Welcome, Ma’lee is a Cloud-Based ‘Software as a Service’ (SaaS) developed to assist freelancers, and small businesses with their operations by providing features that automates day-to-day business tasks. These terms and conditions outline the rules and regulations for the use of The Ma’lee Website.
By accessing this website, you accept these terms and conditions in full. Do not continue to use the website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the state of California. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Your Ma’lee account
You must open an account with Ma’lee to use the Services. During registration we will ask you for information, which may include, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Ma’lee Account, including any actions taken by persons to whom you have granted access to the Account. We reserve the right to change the account type, suspend or terminate the Ma’lee Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements, where doing so is reasonably necessary to protect Ma’lee legitimate business interests. You are fully responsible for all activities that occur under your Account.
Subscription Plans
· Some of the service subscriptions provided on the platform, are provided on the basis of payment to avail the premium features and services. These premium features or services are described on the respective sections of the platform.
· The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of platform. To subscribe to the premium plans, the User must register or log into platform.
Any steps taken from choosing a subscription plan or upgrading the current subscription plan. The purchasing process includes these steps:
1. Users must choose the desired subscription plan and verify their features or services included in the subscription plan before selection/ purchasing the subscription plan.
2. After having reviewed the information displayed in the purchase selection, Users may purchase it.
When the User purchases the subscription plan, the following applies:
1. The purchase of the subscription plan determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the payment page.
2. Users can download their purchase receipt on the respective section of platform after successful payment confirmation.
3. Price: Users are informed during the purchasing process, about any fees, taxes and costs that they will be charged.
· Prices on platform are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing
Contract Duration Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Fixed-Term Subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee.
Downgrading or cancellation will be effective immediately and you will not be entitled to a refund of any payments.
a) Automatic renewal
Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or platform.
The renewed subscription will last for a period equal to the original term.
The User shall receive a reminder of the upcoming renewal reasonably in advance, outlining the procedure to be followed in order to cancel the automatic renewal.
b) Termination
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Ma’lee using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the platform.
c) Termination notice
If the notice of termination is received by the Ma’lee before the subscription renews, the termination will be effective immediately and you will not be entitled to a refund of any payments.
Payment Charges
· Registration on the Platform is free of cost with limited features. However, in case of purchase of service, the Customer shall pay an amount, for the subscription of the services availed through the Platform, directly to the Company in any of the prescribed modes of Payment Methods powered by different Payment gateways (Stripe and PayPal)
1. Debit Card
2. Credit Cards
· The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions. Currently the payment gateway through which payments are processed on the Platform are Stripe or PayPal, but the same may be changed at any point of time at the sole discretion of the Platform. Any change in information with regard to the third-party payment gateway will be updated on the Platform by the Company.
· The Users can seek a refund only in accordance with the terms of Refund and Cancellation Policy.
Revisions, Disclosures and Notices
By providing reasonable prior notice to you, we may amend the Terms at any time, including to incorporate new Additional Terms. We may provide such notice by posting the relevant revised Terms (each, a “Revised Version”) on our website. If the revised Terms include any material change to your existing rights and obligations or the material terms of the Services, we will alert you by email at least ten (10) days in advance. The Revised Version will be effective as of the time it is posted, but will not apply retrospectively. You can stop using the Services at any time by deactivating your Ma’lee Account without penalty. Your continued use of the Services after notice of a Revised Version becomes effective shall constitute your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the Terms in place when the Dispute arose.
Restrictions
You may not, nor may you permit any third party, directly or indirectly, to:
1. export the Services;
2. access or monitor any material or information using any manual process or robot, spider, scraper, or other automated means, unless you have separately executed a written agreement with Ma’lee referencing this;
3. except to the extent that any restriction is expressly prohibited by Law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
4. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
5. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way software, material, information or Services from Ma’lee;
6. transfer any rights granted to you under the Terms;
7. use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
8. use the Services for any illegal activity or goods or in any way that exposes you, other Ma’lee users, our partners, or Ma’lee employees to harm; or
9. otherwise use the Services except as expressly allowed under these Terms.
If we reasonably suspect that your Ma’lee Account has been used for an unauthorised, illegal, or criminal purpose, you give us express authorisation to share information about you, your Ma’lee Account, and any of your transactions with law enforcement authorities.
Your Content
The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”). You represent to us that you have authority to use the Content in the relevant manner and to grant us the rights below.
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote and incorporate into the Services, with or without attribution or reference to you and even where the treatment of your Content may be considered derogatory. You acknowledge that this consent is irrevocable, is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement. You retain all rights to your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Ma’lee Account or by terminating your Ma’lee Account, but your Content may persist in historical, archived or cached copies and versions available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offence or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Ma’lee or its partners’ products and services, as determined by us in our reasonable discretion; or (f) is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Ma’lee, its affiliates or its customers to harm or liability of any nature, as determined by us in our reasonable discretion.
Although we have no obligation to monitor any Content, we have discretion, while acting reasonably, to remove Content without notice if you breach any of the restrictions outlined above. Ma’lee may also monitor such Content to detect and prevent fraudulent activity or violations of these Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content, except to the extent arising from fraud, negligence or wilful misconduct of Ma’lee or our directors or officers.
Intellectual Property Infringement
We respect the intellectual property rights of others and ask you to do the same. We have adopted a Copyright and Trademark Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.
Do’s and Don’ts on the Platform
The Platform aims at providing cloud-based appointment scheduling and management of any legal business of the User. The Platform also aims at easing the administration for businesses, more particularly the storage of necessary information and processing of essential administrative functions. Hence the list of do’s and don’ts limit what the User can and cannot do with the services offered on the Platform.
A. Do’s
The Users agrees that they will:
1. Provide accurate information on the Platform and keep it updated;
2. Use their real names on their profile; and
3. Use the Services in a professional manner and lawful manner.
B. Don’ts
Users agree that they will not:
· Create a false identity on the Platform, misrepresent their identity, create a member profile for anyone other than that of themselves (a real person), or use or attempt to use another User’s account;
· Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Platform;
· Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
· Copy, use, disclose or distribute any information obtained from the Platform or through the Services offered, whether directly or through third parties (such as search engines), without the consent of the Company;
· Disclose information that User does not have the consent to disclose (such as confidential information of any third party);
· Violate the intellectual property rights of any third Party, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
a) For example, copying or distributing (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
b) Violate the intellectual property or other rights of the Platform, including, without limitation:
c) Copying or distributing any content generated by the Platform or other materials or
d) Copying or distributing our technology, unless it is released under open-source licenses;
e) Using the name of the Company or its logos in any business name, email, or the name of the platform and its associated logos and trademarks;
f) Post anything that contains software viruses, worms, or any other harmful code;
· Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
· Imply or state that the User is affiliated with or endorsed by the Company or Platform without seeking the express consent of the Company;
· Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Company’s express consent;
· Deep-link to the Services of the Platform for any purpose other than to promote the User’s profile or a Group on our Services, without the Company’s consent;
· Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
· Monitor the Services’ availability, performance or functionality for any competitive purpose;
· Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
· Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
· Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
· Violate the Terms and Conditions and Privacy Policy of the Platform or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the platform, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
· any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
· any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
· any errors, mistakes, or inaccuracies of content;
· personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
· any unauthorized access to or use of the platform’s secure servers and/or any and all personal information stored therein;
· any interruption or cessation of transmission to or from the Service;
· any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
· any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
· the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the platform, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the platform hereunder in the preceding 12 months, or the period of duration of this agreement between the platform and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract,tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to Users. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Dispute Resolution and Jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (45) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be at Austin, Texas, United States of America.
Pre-Arbitration Claim Resolution: For all disputes, you must first give us an opportunity to cure or resolve the dispute which is first done by emailing us at support@malee.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of California, United States of America.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
If you have questions or concerns, please e-mail support@thesocialsurge.com