Quote” An invitation sent by the Client to the Freelancer to

to accept the Project as per the Project Brief or to

provide a quotation.

“Maslaha Fees” has the meaning given in clause ‎14.1.3;

“Maslaha Services” means the services provided by Maslaha through the Site;

“Private Messaging Platform” means the messaging platform provided by the Site for making of all communications between Users;

“Project” means a project that is commissioned by the Client and made available on the Site;

“Project Agreement” means the agreement setting out the scope of work containing the respective rights and obligations between the Client and the Freelancer;

“Project Budget” means the total fee for the Freelancer to undertake the Project;

“Project Brief” means the document setting out a summary of the commercial terms of the Project;
“Privacy Policy” has the meaning given in clause 8.1;

“Request to Quote” means a request sent by the Freelancer to Maslaha requesting the ability to provide a quotation for a Project;

“Site” means the Maslaha website “maslaha.ae”; and

“User / you / your” means any user of the Site, including both Freelancer and Client.

3. User Acknowledgment

3.1 By accessing or using the Site and or the Maslaha Services in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.

3.2 Maslaha reserves the right to unilaterally modify, delete, add and/or amend the Terms and Conditions at any time.  Maslaha may send email notifications to Users regarding the updated Terms and Conditions or provide notice to Users through the Site’s user interface, whichever it deems fit however; any such changes shall take effect immediately. Notwithstanding the foregoing, the continued use of Maslaha, the Site and /or the Maslaha Services constitutes an acceptance to be bound by the Terms and Conditions and or any amendment / modification mentioned above.

3.3 It is the User’s responsibility to ensure that your equipment (computer, laptop, net book, tablet or other mobile device) meets all the necessary technical specifications to enable the User to access and utilise the Site and is compatible with the Site.  

4. Access to the Site

4.1 To use the Site, you must be at least twenty-one (21) years old and able to form legally binding contracts. By continuing to use the Site and agreeing to these Terms and Conditions you are declaring that you are at least twenty-one (21) years old and we can therefore rely on this representation.

4.2 Clients and Freelancers must be legally licensed and certified to receive and/or render the Freelancer Services under the laws of the United Arab Emirates or other applicable jurisdiction and be holders of a valid email address and/or LinkedIn account, as Users are only able to create an account with Maslaha by using their email or LinkedIn accounts.

4.3 We reserve the right to prevent you from using the Site if you have not complied with these Terms and Conditions in accordance with clause 6(a).

4.4 We do not guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site itself becomes unavailable (whether on a scheduled or unscheduled basis) or is modified, suspended or withdrawn by us, at our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site. We may automatically upgrade the Site, change, expand and/or seek to improve the Site. We may at any time cease to continue operating part or all or selectively disable certain aspects of the Site.

4.5 User Accounts

(a) Each User shall register for an account which must be a personal account linked directly to that User.  If the User is a corporate entity, the User Account must be linked directly to that entity.

(b) Maslaha may, at its absolute discretion, refuse to register any User, whether person or entity.

(c) Users shall provide accurate and complete information and keep such account information updated at all times. Maslaha will not be held responsible for any error and/or breach occurring due to Users’ failure to update their account information.

(d) Users must provide accurate and correct information on their profiles and in all communications, posts, Project descriptions, Requests to Quote and quotes. If the User has in any way misrepresented itself and/or any information provided on the Site, then Maslaha retains its right to suspend all accounts related to that User, in addition to taking any other measures against the User as it deems fit, including banning the User from using the Site.

(e) Users cannot register more than one account. If a User is found to have registered more than one account Maslaha retains the right to suspend all accounts related to that User and take any other measures against that User that it deems fit, which may include banning the User from using the Site of any of the Maslaha Services.

(f) Users are solely responsible for any activity that occurs on their account. Users may never use another User’s account or registration information for the Site.

4.6 Client Accounts

(a) Once the Client has created an account in accordance with clause 4.5 above, Maslaha shall send an email to the Client for verification.

(b) Once the Client’s account has been verified, the Client must complete its profile by uploading mandatory documents as requested by Maslaha. For the avoidance of doubt, Client will not be able to conduct any business on the Site until such mandatory documents have been approved and verified for authenticity. Maslaha shall activate the Client’s profile once it is satisfied that it has received the necessary information/ documentation that it requires to confirm the identity of the Client.

(c) Once the Client’s account is activated, Client shall be able to use the Site.

(d) Client must complete the customised Project Brief before it can post any Projects.

(e) Client’s Project Budget must be AED 1,000 (one thousand AED) or above.

(f) Client may only negotiate with up to ten (10) Freelancers for each Project.

(g) Client may directly approach a Freelancer who, in its own judgment, fits the required Project profile and can fulfill the Project requirements; by sending an Invitation to Quote and Client will receive Requests to Quote that have been submitted to Maslaha by Freelancers and whose requests have been filtered and approved by Maslaha.

(h) Client may only discuss or negotiate the quotes received with the Freelancer by using the encrypted messaging system outlined at clause 12.

(i) Once Client has reached an agreement with a Freelancer, Client must click on the “hire” button which shall direct the Client to the Project Agreement for execution.

(j) Client may only hire one Freelancer per Project.

4.7 Freelancer Accounts

(a) Once the Freelancer has created an account in accordance with clauses 4.5 above, Maslaha shall send an email to the Freelancer for verification.

(b) Once the Freelancer’s account is verified, Freelancer must complete their profile by uploading mandatory documents as requested by Maslaha. For the avoidance of doubt, Freelancer will not be able to conduct any business on the Site until Maslaha is satisfied that it has received the necessary information/documentation that it requires to confirm the identity of the Freelancer

(c) Once Freelancer’s account has been activated, Freelancer may review available Projects and submit Requests to Quote.

(d) Freelancer may only work on up to ten (10) active Projects at one time. Freelancer’s quota for active Projects may be reduced at the discretion of Maslaha including, without limitation in response to a disciplinary measure taken against the Freelancer for either:

(i) Failing to meet deadlines on Projects or
(ii) Having a low review rating based on the number of complaints and disputes
raised against the Freelancer
(e) Requests to Quote are reviewed by Maslaha who shall cross-check the Project requirements before the Freelancer’s Request to Quote is submitted to the Client for consideration. Approval of a Request to Quote is at the complete discretion of Maslaha. Notwithstanding the foregoing, without prejudice to the generality of Maslaha’s discretion, Maslaha may reject Request to Quote under the following circumstances:
(i) Freelancer’s skill sets do not match the Project requirements outlined in the
Project Brief;
(ii) The Project has been closed/ filled;
(iii) The quota for the quotes on a Project has been reached;
(iv) The Freelancer is suspended or banned from using the Maslaha Services or
the Site;
(v) The Freelancer’s is subject to a disciplinary measure described at clause 4.7 (d) above.
Maslaha will endeavor to send the Freelancer a notification informing them of their decision to reject the Request to Quote without prejudice to the generality of Mashala’s discretion.
(f) If the Freelancer is granted a Request to Quote by Maslaha, the Freelancer may only discuss or negotiate the quotes with the Client using the Private Messaging Platform.
(g) The Freelancer has the right to quote a higher amount than the listed Project Budget, however, for the avoidance of doubt, it remains up to the Client whether it accepts the quote and hires the Freelancer for a Project. Maslaha shall in no way be responsible for failure in negotiations and/or loss of opportunity of any kind on behalf of the Freelancer or the Client.
(h) If the Client hires the Freelance in response to a Request to Quote, the Freelancer shall be notified by e-mail and alerted to sign the Project Agreement.

5. Prohibited Conduct and Restrictions on the use of the Site

5.1 A User may retrieve and display content from the Site on a computer screen, print and copy individual pages, and, subject to clause 5.2 (n) store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, they will be displayed before you access the relevant features, parts or content.

5.2 While using the Site, Users will not attempt to or otherwise do any of the following:

(a) Post content or items in inappropriate categories or areas on the Site;
(b) Infringe any laws, third party rights or Maslaha’s policies;
(c) Fail to adhere to any payment terms for services provided;
(d) Circumvent or manipulate Maslaha’s fee structure, the billing process, or any fees owed to Maslaha;
(e) Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information) on the Site;
(f) Take any action that may undermine the feedback or reputation of the Site (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Site);
(g) Transfer a User’s account (including feedback) and username to another party without our consent;
(h) Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
(i) Distribute viruses or any other technologies that may harm Maslaha, the Site, or the interests or property of Maslaha Users (including their Intellectual Property Rights, privacy and publicity rights) or is otherwise unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(j) Download and aggregate listings from the Site for display with listings from other websites without Maslaha’s express written permission, “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without Maslaha’s express prior written authorisation;

((k) Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Maslaha in connection with the Site;
(l) Copy, modify or distribute rights or content from the Site or any of Maslaha’s copyrights and/or trademarks; or
(m) Harvest or otherwise collect information about Users, including email addresses, without their or Maslaha’s consent.
(n) Store pages of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site;
(o) Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
(p) Create links to the Site from any other website, without Maslaha’s prior written consent.
(q) Seek to damage Maslaha’s name or reputation or that of any of Maslaha’s affiliates in way.

5.3 The Users undertake that they shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Project on or through the Maslaha Services, including without limitation any user content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

6. Disciplinary Measures

(a) Maslaha reserves the right to restrict User’s access, temporarily or indefinitely block User’s account, and halt any Project without reason. Without limiting the foregoing, Maslaha may close, suspend or limit a user’s access to Account if (without limitation):
(i) User breaches these Terms and Conditions. For the avoidance of doubt, all
rights granted to Users under these Terms and Conditions will terminate
immediately in the event that a User is in breach of any of them.
(ii) Maslaha is unable to verify or authenticate any information provided by
the User;
(iii) Maslaha believes that the User’s actions may cause any loss or liability to
other Users or to Maslaha.
(iv) A User under-bids on any Project in an attempt to renegotiate the actual
price privately, to attempt to avoid fees;
(v) Maslaha determines that the User has infringed legal rights (resulting in
actual or potential claims), including infringing Intellectual Property
Rights;
(vi) Maslaha determines that the User has engaged, or is engaging, in
fraudulent, or illegal activities;
(vii) User does not respond to account verification requests;
(viii) User does not complete account verification when requested within 3
months of the date of request;
(ix) User attempts to communicate with another User by means other than
Maslaha’s Private messaging Platform described in clause 12.
(b) Without limiting Maslaha’s other remedies, to the extent a User has breached these Terms and Conditions, User must pay us all fees owed to Maslaha and reimburse Maslaha for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
(c) Users acknowledge and agree that: (1) the damages that Maslaha will sustain as a result of User’s breach of these Terms and Conditions will be substantial and will potentially include (without limitation) fines and other related expenses imposed on Maslaha by payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if a User breaches these Terms and Conditions, Maslaha may take legal action against User to recover losses.
(d) In the event that Maslaha closes a User’s Account, Users acknowledge that the User will have no claim whatsoever against Maslaha in respect of any such suspension or termination of the User’s Account.

7. Access through Devices

7.1 If you access the Site on a mobile device, you may also need to agree to be bound by any additional terms issued by the platform provider in order to use the Site on that device.

7.2 We do not warrant that the Site will be compatible or interoperable with your device or any other hardware, software or equipment installed on or used in connection with your device.

7.3 You acknowledge and understand that when using the Site from your phone it may require and utilise phone service or data access and you shall be responsible for any such charges that may apply.

8. Security and Privacy

8.1 You acknowledge that certain information provided by you to Maslaha or on the Site may be stored on your device. It is your responsibility to maintain the security of your device from unauthorized access. Use by the Site of any personal information about you is subject to the Maslaha Privacy Policy  (the “Privacy Policy”) of which you agree to be bound.

8.2 Users must immediately notify Maslaha upon becoming aware of any unauthorized access or any other security breach to the Site, User’s account or the Maslaha Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities).

8.3 Use of User’s personal information submitted to or via the Website is governed by Maslaha’s Privacy and Cookies Policy, which form an integral part of these Terms and Conditions.

9. Electronic Communications

9.1 When you use the Site or send e-mails to us, you are communicating with us electronically and therein consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Intellectual Property Rights

10.1 All “Intellectual Property” Rights, which includes rights such as copyright and rights in trade marks) in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by Maslaha or appropriately licensed to us. Except as expressly set out in these Terms and Conditions, nothing in these Terms and Conditions shall give rise to any rights in respect of any Intellectual Property owned by us or licensed to us and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. If you print off, copy or store pages from the Site (in accordance with these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

10.2 When Users provide Maslaha with any content, the User hereby grants Maslaha a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity, and database rights that the User has over the content, in any media known now or in the future.

11. Content on the Site

11.1 We cannot and do not guarantee that any content on the Site will be free from viruses and/or other code that may have contaminating or destructive elements to your device. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

11.2 Maslaha attempts to be as accurate as possible. However, information associated with the Site may be provided by third parties for which Maslaha relies on to be accurate. Accordingly, Maslaha does not warrant that the Site, project descriptions, and other content on the Site are complete, accurate, non-misleading, reliable, current or error-free.

11.3 We provide a service whereby Users may market project and service details (the “Details”) together with other content hosted and developed by us. Users are responsible for preparing the Details and fielding enquiries directly from other Users.

11.4 Details are hosted by us in good faith. You acknowledge that Maslaha does not monitor, verify or approve the Details and that you are responsible for:

11.4.1 making your own enquiries and checking, confirming and satisfying
yourself as to the accuracy of any Details;

11.4.2 for instructing a surveyor and obtaining legal advice before committing
to any purchase; and

11.4.3 for ensuring that you act in good faith towards other parties.

12. Communication with Other Users

12.1 Communication with other Users on Maslaha must be conducted through Maslaha’s Private Messaging Platfrom. Users must not post or disclose personal information, email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Site or through Maslaha’s Private Messaging Platform, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Site.

12.2 All terms agreed to between Users must be confirmed in writing as part of Project Agreement.

12.3 Maslaha may read all correspondence posted to the website and download or access, and test (if necessary), all uploaded files, programs and websites related to Users’ use of the Site for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

13. Project Terms

13.1 The relationship between the Client and Freelancer shall be governed by these Terms and Conditions and the Project Agreement.

13.2 Once a Request to Quote has been accepted between Client and Freelancer a Project Agreement will be executed and scanned by the Users on to the Site. The Project Agreement is only effective once the executed counterparts have both been signed and uploaded onto the Site.

13.3 The Users agree not to enter into any other contractual provisions in conflict with these Terms and Conditions and the Project Agreement.

13.4 Users are solely responsible for ensuring that Users comply with their obligations to one another. If a User fails to meet his obligations then he may become liable to any other.

13.5 If a User breaches any obligation, the other User is solely responsible for enforcing any rights that it may have. For the avoidance of doubt, Maslaha shall have no responsibility for enforcing any rights under the Project Agreement on behalf of one User against another. However, at its complete discretion and upon assessment of any breaches by any User, Maslaha may elect to take disciplinary action against the breaching User (in accordance with clause 6 above)

13.6 Freelancer Obligations

13.7 Freelancer shall provide the Client with the services outlined in the Project Brief as incorporated in the Project Agreement (the “Freelancer Services”)

13.8 The Freelancer hereby undertakes to provide the Freelancer Services:

(i) Free from error and inaccuracy;
(ii) So as to fully address each of the Client’s defined requirements as further described in the Project Brief of the Project Agreement;
(iii) In accordance with the deadlines and /or milestones outlined in the
Project Agreement.
13.9 Client Obligations
13.10 The Client shall compensate the Freelancer for the Freelancer Services provided as per the terms of the Project Agreement.
13.11 User undertakings:
(i) The Client warrants and undertakes that he is able to pay for the Freelancer
Services and the Freelancer hereby undertakes that he is able to perform
the Freelancer Services at the quality expected from a professional with the
qualifications and /or skills that the Freelancer has represented himself as having.
(ii) The Client undertakes to make the Project Budget payments on time. The Freelancer undertakes to deliver any/ all deliverables as per the agreed milestones or deadline as agreed in the Project Agreement.
(iii) Both Users warrant that they are not in breach of any applicable laws, rules or regulations or obligations to any other person/ entity;
(iv) Both Users warrant that they have made and undertake to make all required legal and tax filings (If relevant) and that they hold the necessary legal documentation relating to their entity/ self-employment required by any governmental body.

14. Payment

14.1 Retention of funds by Maslaha
14.1.1 The Client shall deposit in advance of the Project commencement, 50% of the Project Budget with Maslaha (the “Client Deposit”).

14.1.2 The Users hereby confirm their agreement that Maslaha shall hold the monies deposited on account pending the release of the monies to the Freelance in accordance with the remaining terms hereof.

14.1.3 Maslaha’s fee for providing use of the Site is 10.5% (inclusive of VAT) of
the Client’s listed Project Budget in the Project Brief (the “Maslaha Fees”). Both Users agree to the direct deduction of the Maslaha Fees from the total agreed Project Budget upon receipt. The remaining 50% of the Maslaha Fees shall be deducted in accordance with clause 14.3.2 below.

14.1.4 The Users confirm their understanding that they will not receive any interest or earnings on the funds handled by Maslaha. Nothing in these terms and conditions grants Maslaha any ownership rights on the principal funds maintained with Maslaha with exception of the Maslaha Fees.

14.1.5 The Users hereby grant Maslaha the absolute right to hold, dispense and
/or release the funds as it deems fit and shall jointly and severally reimburse and indemnify Maslaha for, and hold Maslaha harmless against, any loss, liability or expense, including but not limited to legal fees and costs, howsoever incurred, arising out of or in connection with the performance of Maslaha’s duties in holding, dispensing and/or releasing of such funds.

14.2 Delivery of work by Freelancer:
14.2.1 The Freelancer shall not begin the agreed work on the Project until
receiving confirmation from Maslaha that the Client Deposit has been received
from the Client and that the Project has now been initiated.

14.2.2 All work must be performed by the Freelancer in accordance with the Project Agreement. Freelancer must deliver all the work through the Workspace and or Private Messaging Platform.

14.2.3 The Freelancer must first deliver locked files as, low resolution documents. Should the Freelancer fail to observe these rules strictly, then Maslaha will not be held responsible if the Client withholds or refuses to settle the outstanding balance payment.

14.2.4 The Freelancer must not send the final high resolution / open (files to the Client until receiving confirmation from Maslaha that the 50% final payment (the “Final Installment”) has been received from the Client.

14.3 Receipt of Work by Client
14.3.1 To complete the project and receive the final high resolution/ open files from the Freelancer, the Client must go to the payment page, and process Final Installment.

14.3.2 Maslaha shall then deduct the remainder (50%) of the Maslaha Fees from the Final Installment and send a confirmation to the Freelancer notifying him that the Final Installment has been received by Maslaha and that the final high resolution / open files may now be released to the Client in accordance with clause 14.2.4 above.

14.3.3 Release of Funds to Freelancer: Upon receipt of final confirmation from the Client that it is satisfied with the work, Maslaha shall release the Project Budget to the Freelancer less the Maslaha Fees.

14.4 Variation of works

14.4.1 Client may add milestones for any additional works, provided that such new milestones are pre-agreed with the Freelancer and recorded through the Private Platform Messaging System.  The Client must notify Maslaha of the additional or varied scope of work and the subsequent revised fee, if applicable. The Freelancer must also ensure that it does not initiate the additional or varied scope of work until the Freelancer receives confirmation from Maslaha that it has approved the additional or varied scope of work and that any additional funds have been added to the Project Budget as agreed between the Users.

14.4.2 The additional agreed funds shall be added to the Project Budget and added to the Final Installment.

14.4.3 Maslaha shall subsequently revise its fees accordingly and deduct the difference from the Final Installment as well.

15. Disclaimer

15.1 The Site is provided without warranty and is provided on an “as is, as available basis”. We hereby disclaim all warranties of any kind, express or implied, arising by statute, custom, course of dealing or trade usage, with respect to the Site or the services provided thereunder.

15.2 Notwithstanding the generality of the foregoing, Maslaha specifically disclaims the following with respect to the Site: implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of any service from a third party; the accuracy, timeliness, security and performance of the Site; or freedom from any errors or viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

15.3 The Site may contain links to third party products, services and/or websites that are not affiliated with Maslaha. We are not responsible for the content of these websites or applications or for anything provided by any third party. By providing a link to a non-Maslaha website or application, Maslaha does not represent or imply that it endorses such website or application. Maslaha disclaims any responsibility for any harm resulting from your use of third party websites and applications.

15.4 Maslaha may display advertisements or promotions on the website. Users acknowledge and agree that Maslaha shall not be responsible for any loss or damage of any kind incurred by the User as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, Users acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws and, as such, Users confirm their understanding that they may not modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions

15.5 Maslaha cannot and does not guarantee whether the Site, the Freelancer Services or the Maslaha Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Site, the Freelancer Services or the Maslaha Services;

15.6 To every extent permitted by law, Maslaha specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, quality, suitability and non-infringement.

15.7 Maslaha cannot and does not confirm each User’s purported identity on the Site. All information provided by Maslaha is information that is based solely on data that a User submits and Maslaha provides such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by Maslaha.

16. General Representation and Warranty

16.1 You represent and warrant that your use of the Site will be in strict accordance with the Privacy Policy, with these Terms and Conditions and with all applicable laws and regulations.

17. Limitation of Liability

17.1 In no event shall Maslaha, its related entities, affiliates or staff be liable for:

(i) any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage) incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it (including the Details), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including  negligence), breach of contract or otherwise, even if foreseeable;
(ii) the cost of procurement or substitute products or services; or
(iii) for interruption of use or loss or corruption of data.
We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. However, nothing in these Terms and Conditions shall limit or exclude any liability on us for death, personal injury or any claim or action arising from our fraud or dishonesty.

18. Indemnification

18.1 The User agrees to indemnify, defend and hold harmless Maslaha, its shareholders and their respective directors, officers and employees, agents, subsidiaries and partners from and against any and all claims, actions, demands, damages, losses and expenses, including attorneys’ fees, out of your use or misuse of the Site, your violation of these Terms and Conditions, your violation of  any  third party’s proprietary rights or any disputes between you and one or more users  connected to or otherwise arising from the Site in any way.

19. Survival and Release

19.1 These Terms and Conditions supersede any other agreement between Users and Maslaha. If any part of these Terms and Conditions are found to be unenforceable, such part will be limited to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect. Maslaha’s failure to enforce any part of these Terms and Conditions is not a waiver of any of Maslaha’s rights to later enforce that or any other part of these Terms and Conditions. Maslaha may assign any of its rights and obligations under these Terms and Conditions from time to time.

19.2 If there is a dispute between Users on this Site, or between Users and any third party, the User agrees that Maslaha is under no obligation to become involved. In the event that User has a dispute with one or more other Users, the User hereby releases Maslaha, its officers, employees, affiliates, partners, agents, and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Maslaha’s services.

20. Closing of User’s Account

20.1 User may close its account at any time subject to:

(i) not having any outstanding Project listings on the Site or Request for Quotations;
(ii) resolving any outstanding matters (such as a suspension or restriction on User’s account); and
(iii) Settling any outstanding fees or any other amounts owing on the account.

20.2 Maslaha may retain some of the User’s personal information to satisfy regulatory requirements and Maslaha’s own external obligations. Closing User’s account does not necessarily delete or remove all of the information that Maslaha holds.

21. Miscellaneous

21.1 A User may not assign any part of these Terms and Conditions without the prior written consent of Maslaha.

21.2 No failure or delay by any party in exercising any right under these Terms and Conditions shall operate as a waiver of such right nor shall any single or partial exercise of any right preclude the exercise of any other right.

21.3 Each User acknowledges and agrees that the relationship between Client and Freelancer is that of an independent contractor. Nothing in these Terms and Conditions and / or in the Project Agreement creates a partnership, joint venture, agency or employment relationship between Users.

21.4 Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Maslaha and any User.

22. Governing Law and Dispute

22.1 These Terms and Conditions will be governed by and interpreted in accordance with the laws of the Dubai International Financial Centre (“DIFC”).

22.2 In the event of a dispute arising between the parties in connection with these Terms and Conditions:

22.3 where the dispute relates to a claim for a sum within the limits specified by the DIFC Small Claims Tribunal from time to time, then the dispute shall be referred by either party to the said Tribunal; and

22.4 for all other disputes, the parties shall seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. If the dispute is not settled by mediation within thirty (30) days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. The language to be used in the mediation and in the arbitration shall be English. In any arbitration commenced pursuant to this clause the number of arbitrators shall be one and the arbitration shall be conducted in Dubai.

23. Determination of Disputes between Users and release of funds in case of dispute

23.1 Disputes related to delay in delivery of the Work by the Freelancer

If Maslaha is informed by the Client that the Freelancer has failed to meet deadlines agreed between him and the Client in the Project Agreement or new terms agreed between the Users on the Private Messaging Board, then Maslaha reserves the right to review the agreements reached between the Users and if it determines that the Freelancer is delayed in completing the work, Maslaha shall refund all monies held on account for the Project back to the Client and deem the agreement between the Users terminated.  The Freelancer hereby confirms that Maslaha will not be acting as an arbitrator or an expert in coming to any determination and shall not be held liable for exercising its discretion in this regard and shall not be under any duty to participate in any related ensuing proceedings between the Client and the Freelancer.

23.2 Disputes related to delay in payment by the Client

If the Client fails to submit the Final Installment due to the Freelancer within a reasonable time upon his notification that the work is complete and ready to be delivered in accordance with Clause 14 above, then Maslaha shall release all monies held on account for the Project to the Freelancer and deem the agreement between the Users terminated with no obligation on the Freelancer to send the high resolution files to the Client.  The Client hereby confirms that Maslaha shall not be held liable for exercising its discretion in this regard. The Client hereby confirms that Maslaha will not be acting as an arbitrator or an expert in coming to any determination and shall not be held liable for exercising its discretion in this regard and shall not be under any duty to participate in any related ensuing proceedings between the Client and the Freelancer.

23.3 Disputes related to the Quality of the Work

Maslaha makes no representations whatsoever that it has the necessary expertise to determine and / or assess the quality of the work delivered by the Freelancer to the Client and as such, Maslaha shall in no way make a determination or judgement on this matter should any issue/ question or dispute about the quality of the work arise between Users.

If a dispute regarding the quality of the works arises between the Users, Maslaha shall hold all funds related to the Project until:

(a) Both Users confirm to Maslaha in writing that they have reached an
amicable agreement, in which case Maslaha shall honor what has been agreed
between the Users; or

(b) b) Either one of the Users forward to Maslaha, a final judgement, order and
/or award from the DIFC court/ DIFC-LCIA Arbitration Centre determining
the dispute between the users, in which case Maslaha shall release the funds in
accordance with the order issued by the Execution court.

24. Notices

Legal notices may be served by Maslaha to a User to the email address provides by the User to Maslaha during the account opening process. Notice will be deemed given 24 hours after email is sent.
Any notices to Maslaha must be sent by registered post.

25. Severability

The provisions of these Terms and Conditions are severable, and if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.

26. No Waiver

Maslaha’s failure to act with respect to an anticipated or actual breach by User or others does not waive its right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

27. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Maslaha

www.maslaha.ae

in5 Innovation Centre- – Dubai
King Salman Bin Abdulaziz Al Saud St

Phone: +971 4 390 1111

Dubai, UAE

info@maslaha.ae

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