Privacy Policy
Privacy Policy
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Part I – Definitions, Agreement to be Bound.
Definitions.
References to the “Mauidy Services” mean those appointment-scheduling services made available by us through the Mauidy Application.
References to the “Mauidy Application” mean any mobile, web, or voice software application related to the Services designed, developed, and/or made available by us and available through the iTunes and Google Play stores as well as other third-party services, including but not limited to Amazon Alexa and Google Home.
References to the “Mauidy Site” mean the Web site bearing the URL http://www.Mauidy.sa and all affiliated websites owned and operated by Mauidy, our subsidiaries, and related companies.
References to the “Commercial Content” mean content which advertises or promotes a commercial product or service.
References to a “Customer” mean any person or entity who uses the Mauidy Application Mauidy Site, or a Third-Party Platform as defined in Section 3.8 to schedule an appointment, manage appointments, browse health-, beauty- and wellness-related content and services, and/or pay for services rendered, whether said individual registers directly for the use of the Mauidy Application or is added by an SMB through whom Customer obtains services.
References to “Dispute” mean any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by the Terms.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.
References to the “Services” mean, collectively, any and all services offered by us, including but not limited to (1) the Mauidy Site, (2) the Mauidy Application, (3) the Payment Services, and (4) any other services or features made available by Mauidy through the Mauidy Site, Payment Services (as set forth in Section 4.5 hereof,) or Mauidy Application.
References to a “SMB” mean a small or medium business and seller of goods, services, or products who use the Services to allow Customers to book, manage, view, and cancel appointments.
References to the “Terms”, “Terms of Use” and/or “Agreement,” mean these terms as set forth herein.
References to “us,” “we,” “our,” and/or “Mauidy,” refer to Mauidy, Inc., a Delaware corporation with its principal operating office in Illinoi and all its designated agents, employees, and subsidiaries within the United States of America for those customers based and/or residing
in North and South America and Australia. For customers based and/or residing in the European Union, the terms "Mauidy" and "we", “us” and/or “our” refer to Mauidy International Sp. z.o.o., Łucka 2/4/6 U4, 00-845 Warsaw, Poland, and all its designated
agents, employees, and subsidiaries within the European Union. For the avoidance of doubt, the entity to which you provide implied consent through your use of the Services depends on your place of residence and location of use of such Services.
References to “you,” and/or “User” mean the User of the Services, whether as a SMB or Customer.
Agreement to be Bound.
The following Terms of Use, together with the relevant information set out on the Services, including any features and services available, are subject to the Terms of Use set forth below. Please read them carefully as any use of the Services, whether directly through us or via a Third-Party Platform, constitutes an agreement, without acceptance, to be bound thereby by the User. By accessing or using the Services or clicking “accept” or “agree” to
this Agreement, you represent (1) that you are at least eighteen (18) years old (and in some jurisdictions twenty-one (21) years old), (2) are not prohibited by law from accessing or using the Services, (3) you have read, understand, and agree to be bound by this Agreement, and
(4) you have authority to register a SMB and act on its behalf.
These Terms of Use are subject to the Privacy Policy, which also governs your use of the Services. In addition, each SMB and Third-Party Platform shall have his, her, or its own Terms of Use, which bind all Customer/SMB transactions.
The Parties acknowledge and agree that each SMB, Customer, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to the Terms of Use and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other parties shall be third party beneficiaries to these Terms of Use.
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Part II – General Provisions.
About Us; Mauidy not Vendor; No Endorsement.
At its core, Mauidy acts as a software as a service to allow its Users to book, manage, view, and cancel appointments. In addition, the Mauidy platform and all related Mauidy applications allow Users to browse, view, and review content and potential service providers for health, wellness and beauty related services. Mauidy does NOT have control over (1) the quality, safety, morality or legality of any aspect of any Services offered by SMBs using our Services, (2) the truth or accuracy of the listings or directory information provided to us by SMBs, (3) the timeliness or accuracy of any SMB appointment calendar, (4) the ability of
SMBs to provide Services booked, (5) the identity of any SMB or Customer, or (6) the ability of Customers to pay for Services. We do not and cannot ensure that a SMB or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.
You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. IN ALL INSTANCES EXCEPT WHERE NOTED, ALL SALES AND SERVICES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, AND DELIVERED BY SMBS WITH WHOM A
CUSTOMER DIRECTLY CONTRACTS. AT NO TIME WILL A CUSTOMER/MERCHANT RELATIONSHIP EXIST BETWEEN US EXCEPT AS
EXPLICITLY NOTED. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
Accuracy, Completeness, and Timeliness of Information.
We are not responsible if information made available on the Services is not accurate, complete, or current, including but not limited to the corporate information of a SMB, calendar availability, and bookings made.
Errors in the Services.
If you encounter any error in the service, let us know at support@Mauidy.com. We do not warrant that any errors in the Services will be corrected.
Modifications and Changes to Terms of Use.
Mauidy may update or revise this Agreement (including any Mauidy Policies) from time to time at its sole discretion and without limitation upon notice of the same via posting to the Services and/or the emailing of a notice to our registered Users. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or SMB Account (as defined below). Except as otherwise expressly stated by Mauidy, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.
Modifications and Changes to the Services.
We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or SMB Account (as defined below). Except as otherwise expressly stated by Mauidy, any use of the Services (e.g., the use of the Booking Services or the Payment Services) is subject to the version of this Agreement in effect at the time of use.
Access to Web sites or Services.
Though we try to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Services will be at all times available. Use of the Services requires Internet access through your computer, mobile device, tablet or other internet-accessible device as allowed by Mauidy.
You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Mauidy does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Mauidy Site, and some features and portions of the Services (including, but not limited to, making, modifying, or cancelling appointments) may not be accessible with JavaScript disabled.
Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or
cancel an Account or a SMB Account (as defined below) for any reason whatsoever. In the event that we make a change to or cancel an Account or a SMB Account (as defined below,) we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account or SMB Account (as defined below) was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account or SMB Account (as defined below) termination.
Prohibited Uses of the Services.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services; (l) take any action that imposes or may impose (in Mauidy’s sole determination) an unreasonable or disproportionately large load on the Services or Mauidy’s infrastructure; (m) rent, lease, copy, provide access to or sublicense any portion of the Services or Mauidy Materials (as defined below) to a third party; (n) use any portion of the Services or Mauidy Materials (as defined below) to provide, or incorporate any portion of the Services or Mauidy Materials (as defined below) into, any product or service provided to a third party; (o) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non- public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Mauidy); (p) modify any Services or Mauidy Materials (as defined below) or create any derivative product from any of the foregoing; (q) remove or obscure any proprietary or other notices contained in the Services or Mauidy Materials (as defined below); or (r) publicly disseminate information regarding the performance of the
Services or Mauidy Materials (as defined below) or access or use the Services or Mauidy Materials (as defined below) for competitive analysis or benchmarking purposes. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
Communications Systems and Authorization to Contact You; Pop-out Information; Recording Calls; Analyzing Your Messages and other Content.
The Mauidy Application may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby represent that you are aware that you will receive and you expressly consent to receive SMS text messages, phone calls, emails, push notifications, in-app communications, and Web-based browser technology containing Commercial Content, such as Web beacons and or other chatbot applications from Mauidy regarding the Services and as otherwise described in our Privacy Policy. You may be charged for such communications pursuant to your carrier contract. Additionally, by providing your contact information and/or connecting related accounts, you provide access and consent for Mauidy to communicate with you via voice assistants, such as Siri, Alexa, and Google home or any other similar voice services.
Mauidy may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) infrequently poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Mauidy may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), to which you agree by providing your mobile phone number (as specified above). Mauidy may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
Mauidy works with the following carrier partners:
Should you have any questions about your text plan or data plan, please contact your
wireless provider.
If you do not wish to receive communications as specified above, you may change your communications preference (including withdrawal of your consent to obtain said communications) at any time, including through the communications preferences section of your account. You may refrain from receiving said communications via SMS also by sending the word STOP to a message you received or to SHORTCODENUMBER. Please note that message and data rates may apply. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@Mauidy.com.
Mauidy may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Mauidy, to carry out the purposes identified above.
Mauidy may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Mauidy or its agents for quality control and training purposes, or for its own protection. Mauidy automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Mauidy’s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Mauidy may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing.
If Mauidy provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services.
Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
users acquire any Mauidy Application with only those rights set forth therein. If you are a Government End User, please consult first with your relevant legal department prior to use to confirm your use is compliant with the standards and policies under the Code of Federal Regulations.
Fraudulent Actions of Users.
Mauidy is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Mauidy from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. Mauidy reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
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Part III – Customer Accounts.
Online Accounts.
Customers shall be given the opportunity to register via an online, mobile, voice activated or offline registration form to create a Customer account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts may be cancelled via contact with
support@Mauidy.com.
Transfer Prohibited.
You agree that you shall not sell, trade, or transfer your Account to any other person or entity.
Account Guidelines.
The Services may contain the ability to communicate with other Users on one or more profiles, booking forms, platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute, or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and
Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of use of the Services; and
Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of use of the Services; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods or services in the scope envisioned by the express purpose of the Services; and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise
Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a third party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Services or the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or the Interactive Areas; and
Shall not facilitate or encourage any violations of these Terms of Use or any other Mauidy policies.
Users agree and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Right to Monitor.
We shall have the right to monitor your Account in our sole and exclusive discretion.
Verification of Users.
Users wishing to participate in the Services may be asked to provide a valid mobile phone number through the Mauidy Application and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the Mauidy Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages at that number. Users wishing to participate in the Services may also be required to verify their identities, especially in the case of Payment Services. This may
include but is not limited to providing proof of identity (such as via a passport or other photo- bearing piece of identification) and residence (such as via a current utility bill.) Mauidy does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity.
Account Settings.
You may establish certain default settings for your use of the Payment Services through the Mauidy Application, such as your preferred payment card account. You may change these settings through the Mauidy Application.
Use of the Booking Services via Third-Party Platforms.
Mauidy works with third-party websites, applications, and services (each a “Third-Party Platform,”) through whom our Booking Services and Payment Services may be facilitated. In accordance with our Privacy Policy, unless a Customer opt-outs by contacting us at support@Mauidy.com, we may contact such Customers who access or otherwise use our Booking Services and/or Payment Services via such Third-Party Platforms at the email address or phone number provided to such Third-Party Platform by Customer.
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Part IV – Terms of Sale for Booking Services, Payment Services.
Appointment Booking.
Mauidy provides the Booking Services to Users for the purpose of assisting Customers in discovering and booking appointments with variety of participating SMBs and of assisting SMBs in more efficiently managing their calendars and increasing their customer base. In response to a Customer’s online request for a SMB appointment through the Mauidy Site or Mauidy Application, Mauidy directly contacts the SMB’s computerized database of
appointments. The availability of appointments is determined at the time of User’s query and is provided by the SMB. Users understand and agree that Mauidy does not independently verify the availability of any SMB and cannot be held liable for errors in a SMB’s calendar, such as double-booking or bookings that are not honoured by the SMB. Once an appointment is made by a Customer through the Mauidy Site or Mauidy Application, Mauidy will provide confirmation of the appointment to both the Customer and SMB by email to the email address provided by said User upon registration. By using the Booking Services, Users agree to receive appointment confirmations and reminders by email, SMS, push notifications, and/or any chatbot-related or voice-assisted technology with which Mauidy may engage. Mauidy shall not be held liable in the event an appointment confirmation or reminder is not sent to or received by a User.
Appointment No-Show & Cancellation Policy.
Mauidy is committed to providing quality services to Customers and SMBs. To assist us in maintaining a consistently high level of service for SMBs and their patrons, Customers must make every reasonable effort to cancel any appointments that they will be unable to honor as soon in advance of the appointment as possible. You may cancel your appointment via the Mauidy Site or Mauidy Application or by calling the SMB directly. Some SMBs may require a debit or credit card number to finalize your appointment booking and place a hold on the SMB’s calendar. In order to use the Booking Services for these SMBs, you must provide valid debit or credit card information and a specific amount could be blocked or prepaid, and you may be required to cancel your appointment in accordance with the SMB’s stated cancellation policy, which will be disclosed at the time the appointment is made.
Mauidy uses this debit or credit card information as described in our Privacy Policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your appointment in accordance with an SMB's cancellation policy. Be advised: you may be charged a cancellation fee indicated during the booking process or lose the amount blocked or paid, if you arrange a Booking Service, but cancel late or no-show, thus committing a breach of a stated cancellation policy of the SMB. In case it is not otherwise specified, the refund of any amount blocked or pre-paid rests solely with the SMB.
Customers who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of Mauidy, in the event that such account activity is detrimental to orderly Booking Services with SMBs and members of the Mauidy community.
Usage Guidelines.
User agrees to use the Booking Services only to book appointments at SMBs and then honor those appointments by arriving at SMBs on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services.
Mauidy Payment Services, Generally.
Mauidy may offer third-party payment services (the “Payment Services”) in order to allow Customers to pay bills at participating SMBs through the Mauidy Application. Specifically, Mauidy collects and processes payments on behalf of SMB through Bank Alarabi, a recognized professional payment gateway provider. In order to use the Payment Services at a participating SMB, Customers must: (1) install the Mauidy Application on a compatible mobile device; (2) make a reservation for the SMB through the Booking Services; (3) provide valid payment information through the Mauidy Application as further described below; and
(4) have an Account in good standing. There is no fee from Mauidy to Customer to use the Payment Services; however, Customer’s mobile carrier’s standard text message and data charges may apply; you are responsible for any fees charged by your mobile carrier in connection with your use of the Payment Services and Mauidy Application.
Sale Prices.
The prices and the terms of payment for SMB services are displayed at the time of booking via the Mauidy Application; however, SMBs may modify or change these fees at any time, in their sole discretion. The Mauidy Site and Mauidy Application support both included and excluded tax systems. In the former, the prices presented are the final prices including all sales taxes, and, in the latter, such taxes will be added to the final price after the service is rendered. The decision as to which system should be used is up to the SMB.
Payment Card Information.
In order to use the Payment Services, Customers must provide account information for at least one valid debit or credit card through the Mauidy Application. Mauidy uses this account information as described in our Privacy Policy. You may add, delete, and edit the debit or credit card account information you have provided from time to time through the Mauidy Application. If you provide account information for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your bill.
To confirm that the payment card information you have provided is accurate, we may place a temporary $1.00 authorization hold on your debit or credit card at the time you provide your payment card information through the Mauidy Application. After we verify that your payment card information is accurate, usually within a few days, the $1.00 hold will be removed. In no event will your payment card actually be charged for this $1.00 authorization.
To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers (such as payment gateway providers) to process payments and manage debit and credit card information.
By providing debit or credit card account information through the Mauidy Application, you
represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the Mauidy Application, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account. By using Booking Services, you acknowledge and accept the binding agreement to bear full financial responsibility for all Booking Services that you schedule using Mauidy or information contained on Mauidy.
Payment Authorization and Settlement.
When you indicate through the Mauidy Application that you intend to pay your bill using the Payment Services, you authorize Mauidy or the payment service provider to charge your debit or credit card for the full amount of the services to be rendered and any cancellation fees that you may incur at any time prior to or after the appointment time and date. You are responsible for timely payment of all amounts owed by you to Mauidy and SMBs.
Receipts and Transaction History.
All the receipts for the transactions connected with the Payment Services are visible in your Account in the Mauidy Application and/or Mauidy Site. If you would like an emailed version or a paper receipt, you must request one from the SMB at the time of the transaction or service.
Incomplete Payments.
Mauidy is not liable for any payments that the Payment Services do not complete because:
your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit, or credit card account through the Payment Services, you are solely responsible for paying the applicable SMB(s) by other means, such as cash, as required for the full value of the services scheduled and/or delivered.
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Part V - Gift Card Service.
SMB(s) may provide Customers with the possibility of using electronic vouchers, entitling their Customers or persons indicated by them to use the SMB's Service on terms specified in advance by him, with electronically assigned information on the value of the voucher ("Gift Card"). In particular, the Gift Card may be in the form of an e-mail or PDF (or other) document.
The Gift Card is offered by SMB(s) in the System through dedicated functionality. Before issuing a Gift Card, it must be paid for by the Customer. The Customer prepares the Gift Card by an external electronic payment provider. Mauidy does not process any information, including personal data, regarding payments made in connection with the payment of the Gift Card.
SMB(s) are solely responsible for the sale, transfer and implementation of the Gift Card and for the proper performance of the Service covered by the Gift Card.
The payment operator's commission for making a payment to purchase a Gift Card does not charge the Customer
The rules on which the Gift Card is made available and implemented are specified by the SMB in the content of the offer or regulations made available by him in the System. In particular, the SMB may specify:
what Service, scope or type of SMB Services the Gift Card applies to;
value of the Gift Card expressed in currency;
discount (e.g. Gift Card costs $100, but authorizes to use the Service worth $120);
the validity period of the Gift Card, i.e. the period for which the Gift Card can be used;
whether the Gift Card is personal or bearer's;
if the Service is used for a price lower than the value of the Gift Card, the remaining amount is forfeited or remains to be used;
Is it possible to use a SMB Service with a price higher than the value of the Gift Card or the amount remaining to be used by paying an additional payment;
rules and dates for returning a Gift Card;
if the Gift Card may be blocked if it is lost;
additional elements, e.g. priority in booking dates or the possibility or not being able to take advantage of certain promotions.
The rules set by the SMB on which the Gift Card is made available and implemented shall not exclude or limit:
universally binding provisions, including provisions protecting consumers;
chargeback refund rules set out in relevant regulations of banks or payment card / credit card operators / providers.
The Gift Card cannot be exchanged for cash without the consent of the SMB.
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Part VI – SMB Terms of Use.
In addition to the other terms contained in these Terms of Use, the following SMB Terms of Use shall be applicable to all SMBs.
Unauthorized Business.
In addition to the forgoing prohibited uses, our Mauidy Application and the Mauidy Site may not be used by a SMB to cause us to sell on his, her, or its behalf any of the following products or services, (hereinafter “Unauthorized Business:”) (1) any illegal activity or goods;
drugs and tools intended for the production of drugs; (3) pharmacies or pharmacy referral services; (4) betting, including lottery tickets, sports related gambling, casinos; (5) insurance or other financial merchandise or services; (6) money transfer; (7) independent financial adviser services or securities; (8) pyramid selling or multi-level marketing; (9) counterfeit goods and goods infringing on third party intellectual property rights; (10) adult entertainment oriented products or services; (11) escort or sexual services; (12) sales of firearms, ammunition, or weapons and other devices designed to cause physical injury; (13) internet/mail order/telephone order of age-restricted products (e.g., tobacco, alcohol); (14) hate or harmful products or other products or services invoking or supporting discrimination, violence or terrorism; (15) any other sales of products or services in highly-regulated industries; and (16) illegal software or illegal downloads such as music, films, or games. Violations of this requirement may result in account termination.
SMB Accounts, Generally.
In order to use and benefit from our Services as a SMB you must create an account through the Mauidy Site or Mauidy Application (“SMB Account”). By opening your SMB Account, you agree to comply with the Terms of Use, Privacy Policy and agree to provide Users with the services they booked with you in accordance with the Terms of Use. In addition, those terms and restrictions set forth in Sections 3.2 through 3.6 of these Terms for Customer Accounts shall apply equally to SMB Accounts.
When registering an SMB Account, you represent that you are authorized to act on behalf of the SMB and must provide true, accurate, current, and complete data about the SMB being registered. Such data may include KYC (i.e. Know Your Client) data, as requested by our
payment gateway provider. Be advised that our payment gateway provider may reject any SMB if it fails the provider’s internal due diligence procedures. For more information, see the terms and conditions of our processor, Bank Alarabi, available at https://www.anb.com.sa
You also agree to promptly update your SMB account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your SMB Account and the information in your SMB Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your SMB Account, whether or not authorized by you. You agree to immediately notify Mauidy of any unauthorized use of your SMB Account or any other breach of security related to your use of the Services.
Registration, Service Fees.
Registration of a SMB Account may or may not be free of charge, depending on the region of the SMB’s business activity or type of services provided, thus, you may have to pay a fee to register your SMB Account (“Registration Fee”). The exact amount of Registration Fee will depend on type and location of your SMB. Mauidy reserves the right to change, from time to time and in its full discretion, the locations or types of SMBs which benefit from the reduced or waived Registration Fee.
Registration Fees shall be transferred via acceptable payment methods as set forth by us at the time of registration or as otherwise communicated to the SMB. In addition to the Registration Fee, you agree that a specified fee will be periodically, monthly or semi- annually, depending on your arrangement with Mauidy, transferred from said acceptable payment method account for placing your offers via Services and maintaining the SMB account (“SMB Subscription Fee”). The first SMB Subscription Fee will be transferred at the moment of registration along with the Registration Fee, if applicable. Mauidy reserves the right to waive or reduce your SMB Subscription Fee for a certain period in its sole discretion, such as in the event of a free trial period. After such period, you will be presented with an offer of a certain SMB Subscription Fee and a pertinent amount will be transferred from your account if you agree to its conditions. Mauidy reserves the right to block or delete the accounts of SMBs which do not transfer required fees.
Relation of Account on Third-Party Platform.
Mauidy works with third-party websites, applications, and services (each a “Third-Party Platform,”) through whom our Booking Services and Payment Services may be facilitated. In accordance with our Privacy Policy, unless a SMB opt-outs by contacting us at support@Mauidy.com, we may automatically-create a SMB profile on such Third-Party Platforms using the information provided to us by the SMB upon the creation of a Mauidy SMB Account, which may include but may not be limited to: business name, address, telephone number, email address, hours of operation, schedule of availability, services offered, price list, reviews, and photographs. By using the Services, you grant us a license to use and disclose the same to such Third-Party Platforms and further warrant that the forgoing information provided by you to us will not infringe the rights of any third-party. The
use of Third-Party Platforms and accounts thereon is subject to their own privacy policies and is not covered by these Terms or our Privacy Policy.
Cancellation of a SMB Account.
You can cancel your SMB Account by sending us an email on support@Mauidy.com or contacting Mauidy through the in-app chat. However, Mauidy will not refund you for the period already paid for, even if you were not using your SMB Account during that period, you received no bookings, or your offer was not listed in the Services. In case of a cancellation, we reserve the right to delete your SMB Account from our Services and in accordance with our Privacy Policy.
Please be advised that cancellation of a SMB Account with Mauidy may not cancel or cause to be deleted a SMB account on a Third-Party Platform. To cancel or request to be deleted such accounts, SMBs should contact such Third-Party Platform directly.
Compliance with all Terms of Sale.
All sales and accepted bookings shall be binding. SMB agrees and acknowledges that he, she, or it, and not us, shall be solely responsible for delivery of any and all purchased services to Customers and that a contract for sale arises at the point where a Customer utilizes the Booking Services to book a service. Every sale shall be subject to the laws applicable, but there shall not be implied any right that is not a legal right and that is not set down in these Terms.
SMB Warranties; Restrictions.
In addition to the Unauthorized Business and prohibited use of the Services set forth in these Terms, SMB warrants that any and all services (a) are not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party; (b) have not been identified by any regulations set forth by the countries of SMB and Customer as hazardous to consumers and, therefore, are not services subject to a recall; (c) are not counterfeit; (d) do not offend against the law of any country whose citizens might purchase or receive the services; and (e) do not violate the rules and regulations. SMB warrants further that he, she, or it owns all copyrights, trademarks and other intellectual property related to any SMB Account information provided to us or that SMB has the permission of the intellectual property rights holder (a) to place the Product(s) into the stream of commerce; (b) to receive the net proceeds of such sales as arise; and (c) to defend the intellectual property in the Product(s). Finally, SMB warrants and represents that he, she, or it has all licenses and authorizations required for performance of these Terms. Upon our request, SMB shall provide us with sufficient documentary evidence of such authorization or waiver. We are not
obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization or waiver is required.
Furthermore, it is illegal to use drug paraphernalia slang when referring to Products available for sale via the Web site.
Any and all governmental employees, agencies, and/or agents must identify themselves to us upon their entering the Mauidy Site, and when ordering any products from the Mauidy Site.
Listing Description.
By listing services available for booking via the Booking Services, SMB must accurately describe the services it provides and all terms of sale. SMB’s listings may only include text descriptions, and other content relevant to the sale of that service and must be listed in an appropriate category with appropriate tags.
Maintenance of Calendar.
SMB is responsible for the accurate maintenance and updating of its calendar to show current, correct availability for the Booking Services. In no event shall Mauidy be held liable for double-bookings or other schedule-related errors.
Ethical Selling Tactics Required; Communication with Customers.
SMBs shall utilize ethical selling tactics when promoting any and all services including refraining from the making of false and/or misleading statements regarding the services and/or SMB. SMBs expressly agree to conduct themselves at all times in an ethical, moral, and lawful manner. In order to assist with the same, Mauidy may from time to time in its sole and exclusive discretion place limits on the types of communications that SMBs may send to Customers, including but not limited to mass targeted marketing campaigns via SMS text, email, or push notification.
In addition to the forgoing, SMBs shall not abuse any communication system made available via the Mauidy Application or the Mauidy Site, including the use of auto-responders. SMBs understand that such auto-responders may or may not be activated automatically upon registration of a SMB Account, depending on jurisdiction, and can be modified by SMB via its account settings.
Compliance with Law.
In addition to the other requirements to comply with laws, regulations, and terms set forth herein, SMBs agree to obey any and all local, state, and federal regulations and laws regarding solicitation and sales.
Freedom of Promotional Methods.
Notwithstanding the forgoing, SMBs shall be free to choose on which social media platforms and through such other mediums and sales channels they promote their services and use of the Services, including the ability to choose his, her, or its own operation means, methods, locations, and hours.
Right of Refusal.
SMB may refuse to accept a booking made via the Booking Services for any or no reason whatsoever so long as such a refusal does not violate federal, state, or local laws, or any other rule or regulation.
Policies, Terms of Sale Required.
SMBs must have in place via their service listing the following policies before they shall be permitted to conduct any transaction via the Services: pre-payment policies, cancellation policies, return policies, and payment policies in addition to such other policies as a SMB wishes to set forth. SMBs must create reasonable policies in good faith and must abide by such policies. In the event a policy fails to comply with these Terms of Use and/or is unreasonable in any way we may, in our sole and exclusive discretion, require SMB to revise said policy.
Processing Fees for SMBs.
SMBs who wish to use our Payment Services shall be charged a fee for processing payments according to the current local pricing, (the “Processing Fee.”) For details, contact support@Mauidy.com Such Processing Fee shall be subject to change without notice in our sole and exclusive discretion. Such Service Fee shall not be refundable to SMB, for any reason whatsoever, including in the instance SMB shall have to refund a purchase to a Customer.
Chargebacks and Revocations.
If a Customer is not the authorized user of the payment method or otherwise contests the transaction, the amount of a transaction may be reversed or charged back provided that the transaction: (a) is disputed, (b) is reversed for any reason by the payment network, Mauidy’s payment gateway provider, or the Customer or its financial institution, (c) was not authorized
or Mauidy has any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these Terms. For any transaction that results in a chargeback, Mauidy will withhold the chargeback amount in a reserve from the amounts payable to SMB. We may recoup the amount of any chargeback and any associated fees and fines assessed by a network or our processor. In addition to the forgoing, be advised that Mauidy may charge a chargeback processing fee. If you have pending chargebacks, we may delay payments, and if we reasonably believe that a chargeback is likely with respect to any transaction, we may withhold the amount of the potential chargeback from payments otherwise due to you until such time that: (a) a chargeback is assessed due to a Customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur. If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
If we believe you might incur, or you are incurring, an excessive amount of chargebacks, we may establish additional conditions governing your account, including (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Payment Services.
We will assist you, when requested and at your expense, to investigate any of your transactions processed through the Payment Services. To that end, you permit us to share information about a chargeback with the Customer, the Customer’s financial institution, our payment processor, payment networks and your financial institution in order to investigate and/or mediate a chargeback. We will request necessary information from you to contest the chargeback. If the chargeback is contested successfully, we will release corresponding reserved funds to your account. If a chargeback dispute is not resolved in your favor by the network or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) calendar days of our request, may result in an irreversible chargeback.
Withholding of Funds.
Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for services that we reasonably deem suspicious with regard to money laundering, Unauthorized Business, fraud, or other illegal activities or in case of any other chargebacks or revocations.
Payouts.
Once you create your SMB Account, through the secure form you will have the opportunity to designate a deposit account into which you wish to be paid out. Once funds for the Payment Services have been completed and are settled, they shall be available for withdrawal. For all other SMBs, payouts are generally made to your designated deposit account less any fees within 2-3 business days.
Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via your SMB Account Settings.
We are not responsible and accept no liability for any delay of payout. To inquire about a payout schedule for any particular transaction please review your Payment Report or contact Mauidy at support@Mauidy.com.
In the event your payout account becomes negative, you agree that we have the right to offset any incoming payments against the negative balance. Should you fail to bring your account to positive, we may block you from accepting further payments and institute legal proceedings for collection.
Responsibility for Accurate Pay Out Information.
You agree to provide current, complete, and accurate deposit account information for payout. You agree to promptly update your SMB Account and other information, including your address, email address and bank account information, so that we can complete your transactions and contact you as needed.
Deposits.
Mauidy may require the SMB to maintain deposits in an escrow account to act as a provision against chargebacks and refunds. The amount of such deposits will be determined by Mauidy.
Processing Errors.
We will attempt to fix processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled, we will credit your SMB Account for the difference. If the error results in your receipt of more funds than you were entitled, Mauidy will debit the extra funds from your SMB Account or your linked bank account. You shall remit to Mauidy the difference within thirty (30) calendar days of demand therefore. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to
notify us of a processing error within thirty (30) calendar days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.
Refunds.
By accepting card transactions through the Payment Services, you agree to process returns of, and provide refunds and adjustments for your goods or services in accordance with these Terms. You are obliged to disclose your refund or cancellation policy to Customers at the time of purchase and/or booking, as applicable, and can refund transactions up to thirty (30) calendar days following the date of said transaction. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the Customer, you may still receive a chargeback relating to such sales.
Mauidy will automatically process refunds on your behalf from your available balance or deposit amount and shall not be liable for refunds made in error or in violation of your own policies. If your available balance or deposit amount is insufficient to cover the refund, Mauidy will withdraw the requested refund amount and credit it back to your Customer.
Further refunds may be accepted but will only be processed once your account shows a positive balance. For every refund Mauidy may charge a refund processing fee.
Mauidy has no obligation to accept any returns of any of your goods or services on your behalf pursuant to the applicable Network Rules (as defined below.) By using the Payment Services, you agree to comply with all applicable bylaws, rules, and regulations set forth by the payment processing networks and Bank Alarabi (“Network Rules”). The payment processing networks amend their rules and regulations from time to time. Mauidy may be required to change these terms in connection with amendments to the Network Rules.
Significant portions of the Network Rules are available to the public at https://visa.com, https://www.mastercard.com, and https://www.americanexpress.com/merchantopguide. In the event of inconsistency between a Network Rule and these terms, and except as otherwise agreed between Mauidy and the payment processing networks, the Network Rules shall apply.
Right to Set-Off; Collection Rights.
We are entitled to set-off any and all claims against amounts payable to Mauidy by SMB. In addition, to the maximum extent provided by law, we may collect any and all obligations due and owing by you to us by deducting them from your pending transactions in the deposit account. Fees shall be assessed at the time of transa