A. Acceptance of Terms
MO DELAWER maintains the modelawer.com Website and mobile communication (the “Site”). The following are the terms of use that govern the use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use (including the linked information herein) and the MODELAWER (“we”, “us” or “MODELAWER”) and to follow these Terms of Use and all applicable laws and regulations governing the use of the Site. MODELAWER reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, MODELAWER terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and MODELAWER’s Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of MODELAWER. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.
PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
If you do not agree to these Terms and Conditions, then you are not permitted to use the Platform.
- All references to “you” or ” your,” as applicable, mean the person that accesses, uses, and/or participates in the Site in any manner. If you use the Site or open an Account on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.
- An Account holder is sometimes referred to herein as a “Registered User.”
- You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
B. Platform of Services
MODELAWER provide coaching services to the client, the services shall be listed in the agreement between the client and MODELAWER. The client confirm acceptance the agreement.
Confirmation of agreement can be in the form of signature, mobile application confirmation, Email and any other mean.
C. Account Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register as you will need to create a password-protected account (“Account”). You may register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify MODELAWER of any unauthorized use of your password or account or any other breach of security. In no event will MODELAWER be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse MODELAWER for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
You will provide true, accurate, current and complete information about yourself as prompted by MODELAWER ‘s registration form (the “Account Data”); You will maintain and promptly update the Account details to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if MODELAWER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of MODELAWER under this User Agreement or at law, MODELAWER has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
D. Service Fees / Payments/termination
D.1 MODELAWER charges certain Charges (“MODELAWER Charges” or “Charges”). Based on the signed/confirmed agreement between MODELAWER and the client.
Confirmation of agreement can be in the form of signature, mobile application confirmation, Email and any other mean.
Clients have the option of making their payments either through cash, bank deposit, wire transfer or as agreed otherwise between the Client as per the coaching agreement. If the payment is done by credit card; the cardholder must retain a copy of transaction records and Service Provider policies and rules.
D.2
This coaching agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
In case client decided to terminate the agreement before the end of the agreement duration, client will be charged 30% of the future due session from the date of termination request to the date of agreement expiry.
E. Means of Communication
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, on the mobile number shared by you and by way of SMS or email notifications or messages in any other electronic form.
Also, this personal information that you provide to it for the purposes of using the services on MODELAWER and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.
F. TAXES
You understand that we are acting solely as an intermediary for the collection of lead and service charges between a Client and a Service Provider who choose to enter into an Agreement for Service. You understand and agree that you are solely responsible for VAT requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that MODELAWER shall not be responsible or liable in any manner in relation to tax liability of a Client and a Service Provider.
G. Disputes
If a dispute arises between you and MODELAWER, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and MODELAWER hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section G or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at coach@modelawer.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
H. Governing Law
The Terms of Use shall be governed in all respects by the laws of the United Arab Emirates and any legal proceeding arising out of this Agreement will occur exclusively in the courts Dubai, United Arab Emirates.
I. Limited Warranties
We do not warrant or represent: (a)The completeness or accuracy of the information published on our website; (b) That the material on the website is up to date; or (c) That the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
J. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
K. Indemnity
You agree to indemnify and hold MODELAWER and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
L. DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND MODELAWER AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MODELAWER DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MODELAWER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. MODELAWER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
M. GENERAL INFORMATION
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by MODELAWER on the Website, shall constitute the entire agreement between you and MODELAWER concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MODELAWER’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
