Terms of Use
Legal Information & Notices
Parties
Macs Group Global FZCO, a company incorporated under the laws of United Arab Emirates with registration number 30444 having its registered office at Dubai Digital Park, Building A1/001, Dubai Silicon Oasis, Dubai, United Arab Emirates (“the Company”);
The user accessing or using the Macs Group Global website (“You” or the “User”).
Background
The Company owns and operates the website located at the domains
www.macsgroupglobal.com, www.macsgroupglobal.eu, www.macsgroupglobal.de, www.macsgroupglobal.org, www.macsgroupglobal.net (the “Website”).
These Website Terms of Use (the “Terms”) govern the User’s access to and use of the Website.
By accessing or using the Website, the User agrees to be bound by the Terms. The User’s access to and use of the Website constitutes the User’s acceptance of the Terms from the date on which the User first access or uses the Website.
This Policy may be updated from time to time. The latest version is published on the Company’s website. You should check this page regularly to review any changes.
Definitions
Company means Macs Group Global FZCO, a company incorporated under the laws of United Arab Emirates with registration number 30444 having its registered office at Dubai Digital Park, Building A1/001, Dubai Silicon Oasis, Dubai, United Arab Emirates
Website means the website owned and operated by the Company.
User means any individual accessing or using the Website
Content means all content available on the Website including without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and any other materials.
User Content means any Content that a User directly or indirectly creates, inputs, uploads, submits, collects or stores on or through the Website.
Personal Information has the meaning given to it in the Irish Data Protection Acts 1988-2018.
Third Party means any person or entity other than the Company or a User.
Third Party Links means any links or references from the Website to Third Party websites and content.
Acceptance of Terms
Access and use. By accessing or using the Website, the User agrees to be bound by the Terms.
No offer or acceptance. The Terms do not constitute an offer by the Company to provide the Website.
Changes to Terms. The Company reserves the right to change the Terms at any time. The User’s continued use of the Website following the posting of any changes will constitute acceptance of such changes.
Cease use. If the User does not agree to the Terms, the User must not access or use the Website.
Minors. The Website is not directed at minors and by using the Website, the User represents that they are over the age of 18.
Website Use
Permitted Use. The User may access and use the Website for the User’s personal, non-commercial purposes only, provided the User complies with these Terms.
Prohibited Use. The User shall not:
(a) use the Website or any Content for commercial purposes without the Company’s prior written consent;
(b) copy, modify, distribute, sell, or create derivative works from the Content or any part of the Website without the Company’s prior written consent;
(c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
(d) bypass any measures the Company may use to prevent or restrict access to the Website;
(e) use the Website for any unlawful purposes;
(f) facilitate or encourage unlicensed gambling;
(g) infringe the intellectual property rights of the Company or any third party;
(h) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit or profane material;
(i) post or transmit any material that infringes third party copyrights;
(j) use automated means such as scripts and bots to access the Website.
(k) impersonate another user or otherwise misrepresent authorship.
Intellectual Property
Ownership of Website Content. The Company owns all right, title and interest, including all intellectual property rights, in and to the Website and its content. The layout, design, text, graphics, appearances, artwork, features and other content of the Website constitute copyright material of the Company.
License to Use Website. The Company grants the User a limited, revocable, non-transferable license to access and use the Website for the User’s personal, non-commercial purposes only.
Ownership of User Content. The User retains ownership of any intellectual property rights the User may have in User Content.
(a) License to User Content. By submitting User Content to the Website, the User grants the Company a perpetual, irrevocable, worldwide, royalty-free license to use, copy, publish, distribute, transmit and display such User Content, and to prepare derivative works of, or incorporate into other works, such User Content, in any form, media or technology now known or later developed for the full term of any rights that may exist in such User Content.
(b) User Representations. The User represents and warrants that it has the right to grant the license in Clause 4.3.1 and that the use of the User Content as contemplated in these Terms does not infringe or violate the rights of any third
party. The User shall be solely responsible for User Content and its compliance with these Terms.
User Content
License. The User hereby grants to the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, distribute, publish, transmit and display any User Content
submitted by the User to the Website.
Representations. The User represents and warrants that:
(a) The User has all necessary rights to grant the license set out in clause 5.1;
(b) The User Content and the User’s use and provision of the User Content does not violate any law or infringe any third party rights (including intellectual property rights and privacy rights); and
(c) The User Content is accurate and not misleading or deceptive.
Indemnity. The User agrees to indemnify, defend and hold harmless the Company from and against any and all claims, losses, damages, liabilities and expenses (including legal fees) arising out of or in connection with any breach
of clauses 5.2 or 5.3 or from any third party claims that the User Content infringes their rights.
Removal of User Content. The Company reserves the right in its sole discretion to monitor, edit or remove any User Content submitted by the User at any time and for any reason without notice.
Privacy
Data collection. The Company collects the following personal information from Users such as such as name, email address, job title and other details provided through web forms.
Use of personal information. Personal information collected from Users will be used to
(a) To communicate with you
(b) To provide our our services
(c) To develop and improve our products and services
(d) To market and promote our services
(e) For other purposes with your consent
as stated in our Privacy Policy.
Disclosure of personal information. The Company may disclose personal information to:
(a) Its subsidiaries and affiliates.
(b) Service providers who provide services such as website hosting, data analysis, payment processing, or customer service.
(c) Law enforcement or other governmental authorities to comply with legal requirements.
International transfers. The Company may transfer personal information to countries outside the European Economic Area. Such transfers will be protected by appropriate safeguards [describe safeguards].
Data retention. The Company will retain personal information for the period necessary to fulfil the purposes for which personal information is collected, or as otherwise permitted by applicable law.
Data subject rights. Users may have the right to access, correct, erase, restrict or object to processing of their personal information by contacting the Company at [email].
Security. The Company has implemented technical and organizational measures to protect personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction.
Changes to the privacy policy. Any changes to this privacy policy will be posted on the Website.
Contact. If you have any questions about our Privacy Policy, please contact us at privacy@macsgroupglobal.com.
Third Party Links
The Company makes no endorsement of any third party organization, product or service accessible through the Website.
Any links to third party websites are provided for convenience only and do not constitute any endorsement by the Company.
The Company makes no representations about the accuracy, functionality, safety or legality of any third party websites or their content.
Third party websites are independent from the Company and the Company has no control over their content or operation.
Use of any third party website is subject solely to such third party’s terms and conditions and privacy policy, and the Company is not responsible for such third party’s content, policies or practices.
The Company accepts no liability for any loss, damage or claim arising from the User’s use of or interaction with any third party website, product or service.
The Company makes no warranties about the availability, accuracy, completeness, currency or security of any third party website.
Warranties and Disclaimers
Website availability. The Company does not warrant that the Website will be constantly available or uninterrupted.
Accuracy of content.
(a) The Company does not verify or warrant the accuracy, completeness or usefulness of any content on the Website.
(b) The content on the Website may be out of date at any given time.
Third party links. The Company does not control or endorse third party websites linked from the Website and is not responsible for their content.
Viruses. The Company does not warrant that the Website will be secure or free from bugs or viruses.
Disclaimer of warranties. Except for the express warranties provided in this clause 8, the Website is provided on an “as is” basis without warranties of any kind, either express or implied, including warranties of merchantability,
fitness for a particular purpose, title and non-infringement.
Limitation of Liability
The Company shall not be liable for any loss, damage or expense arising under or in connection with the Terms from use of the Website.
The Website is provided on an “as is” and “as available” basis without any representations or endorsements made and without warranty of any kind whether express or implied, including but not limited to implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the maximum extent permitted by law, the Company’s total liability arising out of or in connection with the Website and Terms, whether in contract, tort (including negligence) or otherwise, shall be limited to €100.
In no event shall the Company be liable for any loss of profits, business, contracts, revenue or anticipated savings or for any indirect or consequential loss howsoever arising in connection with the Terms or use of the Website.
Indemnification
Duty to Indemnify. The User agrees to indemnify, defend and hold harmless the Company from any claims, losses, damages, liabilities, including legal fees, arising out of the User’s use of the Website or breach of the Terms.
Control of Defence. The Company shall have sole control over the handling of any claims subject to the indemnity at Section 10.1, and the User shall provide all reasonable assistance to the Company, including but not limited to
providing information, documents and participating in proceedings.
Survival. The indemnity set out in Section ‘General: Governing Law and Jurisdiction’ shall survive the termination of the User’s access to or use of the Website.
No Limitation. The indemnity at Section ‘General: Governing Law and Jurisdiction’ is not subject to any limitation of liability under
the Terms.
Termination
The Company may terminate these Terms at any time without cause and with immediate effect by giving notice to the User or without notice by removing the User’s access to the Website.
Upon termination of these Terms:
(a) The User’s access and use of the Website shall automatically terminate;
(b) The User’s right to access and use the Website and all licenses granted in these Terms will terminate; and
(c) The Company may delete all Content and Personal Information submitted by the User or related to the User’s use of the Website.
9.3. Termination of these Terms shall not affect:
(a) The Company’s right to use Content and Personal Information submitted by the User prior to termination in accordance with these Terms and the Company’s Privacy Policy; or
(b) The survival of terms that by their nature are intended to survive termination including limitations of liability, indemnities and ownership provisions.
General
Governing Law and Jurisdiction. These Terms are governed by the laws of Ireland. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the Irish courts.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties,
and the remaining provisions shall remain in full force and effect.
No Waiver. The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
Entire Agreement. These Terms constitute the entire agreement between the User and the Company with respect to the Website and supersede all prior or contemporaneous communications, whether electronic, oral or written, between
the User and the Company with respect to the Website.
Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances
or cause beyond the Company’s control such as nature events, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.