Terms of Use
Effective Date:April 8, 2024
These Terms of Service (as updated from time to time, "Terms") between "you" and Tasmunt Computer Systems & Communication Equipment Software Design (together with its affiliates, "Tasmunt," "we," "us," or "our") govern your access and use of our website and our Reservations & Waitlist platform (collectively the "Services"). You agree to be bound by these Terms of Service and our Privacy Policy if you use the Services. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, and, in such event, "you" and "your" will refer and apply to that company or other legal entity. If you do not agree to these Terms, you may not use the Services.
In addition to the Services, Tasmunt provides you access to our proprietary platform (the "Platform"), subject to the terms and conditions of the Platform Subscription Agreement between you and Tasmunt.
Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy, or Platform Subscription Agreement, as applicable.
THE "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" SECTIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. ELIGIBILITY
The Services are available to individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it.
2. COMMUNITY GUIDELINES
By accessing or using the Services, you agree that:
- You will comply with all applicable laws in your use of the Services, and you will not use the Services for any unlawful purpose;
- You will not access or use the Services to collect any market research for a competing business;
- You will not make available any content that:
- infringes any copyright, trademark, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any personal information about another person, including that person’s name,
- contains an e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not stalk, threaten, or otherwise harass another person;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not cover, obscure, block, or in any way interfere with any safety features on the Services; and
- You will not interfere with or attempt to interrupt the proper operation of the Services through any means.
You will inform us of any inappropriate content of which you become aware. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Services, without notice.
3. USE OF PERSONAL INFORMATION
Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.
4. INTELLECTUAL PROPERTY
The Services contain materials provided by or on behalf of Tasmunt (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under the Terms. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this the Terms, your permission to access and/or use the Content and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Tasmunt (“Tasmunt Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Tasmunt CMS, Inc. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Tasmunt Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tasmunt Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
If you violate any part of these Terms, your permission to access and/or use the Content and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Tasmunt (“Tasmunt Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Tasmunt CMS, Inc. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Tasmunt Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tasmunt Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
5. COMMUNICATIONS TO TASMUNT
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. We shall be free to use any ideas, concepts, know-how, feedback, or techniques you provide to us for any purpose, including the development, production, and marketing of other products and services.
6. NO WARRANTIES/LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Tasmunt DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. Tasmunt HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE SHALL NOT BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS ADVISED THEY WERE POSSIBLE. ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO $100. SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICES. WE MAY MAKE CHANGES, TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
7. EXTERNAL SITES
The Services may contain links to third-party Services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Servicess to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold Tasmunt, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms; (ii) your use of the Services or the Content in violation of these Terms; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
9. COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United Arab Emirates. We make no claims concerning whether Content may be downloaded, viewed, or be appropriate for use outside of the UAE. If you access the Services, or the Content from outside of the UAE, you do so at your own risk. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10. TERMINATION OF THE TERMS
We may, in our sole discretion, restrict, suspend, or terminate these Terms and your access to the Services, at any time and for any reason without prior notice or liability. We may change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
11. RESERVATIONS
You may accept reservations from consumers (each, a Reservation) via the Services.
If you accept a Reservation, you must send confirmation to the consumer using only the Personal Information provided to you by the consumer. Reservations you accept are Confirmed Reservations.
Any modifications of Confirmed Reservation will be subject to your acceptance. Consumers may modify or cancel Confirmed Reservations not less than 30 minutes before the scheduled Reservation time.
You may cancel a Confirmed Reservation if the consumer arrives at your location after the scheduled time of the Confirmed Reservation.
We will not be liable to you for any modifications or cancellations of Confirmed Reservations, or your use of a