Mihaaru Website/Apps Terms of Use


The terms and conditions set out below ("Terms and Conditions") govern your use of the current and future websites, apps, platforms, services operated by Mihaaru, including, but not limited to Mihaaru.com, mihaaru mobile website, Mihaaru Mobile Apps (The “Site” or “Sites”). By using the Sites, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Sites and you must refrain from using it.

If you have any complaints or questions regarding the Sites or the Terms and Conditions then you can contact us through www.mihaaru.com.

Mihaaru reserves the right to make changes to these Terms and Conditions which will be effective once they are published on this website. You should revisit this area of the Site regularly to check the Terms and Conditions.


Use of the Sites by you:

You agree to only use the Sites for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Sites. You must not:

  • use the Sites directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms and Conditions;
  • use the Sites directly or indirectly to post or transmit any Material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Sites or which is false, misleading or deceptive in any way;
  • submit for posting or otherwise distribute any Material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
  • use the Sites directly or indirectly, or use any service provided on the Sites, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
  • attempt to gain unauthorised access to the Sites or use another person's name, registration account or password;
  • impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on the Sites or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • knowingly provide registration information that is not truthful;
  • tamper with, hinder the operation of or make unauthorised modifications to the Sites;
  • knowingly transmit any virus or other disabling feature to the Sites;
  • collect information about others, including email addresses, without their consent; or
  • engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for the Sites.

Disclaimer and Limitation of liability

To the extent permitted by law, Mihaaru and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currentness or reliability of the Material, products or services, including products or services of any third party, that are made available via the Sites.

Mihaaru does not investigate or endorse any person, company or organisation that uses, advertises, posts on or provides Material to the Sites or any events, information, products or services ("Products") offered for sale or otherwise identified or provided by them. The availability of Material through the Sites does not constitute advice about the appropriateness, value or suitability of any Material or Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by Mihaaru of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Material or Products offered, identified or provided through the Sites or referred to or advertised on the Sites must be based solely on your own evaluation of your circumstances and objectives and of the Material or Product. Mihaaru recommends that you independently verify the accuracy, currency or reliability of any Material made available via the Sites and upon which you intend to rely.

The Sites and materials available on it are provided on an "as is" basis. You understand that by using this Sites, you may be exposed to content that is posted by third parties which you may find indecent or objectionable.

Mihaaru makes no warranty that the Sites will be free from viruses or any kind of malicious code whatsoever. To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

  • the Sites;
  • Materials on the Sites;
  • the services or Products made available through the Sites;
  • the availability of the Sites; and
  • your use of the Sites,

are excluded.

To the extent permitted by law, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:

  • your use of the Sites (and its Material);
  • any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Sites;
  • any failure to provide the Sites;
  • any Products, goods or services supplied, offered or advertised on the Sites; or
  • your purchase of any goods or services offered for sale on the Sites or your use or reliance on any information provided on the Sites.

Linked Websites

The Sites may contain links to external websites. Those websites are not part of the Mihaaru.com and, unless otherwise indicated, are not under Mihaaru's control. No link appearing on the Sites and no external websites linked to the Mihaaru.com is endorsed by Mihaaru and no responsibility is taken for material in them. You agree that by accessing any linked website you are doing so at your own risk and you agree to fully indemnify Mihaaru and/or Mihaaru.com against any liability arising out of your accessing any linked website.


Accuracy of Registration Information

When registering on the Site or Sites, you must ensure that all information you provide is correct and up-to-date. If you change your details during the period of your membership, you agree to ensure your details are up-to-date.


Username and Password

It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify by contacting us as soon as possible. You must also change your password immediately. You agree to indemnify Mihaaru against any and all claims arising out of your failure to maintain the confidentiality of your username and password.


Website Payments

If any credit card payments are made on the Site, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact us in accordance with the Mihaaru Privacy Policy. To the extent permitted by law, Mihaaru excludes itself from all liability in relation to those payments and the services provided by that third party.


Placement and Removal of Material on the Sites

We reserve the right (but have no obligation):

  • to decline to publish, or where already published, to remove any Material that we consider in our absolute discretion is inappropriate or unnecessary for the Sites for any reason;
  • to establish general practices and limits concerning the uploading of Material to the Sites or the level and amount of your use of the Sites and that these practices and limits may be modified from time to time;
  • to monitor use of the Sites by you and store and disclose any information we collect, including in order to investigate you compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request.

You agree that Mihaaru has no responsibility or liability for the deletion or failure to store any Material submitted by you to the Sites.

By providing Material to Mihaaru for posting or publishing on the Sites, you:

  • authorise Mihaaru to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of Mihaaru and its customers and the public;
  • authorise Mihaaru to edit, modify, amend or adapt or otherwise change your Material;
  • grant Mihaaru a world-wide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your Material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Material in hard copy publications or in electronic media, using your Material in advertising or promotional material and permitting others to do any of these, including when others or Mihaaru receive payment for doing this;
  • waive all moral rights in your Material and consent to Mihaaru doing anything which Mihaaru (or anyone permitted by Mihaaru) may do in relation to your Material which would otherwise be in breach of your moral rights. This includes Mihaaru using your Material without attributing you as the source of your Material;
  • warrant that you are the sole author or owner of the Material;
  • warrant that you have the right to grant the abovementioned licence;
  • agree that we may use your name, likeness, publicly accessible biographical data in connection with our use of such Material; and
  • agree to indemnify Mihaaru and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by Mihaaru of your Material.

You acknowledge that our use of your Material may include licensing such Material to third parties and/or using such Material for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Material would require us to seek permission of a third party in order to use the Material as described in these Terms of Use. Not all submitted Material will be published. Publication is at the discretion of Mihaaru.


Intellectual Property

You acknowledge that copyright, trademarks and all other intellectual property rights ("IP Rights") in Mihaaru and in the Material displayed or available through the Sites belongs to Mihaaru or its licensors.

You are provided access to the Sites only for your personal use. Subject to applicable laws:

  • unauthorised use of the Material is strictly prohibited and may infringe Mihaaru's or its licensors IP Rights in the Material; and
  • no content may be reproduced, published or transmitted in any manner without the prior written consent of Mihaaru.

Without limiting the above, and subject to applicable law, you may not without prior written permission from Mihaaru:

  • archive the Material or any part of it;
  • form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;
  • redistribute or republish the Material; or
  • link to the Sites including (without limitation) linking in any way which:
  • frames the Mihaaru;
  • replicates the Site; or
  • misleads any person regarding any association with the Site or any association with Mihaaru (whether implicitly or expressly).

The trademarks used on the Sites are Mihaaru's trademarks or the trademarks of a third party. Nothing on the Sites should be construed as granting any licence to use any trademark without the permission of the owner.

You must not use any of Mihaaru's trademarks:

  • as or as part of your trademarks;
  • in connection with goods or services which are not the goods or services of Mihaaru;
  • in a manner that may be confusing, misleading or deceptive; or
  • in a manner that disparages Mihaaru, its information or services or the Sites

Technical Difficulties

You acknowledge that your use of the Sites and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Mihaaru and its service providers do not make any warranty that the Sites or services will be error free, without interruption or delay or free from defects in design or engineering.

The compatibility of this Site is not guaranteed for all software or hardware of users.


Indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold Mihaaru and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph, the Site includes any linked websites.


Privacy

You acknowledge that you have read and understood the terms of the Mihaaru Privacy Policy available on this website. You agree that Mihaaru may use and disclose information about you in accordance with the terms of the Mihaaru Privacy Policy. You also agree to check the Mihaaru Privacy Policy on a regular basis and to let Mihaaru know if you object to use or disclosure of information about you in accordance with any updated statement.

If you make contact with a person through the Site and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Sites without the prior consent of that person.


Severability

The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.


Termination

We reserve the right to suspend, limit, cancel or disable your access or membership from the Sites without prior notice

  • if we reasonably believe that you or someone authorised by you breaches any of the Terms and Conditions,
  • if considered necessary by Mihaaru to do so due to technical or security issues,
  • if there is a prolonged period of inactivity on the Sites by you
  • if Mihaaru is requested to do so by a government or law enforcement agency
  • or if it is otherwise considered necessary by Mihaaru at its sole discretion. Mihaaru is not required to provide any reasons for a decision to suspend, limit, cancel or disable your access or membership.

Upon termination of your membership you will be restricted from accessing any area designated to members of the Mihaaru, submitting any Material to the Sites and any Material submitted by you to the Sites or other information held by Mihaaru in relation to your use of the Sites may be deleted and is not returnable to you.


Benefit of Terms and Conditions

Mihaaru holds the benefit of all rights conferred on Mihaaru or its officers, employees or agents under these Terms and Conditions as trustee for those persons and may enforce those rights on their behalf in its capacity as trustee.


Law

These Terms and Conditions are governed by, and construed in accordance with the law in force in the Maldives. The parties submit to the exclusive jurisdiction of the Maldives’ courts for any proceedings in connection with these Terms and Conditions.


Definitions

In these Terms and Conditions:

Mihaaru means the owner and the operator of the Sites including, but not limited to Mihaaru.com, Mihaaru.com mobile websites and Apps that Mihaaru owns and/or operates from time to time, regardless of how those websites/services are accessed by users (including via the Internet, mobile phone or any other device).

Material means information, data, text, software, illustrations, photos, audio, video, any combination of these or other material.

Us, we, our or mihaaru.com means Mihaaru.