These Terms of Service and any updates and amendments thereof which may occur from time to time at the Service Provider’s sole discretion (“Terms” or “Terms of Service” or “Agreement”) govern the relationship between the Service Provider and its users (also referred to as “the user/s” or “you”) regarding the Use of the Einvite application (referred to as “Services” or “EINVITE Application”).
The Service Provider is referred to as Nomadic Capital Limited L.L.C., an entity duly incorporated at Dubai, Media City Dubai, United Arab Emirates;
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
1. Acknowledgement and Acceptance of the Terms
You must accept the Terms of Service before you can Use the Services. By Using the Services you are deemed to accept and agree to all the Terms of Service provided herein.
Please read these Terms carefully. If you do not agree with these Terms (or any part thereof), please refrain immediately from Using the Services.
3. The Einvite Services
EINVITE will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
3.1. Participants Invitation
3.1.1 Invitation to Users of the Services:
Every event will have a host who is setting up the event along with the participation fee, RSVP end date and basic information such as event name, description, time, and cost description. The host will identify the invitees first from the list of participants who are already registered users of the Services having it installed on their mobile phones. The list of participants may be filtered by name or registered email. As a user, you will receive invitations from a host for a particular event which will be added to your list of events. You will have the option to accept the invite or decline it right until the set RSVP date. You will be considered to have declined the event if you do not accept by the RSVP date.
3.1.2 Invitation to non-users of the Services:
Our Services are also extended to the users who are not registered users of the Services. In this case, the invitee will receive an SMS with the textual predefined message and a link for downloading the Einvite Application
The users may agree on the method of dividing the costs of the event between them. One option would be to divide the costs equally to all participants. Another option is to manually define how much each of the participants will need to pay.
We accept payments online using Visa and MasterCard credit/debit card in AED, USD and EURO.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
3.3 Host side
If a user wishes to organize an event and become a host and gather the necessary funds, the user will need to provide the relevant bank account details as required to enable the transfer of the funds. The Service Provider will establish one main bank account where it will receive all payments. The Service Provider will then make a wire transfer of the funds to the hosts account once the RSVP date is due.
3.4. Invitee side
The invitee will make the payment by using the Payfort payment gateway managing the transactions. The user will have the option to pay with the card or by Paypal. Please note that the Service Provider is not actually implementing a Paypal on the Einvite Application, it is only available to the use as a payment method.
3.5. Chat options
As a part of every single event, the Einvite Application will provide a live chat for users to communicate.
4. Ability to Accept Terms of Service
In order to Use the Services, you must be at least 18 years old and you must not be prohibited of using the Services under any legal requirement you may be subject to in your own jurisdiction (the “Permitted Capacity”); if you do not have the Permitted Capacity, you must refrain from using the Services. The Service Provider does not have means of verifying your age and capacity and disclaims any liability which may arise from your violation of this requirement. By Using the Services, you affirm that you have the Permitted Capacity for using the Services and that you have not been previously suspended from using the Services by the Service Provider.
5. Creating an account:
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You warrant that all information you provide to us when registering an Account is true and accurate to the best of your knowledge and belief. You must ensure the information in your Account is updated regularly with any relevant changes. You are solely responsible for maintaining the security of your Account login details and password. You are responsible for all activities that occur under your Account and must notify us immediately of any unauthorized use of which you become aware. The Service Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws (including but not limited to copyright and privacy laws). We reserve the right in our absolute discretion to refuse to register an Account for any given prospective user.
6. Grant and Termination of Service
The Service Provider may for any reason it considers reasonable at its sole discretion refuse to grant you the right to Use the Services. Even after you become a user, the Service Provider reserves the right to restrict you permanently from continuing to Use the Services at any time and for any reason it considers reasonable at its sole discretion, and this without any prior notice. The Service Provider may also interrupt the Use of Services temporarily for whatever reason it deems reasonable at its sole discretion including but not limited to any technical issues such as for maintaining and updating the Services. You expressly agree to exempt the Service Provider from any liability which may arise in this respect.
7. Service Revision, Amendment and Update
The Service Provider may from time to time revise, modify and/or update the technical features and functionalities of the Services as it finds suitable at its sole discretion. The user accepts and ratifies in advance any such revisions, modifications and/or updates.
8. Intellectual Property
Inventions means inventions, discoveries, concepts, and ideas, whether patentable or not, including but not limited to processes, methods, formulas, processes, software, techniques, including improvements of these.
Patents means all patent applications filed or will be filed in the future in any country and all patents that have issued or in the future issue from any of the foregoing.
Intellectual Property Rights means, in association with the Einvite Application or any part thereof, (a) Inventions, copyright, Patents, trademarks and industrial designs (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, for any of the same; and (c) all other proprietary rights, intellectual property rights and equivalent or similar forms of protection existing anywhere in the world in any and all media and formats, whether now known or hereafter devised;
8.2 License to Use
All Intellectual Property Rights including but not limited to trademarks, copyright, designs and patents associated with the Einvite Application are and remain at all times the exclusive ownership of the Service Provider or his licensor.
The Service Provider grants to Users a personal, non-transferable, non-exclusive, limited-scope, license to use the Services for the intended use only for using the Services in accordance with this Agreement. This license is revocable at any time at the sole discretion of the Service Provider.
9. Your Content
9.1 Right to Correct and Safe Information
We believe that everyone has the right to utmost honest and truthful information. However, the Einvite application uses essentially a user-generated content platform and therefore cannot monitor the Content posted and used by users. The Service Provider is not responsible for the Content posted and used by the users and disclaims any liability which may arise from the use of any such Content.
You are not allowed to use Content that is purposefully exaggerated or misleading for business or personal motives. You are required to state all true facts for the benefit of your fellow users.
9.2 The Right to Upload and Interact
Every user has the right to use content such as texts and photos. You must only use safe, legal and non-infringing content.
By uploading your Content using the Services, you also grant the other users in the target recipients the right to use and interact with your Content in any manner allowable by Einvite application including but not limited to commenting your Content, providing feedback related to your Content.
9.3 The Right to Privacy and Control
You are not allowed to share the information, data and other Content related to other users with third parties without their permission and prior consent. You are not allowed to data mine user information and other Content, spam or commit other intrusions to their privacy.
9.4 Ownership rights in your Content
You retain full ownership rights in your Content and you remain solely responsible for the Content you provide to us. You hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, display and otherwise exploit your Content in connection with the Services. You may adjust your privacy settings in the Services to control who can access your Content.
9.5 Einvite use of your Content
By accepting these Terms, you hereby allow and permit the Service Provider to host and use your Content in the manner it finds suitable for providing the Services to you and/or other users. Your permission gives the Service Provider among others the right for hosting your Content in the United Arab Emirates and/or any other jurisdiction the Service Provider may find suitable, backing it up, processing it, alternating it, and sharing it with other users.
The Services also provide you with data processing features including but not limited to photo thumbnails, document previews, email organization, as well as easy sorting, editing, sharing and searching of information. These and other features may require the Einvite application to access, store, and scan, alternate and process your Content. Your permission extends to allowing us sharing your Content with trusted third parties we work with for delivering the Services.
9.6 Content Disclaimer
Our Services let you share your Content with others, so please think carefully about what you share. You are solely responsible for your conduct and, the Content you provide to the Service Provider. The Content you provide can be at anytime hidden, removed or altered by the Service Provider at its sole discretion for any reason whatsoever, including if the later has a reasonable reason to believe that your Content breaches or may breach the UAE law or any other law.
We will not be responsible for the Content provided by users to us and it is at your own risk to access, view and otherwise use the users Content. While we are not obliged to do so, we reserve the right and retain an absolute discretion to review, screen and delete your Content or any other user’s Content at any time and for any reason we consider reasonable at our sole discretion.
The information shared by other users using the Services may be protected by third parties intellectual property rights. You must not use the Content shared by other users in any illegal manner including use which may constitute intellectual property infringement of these users and/or third parties’ rights. Among others, you must not copy, upload, download, share or otherwise use the Content shared by other users in any manner not consistent with its intended use in the frame of the Services. You will be the sole party responsible for the illegal and/or non authorized use of this including infringement of these rights where they occur by you, and the Service Provider disclaims any liability which may arise in this respect.
You will also be required to indemnify the Service Provider for any legal claim which may arise from any act of non authorized and/or illegal use of the Content of other users including but not limited to any act of infringement of third parties’ rights by you while using the Services. Also, as the Content being shared by you might be subject to intellectual property rights, the Service Provider disclaims any liability for any non authorized and/or illegal use of your Content by other users and third parties including but not limited to intellectual property infringement of these rights by other users or third parties and you agree to keep the Service Provider exempt of any such liability.
10. Prohibited Content
10.1 Offensive Content
You are prohibited from uploading, posting, sending, sharing or in any other manner using or manipulating Content which may:
cause any harm on any individual or company or affect its reputation and integrity; damage the reputation of others and/or incite public hatred against others; offend any religion; be inconsistent with public conduct and breaches the morals of the society, including but not limited to the public morals of the United Arab Emirates.
You are prohibited from sending images that may be offensive in any way to the recipients. If you are the recipient of such an image, please block or delete the sender from your contacts list. The Service Provider cannot monitor the images shared privately between your contacts list and therefore the Service Provider disclaimer of any liability extends to any liability related directly or indirectly to any images you receive from contacts you add or accept.
10.2 Dangerous Content
We strictly prohibit use of dangerous Content, which refers specifically to Content that promotes illegal and forbidden activities using our Services. You are not allowed to upload text, images or other Content using our Services which may directly or indirectly suggest activities that are illegal, purposefully harmful to mental or physical health, child abuse, and intrusion to privacy, national security and such.
You are also not allowed to post third-party links or directions that lead outside of our Services both online and offline to lure users to such activities whether knowingly or unknowingly.
11.Disclaimer on the EVENTS
You acknowledge and agree that the Einvite Application is only a platform enabling you to enjoy the Services whether by organizing an event as a host, booking or attending the event as an invitee and to facilitate the gathering of funds and reservations required for a certain event.
You acknowledge and agree that the Service Provider is not responsible in any manner and under any circumstances of any issue arising directly or indirectly from the use of this Einvite Application. Your correspondences, dealings and other interactions with event organizers, contact invitees and any other individuals are solely between you and such organizations and/or individuals. You should make the necessary investigations and due diligence prior to selecting such events organizers and/or individuals and prior to attending, hosting or organizing an event.
You acknowledge and agree that you will abide with all the applicable rules, regulations and laws related to you organizing, hosting and/or attending the events that are being organized through the Einvite Application.
You acknowledge and agree that you will not use the Einvite Application to organize, host or attend an event which is prohibited under the UAE laws and any other applicable law. It is your responsibility to make sure that the event conforms to the public morals and is permitted under the laws of the country where it is taking place and under any other law applicable to you.
You acknowledge and agree that you will remain solely responsible and liable for any direct, indirect, incidental and any types of liabilities arising out of you hosting, organizing and/or attending an event.
You acknowledge and agree the Service Provider is not responsible or liable for any loss or damage of any sort incurred as a result of any dealings you have with such third party event organizers and/or individuals or for your attendance at any event.
12 Security Risks
You are prohibited from undertaking any activity which may result in compromising the security and/or privacy of others including but not limited to hack our Einvite application, to misappropriate our user related information and other Content, to be involved in an identity fraud and the like.
You are not allowed to spam, solicit or otherwise communicate with our users using any wrongful and/or non-authorized means including means other than those provided by the Einvite application.
The Service Provider will undertake all the necessary efforts against the piracy and security breach of the Content provided by the users; however the users may appreciate that any such breach may still arise notwithstanding the efforts undertaken by the Service Provider. The Service Provider disclaims any liability whatsoever in case such a breach arise. The users expressly agree to keep the Service Provider exempt of any liability which may arise from such a breach.
You agree that any suggestions, ideas, complaints, recommendations or any other feedback you provide with respect to our Services or with respect to the Service Provider using any means (the “Feedback”) are non-confidential and shall become the sole property of the Service Provider to the extent the applicable law permits such grant of property; where such property cannot be granted, the Feedback may be used by the Service Provider free of charge and without prior approval and in any manner it finds appropriate and for any purpose of interest including for marketing purposes;
You assign to the Service Provider all proprietary and intellectual property rights in the Feedback and waive any moral rights you may have related thereto to the extent allowable under the applicable laws; where the applicable law precludes you from any such assignment or waiver you hereby grant the Service Provider an exclusive, worldwide, royalty-free, irrevocable and assignable license for exploiting and otherwise using the Feedback for all purposes whatsoever.
We reserve the right to restrict the user from using the Services if we have reasons to believe that the user is in violation of our Terms of Service. The user undertakes not to attempt to use our Services subsequent to any such restriction.
We take the reasonable efforts to respond to violation reports sent by users and to take action against offenders in a timely manner. We have the right to respond to a violation report for an indefinite amount of time after receipt of the violation report and/or the violation has taken place. The Service Provider is not responsible for any such delay and disclaims any liability for any harm which may arise directly or indirectly from any such delay.
16. Limited Liabilities
You agree to disclaim and keep the Service Provider exempt from any liability up to the maximum extent permitted under the applicable law for any harm arising directly or indirectly from your use of the Services of the Einvite application, its content, the users Content and our services in general including any aspect related to the organization and attendance of the events. Where such a disclaimer is held invalid and/or unenforceable under any applicable law, the Service Provider’s liability should be limited to reimburse the harmed user any fees paid thereby to the Service Provider for the Use of the Services. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL TICKPOLL, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT TICKPOLL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF AED 20.00 OR THE AMOUNTS PAID BY YOU TO TICKPOLL FOR THE PAST 12 MONTHS OF THE SERVICES IN QUE Services are provided "AS IS" at the users’ sole risk.
You agree to indemnify, defend and hold harmless the Service Provider, our management, employees, shareholders, subsidiaries, mother companies, affiliates and third parties we work with for providing the Services from any and all actions, demands, complaints, charges, claims, damages, losses, costs, liabilities, expenses and attorney fees related to your use and/or misuse of our Services, its content, the users Content and/or our services in general, including but not limited to those disputes resulting from your violation of these Terms, the rights of other users and non-users third parties.
18. Governing Law & Dispute Resolution
The Service Provider is a registered active company Nomadic Capital Limited L.L.C., thus the regulations of the company Authority and the laws of United Arab Emirates (UAE) will govern these Terms where applicable.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the Courts of Dubai, United Arab Emirates. The governing law of the Agreement shall be the law of the UAE as applied in Dubai.
You agree that the fact that these Terms of Service are presented to you in an electronic format does not affect in any way their validity or enforceability. In the event that any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement, and, where possible, the provision deemed invalid or unenforceable shall be read down to the minimum extent required to enable the validity or enforceability of the provision.
In order to be valid and have legal effect against the Service Provider, any legal notice to the Service Provider must be sent to the following address in accordance with the laws of the United Arab Emirates:
Nomadic Capital Limited L.L.C. Office 406 The Gateway Bldg Block B, Dubai Media City, Dubai, UAE email@example.com
The Service Provider may validly send a legal notice to the user using the user email address provided during the registration process to the Services. A legal notice may also be validly sent to the user in accordance with the other provisions under this Agreement, including section 17.
The Service Provider reserves the right to assign its rights and obligations under this Agreement at its sole discretion to any of its affiliates, subsidiaries, mother companies and/or any other related or unrelated entity whether located within the United Arab Emirates (including its free zones) or outside the United Arab Emirates; The Service Provider shall notify you of any such assignment through a Notice as defined in this Agreement.
22. Changes and updates to this Privacy Notice
These Terms of Service are subject to change at any given time by the Service Provider without prior notice and at the Service Provider sole discretion. Any such changes will be notified to you by the Service Provider through a Notice in accordance with these Terms;
Any Notice by the Service Provider for notifying you of any changes under the present Agreement shall be deemed to be properly given to you if the Terms are updated to reflect any such changes and/or if you are notified through your email account registered in association with your Einvite account; by agreeing to these Terms, you consent to allow the Service Provider to provide you with any such Notice from time to time; the date of such Notice shall be deemed to be the date when the Terms have been updated with any such changes and/or an email has been sent to you by the Service Provider in accordance with these Terms; you shall be responsible for regularly monitoring any such changes in the Terms and/or checking your email account for any such email notification.
If you do not agree to the Terms (including any changes to these which may occur from time to time), you must promptly stop using the Einvite application and delete your account.
By Using or continuing to Use the Services by any means you are deemed to agree to be bound by the Terms.
Date Last Modified
These Terms of Service were last updated in (April, 14, 2016)