TERMS AND CONDITIONS – MRUSTA.COM
Terms and Conditions of use of mrusta.com Version 3.4, 13 December 2015
By using mrusta.com, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this agreement. If you disagree with any part of these terms and conditions, please DO NOT use the site.
"Platform" means all mrusta.com websites, mobile or other applications, software, processes and any other services provided by or through mrusta.com.
"User" means a person who completes mrusta.com's account registration process or a person who submits or receives a request through mrusta.com, including but not limited to Service Providers (“Ustas”) and Customers (“Customers”).
"Customers" means a User who is registered to requests quotes for Jobs, receive quotes for Jobs, or otherwise uses the Platform for any other purposes.
"Service Provider" means a User who is registered to have access to see Jobs, send quotes for Jobs, or otherwise uses the Platform for any other purposes (“Service Provider”, “Usta”, “Business”)
"Jobs" means the services listed, quoted, scheduled, offered or provided by Service Providers, or sought, scheduled or received by Customers, through the Platform.
1. Acceptance of Terms and Conditions
a. mrusta.com ("Website”, “Site”, “Platform”, “we”, “our” or “us”) provides the services contained in this site to you under these terms and conditions (“Terms”).
b. All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
c. Each time you access this Site, you confirm that you have read and understood the terms and conditions. We may amend these terms and conditions from time to time in our sole discretion and we recommend that you check them on a regular basis.
d. By accessing this Site you are indicating your agreement to be bound by all of these terms and conditions, including any amendments made to them from time to time.
e. If you do not agree to these Terms and Conditions, then you are not permitted to use the Platform.
f. mrusta.com reserves the right at any time and from time to time to update, revise, supplement and otherwise modify these Terms and Conditions and to impose new and/or additional rules, policies, terms and/or conditions on your use of the Platform (collectively referred to as “Additional Terms”). Such Additional Terms will be effective immediately and incorporated into these Terms and Conditions. Your continued use of the Platform constitutes your acceptance of all such Additional Terms.
g. These terms and conditions constitute the entire agreement between you and the Site and supersede all prior representations, agreements, statements and understandings whether verbal or in writing.
The services provided by the Platform (“Services”) include a dynamic online directory of, tradesmen, including freelance workers, and companies (“Service Providers”) and posted Jobs on Platform: Jobs are posted by Customers of the Website, and, are wanted to be done by Service Providers.
3. Account Registration
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your mrusta.com password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify mrusta.com immediately of any unauthorized use. Mrusta.com is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of mrusta.com or others due to such unauthorized use.
4. Content and Ratings
"Content" refers to any listing, costing, pricing, financial information, location information, time schedule, forums, reviews, postings, messages, text, files, images, photos or any other material posted on the Platform. By posting Content on the Platform:
a. You grant Platform the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub- licensable right to use, copy, reproduce, distribute, display, modify or create derivative works of the Content perpetually and for any lawful purpose Platform sees fit;
b. you warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence;
c. you permit any other user of the Platform to access, display, view, store and reproduce such Content; and
d. you grant Platform the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent Platform sees fit.
e. Platform is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to the Platform.
f. Platform reserves the right to (i) refuse to share or display, (ii) move; or (iii) delete any Content posted on the Platform.
"Ratings” refers to any ratings and/or comments posted by customers/clients on Businesses in which the performance of Businesses are rated. By posting Ratings on the Platform, you warrant that:
a. You are or have been a customer/client/user of the Business in question;
b. The statements of fact reflected in the ratings and/or comments posted by you are true or not materially different from the truth;
c. The opinions reflected in the ratings and/or comments posted by you are genuine and honestly held by you.
d. You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, harmful to the business interests of the Platform, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation;
e. You will not submit or post any material which constitutes junk mail or unauthorized advertising, including solicitation of other users to buy or sell any products or services without the prior written consent of the Platform.
f. The Platform shall not be responsible for screening, editorial, or other control over ratings, comments or other content and you acknowledge that the Site may include material that could be deemed distasteful, misleading, inaccurate, offensive, or otherwise objectionable.
g. The Platform assumes no responsibility or liability for the preservation of content on the Site and may modify or remove it at its sole discretion.
5. Service Providers
a. If you are a Service Provider registered your company/business with the Platform, the terms and conditions set out in this Clause 5 will also apply.
b. By registering or using the Platform to offer, post or provide Jobs, Service Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations and in relation to the specific job they are performing. Service Providers understand and agree that sending a quote does not guarantee the quote will be read, and using the Platform does not guarantee they will be hired for work.
c. The Platform, subject to these terms and conditions, grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to reproduce and display Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Content, except as expressly permitted in these Terms. The Platform and Content are provided to you AS IS. If you download or print a copy of Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by mrusta.com or its licensors, except for the licenses
d. and rights expressly granted in these Terms.
e. In posting or submitting material about your Business on the Site, you warrant that: i. All such material is not private and is intended for publication on the Site;ii. You grant the Website the unrestricted right to use, reproduce, modify, translate and distribute any material you post or submit to the Site in any medium and for any purpose, including commercial uses;iii. All such material is truthful and accurate to the best of your knowledge;iv. You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone's privacy, harmful to other users, harmful to the business interests of the Website, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law or regulation.
f. You agree not to post, or, to encourage or procure others to post Comments and/or Ratings about your Business on the Site which is untrue, inaccurate or misleading.
g. You agree not to disclose your login details to third parties. If you do so, you are liable for any breach of these Terms and Conditions by third parties using your login details and the indemnity referred to in Clause 11 below is extended accordingly.
5.2 mrusta.com Fees and Payments
a. In connection with use of Platform, mrusta.com charges certain Fees ("mrusta.com Fees" or "Fees"). Current Fees related to the quoting process will be shown when purchasing credits ("mrusta.com Credits"). Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by mrusta.com or by anyone on its behalf, including but not limited to a third party collection agent.
b. All sales on mrusta.com are final and non-refundable. If you cancel your Account at any time, you will not receive any refund unless meeting the following criteria:
· If there has been no customer activity on your profile for consecutive 6 (six) months.
· If no jobs posted for your selected business categories for consecutive 6 (six) months.
c. You acknowledge that the Platform may increase or reduce its Fees or Credits, and/or may launch campaigns from time to time, and that alteration of the charges in these Terms and Conditions shall be in adequate notice to you.
d. You acknowledge and accept that the Platform is entitled to withdraw the benefits of registration or to remove your Business from the Platform in the event of non-payment by you.
e. Charges shall be made to your credit card, or other payment method designated at the time you make a purchase or register for a service.
f. You can buy AED 100, AED 200 or AED 500 worth of mrUsta Credits under credit system.
g. Method of Payment, Card Types accepted and Currency: We accept payments online using Visa and MasterCard credit/debit card in AED.
h. If the payment is done by credit card; the cardholder must retain a copy of transaction records and Merchant policies and rules.
i. If the Business makes the payment by credit card; and registers credit card in their Business Account; mrusta.com will re-charge the Business automatically when the Account balance reduces below zero dirhams (“Auto-recharge”), until Business cancels the Auto-recharge option.
5.3 mrusta.com Credits
a. Your purchase or receipt of mrusta.com credits represents the purchase or receipt of mrUsta.com Credits that can be used by you to send quotes via the Platform to potential customers. Each category requires a specific number of Mrusta.com Credits to quote. Mrusta.com Credits have no monetary/cash value and your purchase or receipt of mrusta.com Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. You agree that all sales of mrusta.com Credits are final and non-refundable. Information and current pricing can be found in the Platform.
You agree to not post, email, or make available through the Platform any Content and/or Ratings that is objectionable to Platform or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email or make available through the Platform any Content and/or Ratings that:
a. is false or deceptive; unlawful, harmful, threatening, abusive, defamatory,
b. is of a political nature and/or is critical of any government or municipal employee in any jurisdiction,
c. is anti-Islamic or in any way derogatory towards Islam;
d. is racist or discriminatory towards any race, religion, creed, nationality, gender or any other grouping of individuals, harmful to minors;
e. impersonates any another person;
f. includes personally identifiable information about another person without their permission;
g. solicits the sale of goods or services, except when (i) posted in the appropriately designated area of the Platform for such sales, or (ii) emailed to another user of the Platform who expressly wish to be contacted by you;
h. includes links to other websites, except when (i) expressly approved by Website in writing, and (ii) posted in a posting uploaded by you in the appropriately designated area;
i. advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to;
j. violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
k. contains any software viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
l. is pornographic or any kind of nudity, sexually explicit or perverse content;
m. contains any material related to terrorist or supporting acts.
You further agree not to use the Platform to:
n. post, email, make available through the Platform or contact Platform or any other users of the Platform with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or
o. attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform,
For the avoidance of doubt, you must not use the site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The above list of prohibited content and actions is not exhaustive and Website reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or ratings, and/or conduct themselves in contravention of this Clause 5 from accessing the Platform.
You expressly understand and agree that:
a. You use the Site at your sole risk. To the maximum extent permitted by law, the Platform disclaims and excludes all implied conditions or warranties,
b. It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Arab Emirates. The Platform is not responsible for any Content submitted by a user that infringes another’s proprietary rights.
c. The Platform does not warrant that the Services provided will be uninterrupted, timely, secure, or error free, or that any information (including Content and/or Ratings) provided on the Site is accurate, error-free or reliable.
d. The Platform does not warrant the accuracy, adequacy, quality, currency, validity, completeness or suitability of the Services or any other information available on this Site for any purpose. The Site and Services are provided on an "as is" and "as available" basis.
e. The Platform does not warrant that this Site and the Services will be free of infection by viruses, worms, Trojan horses or anything else containing destructive properties.
f. No advice or information that is obtained by you from the Site or the Platform or anyone else shall create any warranty by the Platform that is not expressly stated in these terms and conditions.
g. The Platform does not make any warranties in respect of the Businesses featured or recommended on this Site or the services performed by those Businesses, including the services provided by those Businesses who are appointed to carry out jobs posted on the Platform Jobs.
h. The Platform does not necessarily endorse, support, sanction, encourage, verify or agree with the ratings and/or comments posted by users of the Site.
i. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute the Platform’ recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
j. The Platform and Services may contain links to other sites operated by third parties. The Platform does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Any information submitted by you directly to these third parties is subject to that third party's terms and conditions.
k. In no event shall the Platform be liable for any loss sustained by you arising out of or in connection with the use or performance of this Site by you or others, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss whether at law or in tort or otherwise.
The Platform operates as an online community portal for customers/clients and Businesses. Platform does not sell any item listed on the Site directly and is never a party to any transaction between Users. As a result, Platform does not (i) guarantee or ensure any item listed on the Platform or any service or transaction between Users, (ii) collect or process payment or transfer of title on behalf of Users, or (c) warehouse, store, ship or deliver any item listed on the Platform. Furthermore, Platform is not responsible for, nor holds itself out as promoting, any interaction or dealing between you and one or more other Users of the Platform, and Platform will not be liable in any way for any such interactions or dealings.
You will not hold Platform responsible for other Users' Content, actions or inactions. While we may help facilitate the resolution of disputes, Platform is not obliged to participate in any dispute between you and other User(s) of the Platform. We have no control over and do not guarantee the truth, accuracy, quality, safety or legality of Content published; the ability of Businesses to perform the Jobs, the ability of customers/clients to pay for such Jobs.
You acknowledge that Platform does not monitor, verify or approve Content, and that you are solely responsible for evaluating and verifying the accuracy of any Content posted on the Platform.
8. Intellectual Property Rights
a. The Platform images and logos referenced in this Site and the contents of this Site are subject to intellectual property rights belonging to us. Other product and business names mentioned herein may be the intellectual property of the respective owners.
b. Any rights not expressly granted herein are reserved. You agree not to breach any trade mark, copyright, patent, design or other rights in relation to all trademarks, information, images, logos and other intellectual property included in this Site. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by us.
c. You agree not to download, copy, transmit, "data-mine", "scrape" or otherwise replicate any of the information on this Site, including Ratings, for any business purpose, whether by electronic or any other means whatsoever.
d. You agree not to use any robot spider, scraper or other automated means to access the Platform and collect Content for any purpose or otherwise copy or download Content. A limited exception is granted to search engines and non-commercial public archives, but not for websites that include any form of commercial listings.
e. You agree not to harvest or otherwise collect information about others, including email addresses, without their consent.
b. should be read in conjunction with the rest of the Terms and Conditions.
c. Any information that you provide to us when accessing this Site is collected and stored by us. The Platform will only collect personal information which is necessary for our business functions and activities, or to comply with legal or regulatory obligations.
d. The Platform collects, uses and discloses your personal information for a range of purposes. These purposes depend largely upon your relationship with us. The information we collect is used for the following purposes:
i. to be able to offer safe and simple use of the Site;
ii. to avoid Comments and/or Ratings being posted on the Site which are untrue, inaccurate or misleading;
iii. to be able to communicate, by means of electronic mail or otherwise, with you in connection with the Site;
iv. to ensure that you can access members only areas (where relevant);
v. to fix system errors and for support services;
vi. to customize the information you receive from our Site;
vii. for our research, so that we can improve our products and services and tailor them to better suit your needs;
viii. to track how the Site is used and to identify popular areas, internet trends and demographics.
e. For quality control and training purposes, we may monitor or record your communication with our support team.
f. We may use the contact information you provide to contact you via email, fax, post or telephone regarding your registration, or any other matter that we consider relevant to your use of our Service.
g. We may use any information we collect about you, including any information we may have obtained from your use of the Service, to resolve disputes, provide customer support, troubleshoot problems and enforce our Terms and Conditions and policies.
h. You may contact us to request access to any information that we hold about you and you may also ask us to correct that information if you consider it to be inaccurate.
i. We may disclose your personal data if we are compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority. We may also disclose aggregated demographic and profile data (in which neither you nor any other individual is identified) to our commercial and marketing partners.
j. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
k. If you register or sign in with Facebook or through other web based social networks, we may collect your name, profile picture, gender, networks, user ID, location, list of friends, and any other information you've shared with everyone.
l. Unsubscribe information: If at any time you wish to have your information removed from our active databases, or unsubscribe from our email posts only, please contact us. Customer Support Email: email@example.com
10. Security Measures
a. To prevent unauthorised access, maintain accuracy of our records and to ensure proper use and protection of your information, we have put appropriate physical, electronic and managerial procedures in place.
b. We have in place administrative, technical, and physical measures to protect the information we collect online. However, we cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the internet.
d. Secure Socket Layer (SSL): This Website uses SSL (Secure Socket Layer) encryption when transmitting certain kinds of information, such as payment information. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions that involve credit cards and other forms of payment.Any time mrusta.com asks you for credit card information for payment or for verification purposes on mrusta.com, the information will be accepted via SSL encryption. The credit card information you provide will not be stored on the servers of mrusta.com. The information is stored on the servers of the payment gateway provider which are secure and strictly compliant with PCI compliance norms. This is entirely for security and safety purposes. mrusta.com works with reputable and trustable payment gateway providers only. Once you choose to store or enter your credit card number on mrusta.com, it will be used for one-time use only and you will need to enter the credit card information again during your subsequent payment transaction.
You agree to indemnify, defend and hold harmless the Website, its shareholders, officers, directors, employees, and agents from any claims, actions, demands, damages, losses or attorney fees alleging or resulting from your use or misuse of the Platform or any Content or any Ratings, your breach 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 arising from the Platform in any way.
12. Limitation of Liabilities
To the maximum extent permitted by applicable law, the Platform hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, any websites linked to it and any materials posted on it, 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; wasted management or office time; 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, resulting to you or a third party from:
a. the use or the inability to use the Platform;
b. services or goods acquired through the Platform;
c. any Content and/or Ratings displayed on the Platform; or
d. viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it.
a. The provisions of these Terms and Conditions shall be deemed severable, and if any provision is determined to be illegal or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding.
b. The Website’s delay or failure to exercise a right or act on a breach of these Terms and Conditions does not waive our right to do so in the future.
c. You may not assign any part of these Terms and Conditions without the Platform’s express written permission. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice on the Site.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of UAE. All disputes arising out of or in connection with this agreement shall be finally settled by the Dubai courts. The parties have required that these Terms and Conditions and all related documents be drawn up in English language. Website will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.