Terms of use

Thank you for using Mubawab's innovative platform for consumers and businesses seeking to establish mutually beneficial business relationships.

By accessing, browsing, crawling, scraping or in any way using this website (the "Site"), you agree to these Terms and Conditions, the privacy policy posted at privacy policy, and any other guidelines, rules, and additional terms referenced herein (collectively the "Terms and Conditions"). Please read the "Terms and Conditions" carefully. Your access to or use of the Site constitutes your acceptance of the Terms and Conditions. If you are unwilling to be bound by the Terms and Conditions, do not access or use the Site.

As used in these Terms of Use, the terms "We", "Our", "Us" or "Mubawab" refer to, Mubawab, S.L.

Contact details:

Mubawab S.L. (Mubawab)
Camí de Can Ametller 24,
08195 Sant Cugat del vallés
info@mubawab.com
NIF/VAT: ES B-65259699

1- General Terms

1.1- Definitions:

A "User" is anyone who navigates the Site searching and/or browsing the Directory and/or Listings.

A "Member" is a registered user on the Site.

A "Partner" is a qualified user who has been approved to add his company's products or services to our Online Directory and/or submit listings to our Marketplace.

An "Advertiser" is an individual and / or business who has one or more active advertising in the Site.

The "Service" means the services and functionality made available to Users on the Site.

"Content" means information, compilations, communications, images, photographs, graphics, audio and videos.

"Your Content" means Content that you submit, post, transmit to or use on the Site, including but not limited to the listings, ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, transmit to, or use on the Site. Your Content does not include personally identifiable information that you submit when creating an account on the Site (personal information is subject to our Privacy Policy).

"User Content" means the Content that any User of the Site may submit, post, transmit to or use on the Site, including but not limited to Your Content.

"Mubawab Content" means Content that is created by Mubawab Team. ("Mubawab") and made available on the Site.

"Third Party Content" means Content that is made available on the Site by parties other than Mubawab or the Users, including but not limited to data providers who license data to Mubawab for use on the Site.

"Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Mubawab Content.

1.2- Eligibility

You must be at least 18 years old. In addition, you may not use the Services or accept the Terms and Conditions if (a) You are not of legal age to form a binding contract, or (b) You are prohibited by law from receiving or using the Services.

By accessing or using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Service and to abide by all of the terms and conditions set forth herein. If you access or use the Site on behalf of a company, entity or organization, you represent and warrant that you are an authorized representative of such company, entity or organization with the authority to bind it to the Terms of Service.

1.3- Modification of the Terms and Conditions

Mubawab provides users with access to a rich collection of on-line resources, including without limitation to business web page hosting services, on and off-line advertising services and the ability to contact other users and businesses (Partners) from whom Members or businesses seek deals (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Mubawab is not a real estate broker, neither a job agency nor a car dealer; and is not registered as such. Brokerage, jobs and cars services facilitated by Mubawab, are provided by third parties reasonably understood to be qualified. However, Mubawab does not make any explicit or implicit guarantees regarding service provided by third parties. Mubawab assumes no direct or indirect liability or responsibility for any and all referrals made to third parties by Mubawab.

2- Community Participants

2.1- Members Accounts

To access or use some of the Services, you may be required to register on the Site by creating an account and providing information about yourself and / or your company to Mubawab. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the Site, and are solely responsible for all activities that occur in connection with your account. You agree to notify Mubawab immediately of any unauthorized use of your account. Mubawab reserves the right to close your account at any time for any or no reason and to charge for use of the Site and Services both now and in the future.

A "Member Account" is an account for your personal use only, and may be used (among other things) to contact "Partners", post, and transmit reviews, ratings, messages, commentary, photographs, and other types of User Content. In creating or updating a Personal Account, you are encouraged to provide complete and accurate information about yourself as this information will be sent to our "Partners" when you choose to contact them through our "Request Information System". Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address that is not your own, or create multiple Personal Accounts.

2.2- Use of the Site

Subject to the restrictions set forth herein, Mubawab grants you permission to access and use the Services, including but not limited to the ability to: (a) search for products, business and services, (b) read, write and share comments about products, users, businesses and stories, (c) contact other users, businesses and service companies listed on our Directory, (d) contact business and service companies which submitted listing on our Marketplace, (e) post an ad in any of Mubawab's categories to promote a sevice or sell a product and (f) invite people you know to register with Mubawab.

You may view, download and print contents from the Site subject to the following terms of Use: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works or otherwise use the content other than as explicitly permitted herein.

You will be exposed to User Content and Third Party Content. You understand that User Content and Third Party Content may be offensive, indecent, inaccurate, objectionable or otherwise inappropriate. Mubawab does not endorse User Content or Third Party Content, including but not limited to the opinions, recommendations or advice expressed therein.

3- Terms Applying to Partners, Advertisers and other Businesses

3.1- Products and Services Offered to Partners

Mubawab offers products and services on the Site. When you enroll to obtain a product or service from Mubawab on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms of Use in the agreement for that product or service.

A listing advertisement must relate to a specific physical product, car, house, job or service. Mubawab reserves the right to terminate the listing and may choose, in its sole discretion, to retain any unearned fees associated with the term of existing listing as compensation for any violations of this condition.

If Mubawab receives a complaint from a person who has contacted or used an advertiser’s ad which Mubawab, acting reasonably, considers to be justified, or if Advertiser double-sale a product, or if you engage in any business practice that would be considered to be unfair, or if you are in breach of your obligations to Mubawab, then Mubawab reserves the right to remove the listing from the web site without notice or any rights to request a refund.

Mubawab reserves the right, in its sole discretion and without liability, to reject, omit or exclude any Partner Site and listings for any reason at any time, with or without notice to the Partner and regardless of whether such Partner Site and/or Listings was previously accepted.

3.2- Professional Accounts

To access or use some of the Services, you may be required to register on the Site by creating an account and providing information about yourself to Mubawab. You are solely responsible for maintaining the confidentiality of any passwords that you create in connection with the Site, and are solely responsible for all activities that occur in connection with your account. You agree to notify Mubawab immediately of any unauthorized use of your account. Mubawab reserves the right to close your account at any time for any or no reason and to charge for use of the Site and Services both now and in the future.

A "Professional Account" is a professional account for use on the Site as a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.

4- Fees and Services

4.1- Fees

Accessing the Site is free.

Mubawab reserves the right to commence charging Members, Partners or Advertisers at any time for any service or feature offered by Mubawab or through the Site. Accordingly, Mubawab may modify these Terms and Conditions at any time to include payment and related collection terms in its sole discretion. You will not be charged without prior notice and your consent.

We reserve the rights to charge fees for using other services, such as premium listings. When you create a listing or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may change from time to time. Changes to our fees schedule are effective after we provide at least fourteen (14) days notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.

Unless otherwise stated, all fees are quoted in Euro. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. (This includes, but is not limited to, charging other payment methods on file with Us, retaining collection agencies and legal counsel.)

5- Submitting Content to the Site

5.1- Licenses

By submitting information, you grant Mubawab a non exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable license to reproduce, use, modify, publish, adapt, translate, distribute and display such content throughout the world in any media.

5.2- Responsibility for Your Content

You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Mubawab to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Mubawab.

Because you alone are responsible for Your Content (and not Mubawab), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Partners submitting properties, or services to Mubawab, including but not limited to the Site, are understood to fully responsible for the accuracy of the information Partners provides. A Partner assumes full responsibility for updating Mubawab as this information changes or is discovered to be inaccurate. It is the full responsibility of the Partner to review the finished listing on the Site and inform Mubawab of any inaccuracies, typographical errors, misprints or omissions, and Mubawab assumes no responsibility in the event that these occur.

It is your responsibility to ensure the accuracy of the photos displayed. Mubawab is not responsible for any inaccuracies in the photos. You are expected to follow and use only acceptable content. Members and/or Partners using content that is not acceptable to Mubawab are subject to cancellation at the sole and absolute discretion of Mubawab.

5.3- Use of Your Content

Mubawab makes no representations that it will publish or otherwise use Your Content in any way. Mubawab may or may not use Your Content in its sole discretion. You understand that Mubawab does not guarantee any confidentiality with respect to Your Content. Mubawab has no obligation to store or provide you with copies of Your Content.

Mubawab reserves the right (but has no obligation) to remove or suppress User Content from the Site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that Mubawab deems untrustworthy or in violation of the Terms and Conditions or guidelines for listings, reviews, photos.

Mubawab and its licensees may display advertisements and other information adjacent to or included with Your Content on the. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

6- Conditions

6.1- Exclusion of liability

Whilst Mubawab makes every effort to ensure the accuracy of the information published on the Site, we cannot be held responsible for any errors, omissions or changes that may have occurred. All listings, recommendations, opinions expressed and prices regarding properties, services and/or destinations displayed on the Site are provided for guidance only. Personal descriptions have been written in good faith and are subjective. Services and facilities can be withdrawn at short notice and Mubawab does not accept any liability for the descriptions given. All views expressed are our own and individual opinions may differ.

We do not accept responsibility for your direct dealings with the ultimate supplier of the real estate property, vehicle, job, product or service, once the introduction has been made.

6.2- Third Parties

The Site Content may include links to other websites (the "Third Party Sites"). Mubawab does not control or endorse any Third Party Site, and you agree that Mubawab is not responsible for the availability or contents of any Third Party Site. The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).

6.3- Restrictions on Use

You agree that you will not (and will not permit others to):

1. You may submit comments and provide other content so long as the content is not obscene, illegal, threatening or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the information.

2. Use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys or other mass messaging, whether commercial in nature or not;

3. Use the Site for promotional or commercial purposes, unless expressly allowed to do so by Mubawab;

4. Use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews;

5. Use the Site in connection with the solicitation of personal information from minors;

6. Use the Site in violation of the Terms and Conditions or any applicable local, state, national or international law;

7. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade or in any way exploit the Site, the Services or any of the Site Content (other than Your Content), except as expressly authorized by Mubawab;

8. Remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content;

9. Collect or record information about Users;

10. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site;

11. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database;

12. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mubawab without the express written consent of Mubawab. You may not use any meta tags or any other "hidden text" utilizing Mubawab’s name or trademarks without the express written consent of Mubawab. You may not use any Mubawab logo or other proprietary graphic or trademark as part of the link without express written permission.

13. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Mubawab's technology infrastructure;

14. Attempt to gain unauthorized access to the Site, Member or Profesional accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

6.4- Content Feeds

Mubawab makes some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes Mubawab as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Mubawab promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden Mubawab’s systems. Mubawab reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact our business development team through our contacts page to inquire about other possible uses of the Feeds.

6.5- Availability of Service

Mubawab reserves the right (but is under no obligation) to modify, update or discontinue the Site or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability.

6.6- Copyrights

Mubawab owns the Mubawab Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. Mubawab also owns the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights (the "IP Rights") associated with the Mubawab Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Mubawab Content in whole or in part except as expressly authorized by Mubawab.

7- Disclaimer

ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MUBAWAB AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY MUBAWAB ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. MUBAWAB DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS.

MUBAWAB, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF MUBAWAB, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.1- Indemnity

You agree to indemnify, hold harmless and defend Mubawab and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney's fees and costs, arising from or relating to: (i) your breach of these Terms and Conditions; (ii) your negligence or willful misconduct; (iii) any allegation that the content infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets; (iv) in connection with your use of the Site or any hyperlinked Web site or (v) resulting from content you supply. You agree that Mubawab shall have the right to participate in the defense of any such claim through counsel of its own choosing.

8- Applicable legislation

The General Conditions of Use and the remaining legal conditions of the Website are governed in each and every one of their aspects by Spanish law.

If you have questions or suggestions, please write to: info[att]mubawab . com

If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to info[att]mubawab . com

Effective Date: October 1, 2010

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