Thank you for signing up with MAKINAHUB. This platform is owned and managed by Makinahub Technology FZCO, having the United Arab of Emirates as the Country of Domicile.
This document sets out the contractual Terms and Conditions for your participation in the MAKINAHUB Marketplace. Such Terms and Conditions are legally binding on all Parties using MAKINAHUB.
Below are the general Terms and Conditions that apply on all Users of MAKINAHUB Marketplace together with its sites, applications, services, and tools ("MAKINAHUB"). Such Terms & Conditions together with MAKINAHUB's Privacy Policy constitute the "Agreement" between you and MAKINAHUB. MAKINAHUB keep its rights to amend the terms of the Agreement from time to time. Amendments will be effective upon MAKINAHUB’s posting of an updated Agreement at this location, whereas your continued access or use of the MAKINAHUB Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
We will maintain records for a reasonable period concerning your registration with and use of Makinahub, including any correspondence you have with us or other members.
As stated on MAKINAHUB website, when the User clicks the appropriate button to continue with your registration or activity, that action will constitute acknowledgment and acceptance of the Agreement.
MAKINAHUB collection and use of users personal information in connection with the MAKINAHUB Platform is as provided in MAKINAHUB's Privacy Policy. MAKINAHUB may provide to a claims processor or an insurer or other entity any necessary information (including user contact information) if there is a complaint, dispute or conflict, which may include an accident, involving user and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
If you have any questions concerning the Agreement, please contact us at Info@makinahub.com
When the User sign up with MAKINAHUB, he will be asked to provide certain informations about his Company (i.e. Trade License, Company launching date, Company address, Equipment status report,..etc.). The User acknowledges that any information provided by himself to MAKINAHUB shall be complete and accurate.
Prior Signing up with MAKINAHUB, the User shall have obtained all necessary approvals, licenses and consents to the practice in the United Arab Emirates. The User shall obtain such further approvals and consents and renew all such licenses as shall be necessary to continue to practice in the United Arab Emirates during the continuance of this Agreement.
MAKINAHUB may use third party services to verify the provided information and to obtain additional related information and corrections where applicable. Moreover, the User hereby authorize MAKINAHUB to request, receive, use and store such information for a reasonable period of time.
MAKINAHUB shall have the right, at its discretion, accept or reject your registration application.
The User shall be committed to update the provided information to MAKINAHUB in the event of any changes to any information or Equipment status, specifically the contact information.
MAKINAHUB may deliver notices to the User at the most recent email and billing address provided by the User, and those notices will be considered valid even if the User does no longer maintain the email account or receive mail at that billing address due to its change without informing MAKINAHUB or updating such information on the website. Also, the User is and shall be solely responsible for all of the activities that occur through his account. Hence, the registration data including account password shall be maintained secure. MAKINAHUB may use and share the User’s information as described in the Privacy Policy.
In order to use most aspects of MAKINAHUB Platform, User must register for and maintain an active personal User account ("Account"). Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website. Account registration requires User to submit to MAKINAHUB certain personal information, such as name, address, mobile phone number and age. User agrees to maintain accurate, complete, and up-to-date information in his Account. User’s failure to maintain accurate, complete, and up-to-date Account information may result in his inability to access and use MAKINAHUB Platform, including his ability to request access to his personal information or to opt in or out of marketing preferences, or MAKINAHUB’s termination of this Agreement with him. User shall be responsible for all activity that occurs under his Account, and agreesto maintain the security and secrecy of his Account username and password at all times. Unless otherwise permitted by MAKINAHUB in writing, User may only possess one Account.
MAKINAHUB Platform shall only be used by individuals who can form legally binding contracts under applicable law. User shall not authorize third parties to use his Account. User shall not assign or otherwise transfer his Account to any other person or entity. User agrees to comply with all applicable laws when using MAKINAHUB Platform and shall only use MAKINAHUB Platform for lawful purposes.
The User acknowledges that he shall be using MAKINAHUB in compliance with The Terms and Conditions of this Agreement and any other policies and standards provided to him by MAKINAHUB. The User shall have the legal right to enter into this Agreement and to use MAKINAHUB. The User shall ensure that his activities with MAKINAHUB won’t violate anyone else’s rights. Moreover, the User shall comply with all applicable laws and regulations.
The User shall be liable for and shall indemnify, defend and hold harmless MAKINAHUB and its affiliates, directors, employees, investors, and assigns from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or proceedings in respect of any loss of or injury or damage to any property, real or personal insofar as such loss injury or damage arises out of or in the course of or by reason of the negligent performance of the services and to the extent that the same is due to any negligent breach of legal duty, omission or default of the User, his employees or agents or of any person employed or engaged by the User upon or in connection with the performance of the services or any part thereof by his employees or agents or penalties (including without limitation to experts and attorneys’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of Equipment of any User, User’s violation of this Agreement.
the User shall at all times during the Agreement period maintain in force the needed policies of insurance with reputable insurers or underwriters and shall fully insure and indemnify MAKINAHUB against all insurable liabilities which may be incurred. Any failure on the part of the User in providing such insurance will not prejudice MAKINAHUB rights, nor will such failure by the User entitle the User to raise any defense based on such non-compliance
This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among MAKINAHUB and any Users.
The User shall not assign or transfer his rights under this Agreement in whole or in part without MAKINAHUB’s prior written approval. MAKINAHUB shall have the full rights to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MAKINAHUB’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between the User, MAKINAHUB or any Partner as a result of the contract between the User and MAKINAHUB or use of the MAKINAHUB Platform.
MAKINAHUB Users shall be held responsible to ensure full compliance with the provision of all needed Insurance policies coverage as per Country Governing Law. In addition to having full Insurance coverage on Equipment used on MAKINAHUB platform.
This Agreement describes all of MAKINAHUB’s obligations in the event of any loss or damage resulting from User’s participation in MAKINAHUB Marketplace. In order to disclaim warranties and to provide for certain limitations on MAKINAHUB liability, the following shall be noted:
MAKINAHUB PROVIDES A MARKETPLACE THAT FACILITATES EQUIPMENT RENTAL SERVICES BETWEEN EQUIPMENT OWNERS AND EQUIPMENT RENTERS.
In addition, To the fullest extent permitted by applicable Law, MAKINAHUB (including its subsidiaries and affiliates, officers, directors, agents and employees) is not liable, and the User hereby agrees not to hold MAKINAHUB responsible for any damages or losses WHETHER DIRECT OR INDIRECT (including, but not limited to, loss of of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, incidental, or consequential damages).
With respect to your use of the MakinaHub Platform and your participation in the Services, you agree that you will not: (i) violate any law, statute, rule, permit, ordinance or regulation (ii) interfere with or disrupt the Services or the MakinaHub Platform or the servers or networks connected to the MakinaHub Platform (iii) post information or interact on the MakinaHub Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), (iv) use the MakinaHub Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (v) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the MakinaHub Platform (vii) “frame” or “mirror” any part of the MakinaHub Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (viii) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the MakinaHub Platform or any software used on or for the MakinaHub Platform (ix) rent, lease, lend, sell, redistribute, license or sublicense the MakinaHub Platform or access to any portion of the MakinaHub Platform (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the MakinaHub Platform or its contents (xi) link directly or indirectly to any other web sites (xii) transfer or sell your User account, password and/or identification to any other party (xiii) cause any third party to engage in the restricted activities above.
The User may discontinue the use of MAKINAHUB at any time and MAKINAHUB may terminate the User’s access to MAKINAHUB Marketplace at any time with no justification needed. Termination of access to MAKINAHUB Marketplace shall not release either party from any obligations incurred prior to the termination and MAKINAHUB may retain and continue to use, for its own internal purposes, any information previously provided by the User. Termination of this Agreement shall not have any effect on the disclaimers, waivers, or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.
In the case of any court or jurisdiction held any provision of this Contract invalid on unenforceable, thus shall not affect the validity of any other provisions in this Contract, which shall remain in the full force and effect.
Any provision of this Contract which imposes an obligation after termination or expiration of this Contract shall survive the termination or expiration.
MAKINAHUB Marketplace contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United Arab Emirates and internationally. Except as part of the intended use of MAKINAHUB, the User must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by Users through MAKINAHUB, all of the content presented through MAKINAHUB is owned by MAKINAHUB and its licensors. All rights are hereby expressly reserved.
MAKINAHUB may give notice by means of a general notice on the MakinaHub Platform, electronic mail to User’s email address stated in his Account details, or by written communication sent to User’s address as set forth in his Account details. While Notices addressed to MAKINAHUB shall be made by scanned written communication sent to MAKINAHUB's email address with Read/Receipt confirmation at info@MakinaHub.com.
Please read these Payment Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payment Terms of Service. These Payment Terms of Service ("Payment Terms") constitute a legally binding agreement ("Agreement") between you and Makinahub Payments governing the Payment Services (defined below) conducted through or in connection with the Makinahub Platform. You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Makinahub will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services.
All Charges and payments will be enabled by Makinahub using the preferred payment method. Charges paid by you are final and non-refundable, unless otherwise determined by Makinahub. As between you and Makinahub, Makinahub reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time at Makinahub's sole discretion.
You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Please consider the following:
Any claims or disputes at law or equity that has arisen or may arise between both Parties relating to MAKINAHUB Terms are to be resolved amicably; whereas in case of failure of Amicable settlement, disputes to be resolved through Mediation or Arbitration noting that the arbitrary award shall be binding on both Parties. Whereashe Seat of Arbitration shall be as determined by MAKINAHUB representatives. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE
The User shall make himself fully acquainted with the Laws, Regulations and Orders of the United Arab Emirates and of any competent/statutory Authority and shall conform in all respects therewith during the continuance of the Agreement. He shall conform similarly with any such Laws, Regulations and Orders, which may come in to force after the Agreement date. Makinahub will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
This Agreement represents the entire understanding and Agreement between the User and MAKINAHUB concerning User’s participation in MAKINAHUB Marketplace and supersedes any earlier verbal or written communications between both Parties. The User shall not delegate his legal obligations or transfer any of his rights in whole or in part to any third party without prior written consent of MAKINAHUB.
