Welcome to https://eklektikmama.com the website of Eklektik Mama Event Management – L.L.C – S.P.C. These Terms of Service govern your visit and use of the Platform and form a binding agreement between the Platform and yourself. The Terms of Service must be read in conjunction with the Privacy Policy, Code of Conduct and Disclaimer.
The following definitions apply to the Terms of Use:
Company means Eklektik Mama Event Management – L.L.C – S.P.C, an entity incorporated under the laws of UAE with email address [email protected];
Code of Conduct means the code of conduct available on the Platform that is applicable to Visitors and Registered Users;
Membership is an exclusive club of Registered Users who have free or purchased membership on the Platform in accordance with these Terms of Use;
Personal Data means any data relating to an identified natural person, or one who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of such person;
Platform means the website with URL https://eklektikmama.com, owned and managed by the Company;
Privacy Policy means the privacy policy pertaining to the Platform available at (https://www.eklektikmama.com/privacy-policy);
Registration means the registration process of Membership where you are required to provide your basic personal information such as name, contact details and private password in lieu of a subscription for an agreed period of time, subject to payment of subscription fees and compliance with the Code of Conduct and community regulations hereunder;
Registered User is an individual member of the Membership;
Terms of Service means this document that governs the use of the Platform;
Third-Party Sites means any third-party website or technology platform;
Us / We / Our refers to the Platform domiciled in the UAE and its affiliates, subsidiaries and related entities;
UAE means the United Arab Emirates;
Visitor means a visitor to the Platform who is not a Registered User;
You / Yours refers to you as a Registered User or Visitor of the Platform; and
User Account means the account of the Registered User on the Platform.
By visiting the Platform, you confirm that you are at least eighteen (18) years of age, which is legal age to form a binding contract and are not a person or entity barred from entering into contracts under the laws of the UAE or other applicable jurisdiction, and you provide unconditional consent to the Terms of Service. Please be aware that your current and future use of the Platform is subject to the Terms of Service. We urge you to read this document thoroughly. You may use certain parts of the Platform in accordance with the licence we provide you. Should you disagree to be bound by the Terms of Service, please do not use the Platform in any way.
The Platform contains:
a. An online information library of resources to help mums successfully navigate the chaos of motherhood and build a support network; and
b. An online membership directory for members to access, so that they may contact each other to network.
The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces (we cannot guarantee which devices work).
Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable licence to:
a. access and use the Platform solely in connection with its indicated use; and
b. access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any right which is not expressly granted in these Terms of Service, is reserved by us.
The licence we grant you prevents you:
a. to download or modify any content, or any portion of it, except with prior written consent from us;
b. to use any robots, data mining or similar data gathering and extraction tools;
c. from any derivative use of the Platform or any resale use of the Platform;
d. to transfer viruses, trojans or other features that may contaminate the Platform;
e. to make any false, fraudulent or speculative reservation or post or listing, transmit any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material, comment or content that may constitute or encourage a criminal or civil offence, or otherwise violate any law;
f. to take screenshots of any content on the Platform and disseminate such screenshots in any manner whatsoever; and
g. to copy, reproduce, duplicate, resell or transfer content of the Platform for any commercial purpose without prior written consent from the Platform.
You hold responsibility to be fully aware of the laws that govern your relationship with, and use of the Platform. We reserve the right to terminate this agreement without notice, suspend or limit any User Account that we believe violates or circumvents the licence that we grant; cancel any unconfirmed User Accounts or User Accounts unattended for more than three (3) months; or reject your application to register on the Platform.
You are solely responsible for the type and level of disclosures of information you make to the Platform. Our commitment to confidentiality is in accordance with our Privacy Policy. The Platform shall not engage with any individual or entity that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. We shall not intentionally continue to allow access to the Platform to any of the United States Office of Foreign Assets Control (OFAC) sanctioned countries, subject always to the laws of UAE. Kindly refrain from using the Platform if you are sanctioned by OFAC or deal with OFAC sanctioned persons or entities. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.
We retain complete rights at any time and without reason, advance notice, limitation or liability, to terminate or restrict your access to the Platform or not accept or decline Registration of a user account or to not accept or decline any requests whatsoever.
Upon successful Registration (this includes our acceptance of your Registration request) you accept to receive emails from us for the receipt of information, advertisement, and details relevant to your being a member of the Membership or to your use of the Platform. If you wish to opt out of receiving communications from us, please email us [email protected] however please bear in mind that this may impact your notifications of events, updates and changes to the Platform.
Registration is restricted to one individual and is not transferable to any third party, unless authorised otherwise by us. You may not register on the Platform as a business.
You may not use the Platform to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane comments or material or any material that will constitute or encourage conduct that would be considered a criminal or civil offence or otherwise violate any law. You may not copy or transfer the content from the Platform in any manner.
You may not use the Platform for any purpose that is unlawful or is prohibited by these Terms or applicable laws. You are responsible to know and fully be aware of the laws applicable to you and to this Platform. We are not obligated to advise you on whether or how the use of the Platform may impact you in any manner and this is your sole responsibility.
All information contained in this Platform including photographs and descriptions are by way of illustration purposes only and are subject to change. By using this Platform, you waive any claim against us for any inaccuracy in the platform materials. If you upload any information, photographs, content or illustration on the Platform you warrant and guarantee that you are not violating any third parties rights, any laws, rules or regulations.
The Platform offers a free subscription membership model. Subscriptions are renewed automatically on an annual basis.
Upon cancellation of your membership, we will terminate access to the Platform immediately.
The Platform offers a wide range of features such as:
a. Events
b. Resources
c. Community
d. Third-party discounts
e. Blog
f. Communications
g. Vlog
Events
Events are held virtually or at a specific location. They are available to Registered Users. To register you are required to provide basic personal information such as your name, contact details and private password and the payment of entry fees if applicable. Upon successful registration an email will be sent providing more information about the event.
By attending Eklektik Mama events and classes, attendees are advised that photographs will be taken at the event for use on the Eklektik Mama website and in the press, Eklektik Mama marketing materials and social media. By entering this event, you consent to Eklektik Mama photographing and using your image and likeness.
Resources
Free resources refers to digital content that can be downloaded, read and viewed on the Platform at no cost. This includes but is not limited to checklists, guides and directory. In order to access this content, you must register with your name and email.
Community
The Community refers to the digital community that is available via WhatsApp and Facebook and use shall be subject to additional terms and conditions that you are advised to read and accept.
The Mama Circle Community enables users to connect and communicate with other members, complete challenges and attend online meetups.
The Company may monitor the use of the Community for inappropriate usage however does not provide any warranties or guarantees in respect of the Community. You will use and access the Community at your own risk and volition and waive claims against the Company for your use and access of the Community. The Company expressly disclaims all warranties regarding any and all information sent through contact details retrieved on this Platform. This includes a disclaimer of all implied warranties of merchantability and fitness of any member information for a particular use or purpose.
Third-party discounts on essential business services
Eklektik Mama members are eligible for exclusive discounts on essential products and business services provided by partners, affiliates and members. However, these discounts do not imply any endorsement of the services or products being offered. We encourage members to exercise their own judgement and thoroughly evaluate any potential business agreements before making any commitments.
Blog
The Platform offers a wide range of journals on various topics for Registered Users to access and benefit from.
Vlog
The Platform hosts its own vlog which is available for Visitors and Registered Users to watch and listen. Registered Users and Partners may request to be featured on the vlog.
Communications
You may communicate with other Registered Users through the WhatsApp and Facebook Groups using the messaging / chat function however please be mindful of unsolicited communication. All content or messages shared between Registered Users shall be subject to moderation and you are bound by the Code of Conduct in this regard.
Payments made via the Platform may be accepted using MasterCard, American Express and Visa credit/debit card in AED (United Arab Emirate Dirhams, and in such case your credit/debit card will be immediately charged when purchases are made. All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to third parties. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement. Please refer to our Privacy Policy for more information. You may be required to upload a copy of your verifiable and legally issued identification for vetting your purchases through the Platform and verifying your identity, which you consent to do, if requested. If you decline to verify your purchase or your identity, your booking may not be processed or accepted.
With respect to credit card and debit card transactions, please note it is your responsibility to check with your bank first prior to making a purchase on the Platform that they do not levy any additional service, loyalty or convenience, finance, foreign exchange or other charges and fees for use of such cards. We will not be held responsible or liable for any excess charges made by banks to your credit or debit card.
In future we may offer other modes of payment and in such case you will still be liable in accordance with the above provision for any excess or associated charges.
You acknowledge, understand and agree that no refunds shall be provided for events, classes, sessions, courses, workshops, subscriptions, irrespective of circumstances, for any reason whatsoever. All payments made are non-transferable and may not be redeemed for credit or other benefits in any manner.
We have the right to create or modify Community Guidelines relating to the Platform or Membership at any time. We are not obligated to notify you however you are obligated to continue to keep yourself updated with respect to these Community Guidelines because this will govern your Registration and continued subscription to the Membership and Platform. We reserve the right to ban or deny access to any individual or business whether registered with us or not, to the Platform or Membership if we believe in our sole assessment that they violate or do not comply with the Community Guidelines.
The Platform engages with you via notices, messages and notifications, emails in the nature of receipts, advertisements, response to feedback, details relevant to registration and your User Account. You consent to all electronic communication between us unless you opt out in writing to us. The Platform has discretion to delete any comment, post, photograph or message uploaded by you on the Platform, or delete any email exchanged between the Platform and you; any unlawful, harmful, threatening, abusive, defamatory, harassing, vulgar, profane, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law, uploaded by you.
You may submit a report of inappropriate conduct by another Registered User by emailing [email protected] and by describing the problem to us. Once the report has been submitted to us, we will investigate the matter internally and take appropriate action towards the Registered User, and for this purpose, we may request for your continued support or engagement to collect or assess evidence that suggests such behaviour by the Registered User. You understand, acknowledge and confirm that any disciplinary action or inaction taken by us shall be final and binding and you will not be entitled to a rebuttal or appeal process in this regard.
You understand all aspects of all details and offerings provided through the Platform are not intended to be legal, financial, technical, medical, economical or professional advice of any kind, each of which are subject to further terms and conditions; thus, you are advised to read the specific terms or conditions of each, carefully. The Platform holds no liability to you for any direct, indirect, special, exemplary, incidental or consequential damages, including but not limited to, software glitches, inaccurate pricing due human or technical errors; damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Platform.
You shall fully indemnify the Company for all actions and omissions, arising out of or in connection to the rights and obligations provided under these Terms of Use, Privacy Policy and Disclaimer, including all discussions, negotiations, successful and unsuccessful transactions between yourself and another user, and against all third-party liability in relation to these Terms of Use.
In the event we are forced to pursue legal action against you for recovery of event dues or to seek remedies for your breach of Platform terms, you agree to fully indemnify us for all legal and administrative costs and expenses that we incur in this process.
The Platform may include advertisements or banners or options with external links on to Third-party Sites. Once you click or access these Third-party Sites, you will leave the Platform. We do not investigate, review, endorse, represent or control the content of any Third-party Sites, unless otherwise expressly stated in the Terms of Use. We are not responsible or accountable for the content displayed on Third-party Sites. You will access and use these Third-party Sites at your sole risk and liability. You also agree not to link any other site or Third-party Sites to the Platform without our express prior written consent and approval.
The Third-party Sites may select and deliver (separate and unrelated to this Platform) ad networks, advertising agencies, advertisers and audience segment providers. These third-parties sites may collect information about you and your online activities, either on the Platform or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to your advertisements that are tailored to your interests. We do not have access to, or control over, the information that Third-party Sites may collect. The information practices of these third-parties or Third-party Sites are not covered in these Terms of Use or Privacy Policy.
You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address [email protected].
Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We shall be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by you on the Platform does not constitute our opinion or advice, and the information provided should not be used or acted upon without consulting a qualified advisor. We do not ascertain the validity of posts or ratings submitted by you.
You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.
The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, software, logos, arrangements and layouts are our sole and exclusive property, or are licensed to us and all rights are reserved and are protected by international copyright laws. All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorised by us and are protected by international intellectual property rights laws.
You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.
If a court in the UAE or in any other applicable jurisdiction finds any part of the Terms of Service unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Service shall continue to be in effect to the fullest extent permissible by the applicable laws.
We reserve the right to change any content on the Platform including the Terms of Service, Privacy Policy, Code of Conduct and Disclaimer without any prior notice. The most recent version of the Terms of Service, Privacy Policy, Code of Conduct and Disclaimer will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use.
Any notices or communication under the Terms of Service, Privacy Policy, Code of Conduct or Disclaimer may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at [email protected].
By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms of Use and any dispute over the content of the Platform or relating to us shall be subject to the exclusive jurisdiction of arbitrators under the rules of the Abu Dhabi International Arbitration Centre (ADIAC) with the seat in Abu Dhabi, UAE irrespective of your geographical location, in the English language.
Provided always that for any payment defaults by you towards us, we have the right to refer such claim to the small claims tribunal at the Abu Dhabi Global Market in Abu Dhabi, United Arab Emirates. In such case we reserve the right to claim all costs and expenses from you.
In the event of claims or disputes arising out of default, breach or non-compliance by members, participants, subscribers or purchasers, we retain the right to refer and address such matters for resolution through the jurisdiction of the ADGM Courts or any alternative dispute resolution mechanism of our choice for effective resolution. You hereby confirm you have no objection to such dispute resolution forums.
We reserve the right to cancel or block access to this Platform in respect of any user at any time without notice. We also reserve the right at any time, and for any reason, to terminate this agreement in respect of any user upon written notice by email. You may terminate your agreement with us by sending us written notice and discontinuing your use of the Platform or by deleting your account and discontinuing use of the Platform. Termination of the agreement between us in these Terms of Service does not affect either party’s accrued rights or liabilities prior to the date of termination.
Following termination for any reason whatsoever, please note that you must pay all event dues outstanding. If you are already in breach of these Platform terms at the time of Termination, your access to the Platform will be suspended and/or terminated with immediate effect.
This Disclaimer shall be read in conjunction with the Terms of Use, Privacy Policy and Code of Conduct of this Platform. Capitalised terms in this Disclaimer have the same meaning as in the Terms of Use.
You shall use the Platform at your own risk and sole liability. We do not make any warranties or representations, whether express or implied, whether arising out of law or otherwise, in relation to your use of the Platform, the accuracy of the content on the Platform, or the quality or quantity of any postings or updates; nor do we accept any liability for any user reviews or feedback. We assume no liability or responsibility for any errors or omissions in the content of the Platform. While we may make changes to the Platform without any prior notice, at the same time, we are not obligated to make any such amendments. We reserve the right to disclose any information that you may provide to us through the Platform, to our legal representatives and advisors and any Governmental or federal authority in the UAE, without any prior notice or consent. We may choose include on the Platform, a small statement about why we like a particular product or service or certain expert, however our actions or inactions cannot be construed as warranty, guarantee, certification, approval, confirmation or vetting of any type with respect to any Third Parties’ whosoever, and you are fully responsible for your own review and due diligence of any purchases, discussions, transactions, meetings done by you. We hold no responsibility for your purchases, discussions, transactions, meetings regardless of whether you sourced or met the experts, or sourced the business, products or services through our Platform.
We shall not be accountable to you or any third-party relying on you, and in this respect, you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that you may suffer through using this Platform. We shall not be liable for any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Platform or any Third-party Sites.
You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Platform. If you have any concerns, questions or feedback, please direct these to [email protected].
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