1. Definitions
In these Terms of Service (the Terms):
- Site means the website available at https://maymanamarket.co.uk, including all pages, content, features and services accessible through it.
- Maymana, we, us and our mean the operator of the Site.
- User, you and your mean any person who accesses or uses the Site, whether or not they create an account.
- Content means all text, graphics, images, logos, icons, audio, video, software, databases, designs, compilations and other materials available on or through the Site.
- User Content means any content that a User submits, posts, uploads, publishes or otherwise makes available through the Site.
2. Acceptance of These Terms
By accessing or using the Site, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Site. You are responsible for ensuring that anyone who accesses the Site through your internet connection or device is aware of and complies with these Terms.
If you create an account, you also agree to any account-specific terms displayed during registration. You must be at least 18 years old to use the Site. If you access the Site on behalf of a business, you represent that you have authority to bind that business to these Terms.
3. Access to and Use of the Site
- Licence: We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site for your personal, lawful, non-commercial use in accordance with these Terms.
- Prohibited conduct: You must not:
- Use the Site in any way that violates applicable law or these Terms, or that infringes the rights of others.
- Copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Site or Content, except to the extent that such activity is expressly permitted by applicable law and cannot be excluded by contract.
- Upload or transmit viruses, malware, harmful code or any material designed to interrupt, destroy or limit the functionality of the Site or any systems.
- Scrape, harvest, crawl or use automated means to access, query or collect data from the Site without our prior written consent.
- Bypass or attempt to bypass any access or security controls or interfere with the proper working of the Site.
- Accounts and security: If you create an account, you must provide accurate and complete information and keep it up to date. You are responsible for safeguarding your login credentials and for all activities under your account. Notify us promptly if you suspect unauthorised use or a security breach.
- Availability: We do not guarantee continuous availability of the Site. We may suspend, withdraw, discontinue or change all or any part of the Site without notice where reasonable to do so.
4. Intellectual Property
The Site and all Content are owned by or licensed to Maymana and are protected by copyright, database rights, design rights, trade mark rights and other intellectual property rights. Except as expressly permitted in these Terms or by applicable mandatory law, you must not reproduce, distribute, publicly display, sell, license or otherwise exploit any Content without our prior written permission or the permission of the relevant rights holder.
Maymana and associated names, logos and trade dress are trade names or trade marks of their respective owners. You acquire no rights in any trade marks or other intellectual property because of your use of the Site.
5. User Content
- Responsibility: You are solely responsible for your User Content and for ensuring that it is lawful, accurate and does not infringe any third-party rights.
- Acceptable content: You must not post User Content that is unlawful, defamatory, obscene, hateful, discriminatory, harassing, deceptive, invasive of privacy, or otherwise objectionable, or that promotes illegal activity.
- Licence to us: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, perform, distribute, and otherwise use such User Content for the purpose of operating, improving and promoting the Site and our services. You represent and warrant that you have all rights necessary to grant this licence.
- Monitoring and removal: We may monitor, edit or remove User Content that we reasonably believe breaches these Terms or applicable law. We are not obliged to monitor all User Content.
6. Third-Party Services and Links
The Site may include links to or integrations with third-party websites, products or services. We do not control and are not responsible for third-party content, availability, policies or practices. Your use of third-party services is at your own risk and may be subject to additional terms and privacy policies provided by those third parties.
7. Disclaimers
- Information: While we use reasonable efforts to keep information on the Site accurate and up to date, the Site and Content are provided on an “as is” and “as available” basis. We make no representations or warranties, express or implied, regarding the Site, including without limitation accuracy, completeness, reliability, merchantability, fitness for a particular purpose, non-infringement or availability.
- Internet risks: You acknowledge that the internet involves risks, including security breaches and service interruptions, and that we cannot guarantee that the Site will be free from errors, defects, viruses or other harmful components.
8. Limitation of Liability
- Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.
- To the fullest extent permitted by law, we will not be liable for:
- Any loss or damage that was not foreseeable when you first used the Site.
- Any loss or damage that is not caused by our breach of these Terms or our failure to use reasonable care and skill.
- Loss of profits, revenue, business, contracts, goodwill, data or anticipated savings, or any indirect or consequential loss or damage.
- If you are a business user, and subject to the first bullet above, our total aggregate liability arising out of or in connection with the Site and these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited to £100.
9. Indemnity
You agree to indemnify and hold harmless Maymana from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your misuse of the Site, or your infringement of any law or third-party rights, except to the extent caused by our own breach or negligence.
10. Personal Data and Privacy
- Data controller: For the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018, Maymana is the controller of personal data processed through the Site.
- What we collect: We may process personal data that you provide (for example, account details, contact information, communications) and data generated by your use of the Site (for example, device and log information, cookies and similar technologies).
- Purposes and legal bases: We process personal data to operate and secure the Site, provide and improve our services, respond to enquiries, comply with legal obligations, and protect our legitimate interests (such as preventing fraud and abuse). Where required, we rely on your consent, which you may withdraw at any time without affecting the lawfulness of processing before withdrawal.
- Sharing: We may share personal data with service providers who act on our instructions and provide hosting, security, analytics, support or other services. We require such providers to protect personal data and use it only as instructed.
- International transfers: If personal data is transferred outside the UK, we implement appropriate safeguards, such as standard contractual clauses or equivalent measures, as required by law.
- Retention: We retain personal data only as long as necessary for the purposes described above, to comply with legal obligations, or to resolve disputes and enforce our agreements.
- Your rights: You have rights to access, rectify and erase your personal data; to restrict or object to processing; and to data portability. You also have the right to lodge a complaint with the Information Commissioner’s Office. To exercise your rights, contact us using the contact details provided on this Site.
- Cookies: The Site may use cookies and similar technologies for functionality, performance and analytics. You can manage cookies through your browser settings; disabling cookies may affect Site functionality.
- Security: We implement appropriate technical and organisational measures to protect personal data. However, no method of transmission or storage is completely secure.
11. Suspension and Termination
We may suspend or terminate your access to the Site (including any account) immediately and without liability if we reasonably believe that you have breached these Terms or applicable law, or if we must do so to comply with a legal obligation or to protect the Site, Users or third parties. You may stop using the Site and, if applicable, request closure of your account at any time. Sections intended to survive termination (including intellectual property, disclaimers, liability, indemnity, and governing law) will continue in effect.
12. Changes to the Site and Availability
We may update and change the Site from time to time to reflect changes to our services, Users’ needs or business priorities. We will try to give reasonable notice of major changes when practical.
13. Modifications to These Terms
We may amend these Terms from time to time. When we do, we will post the updated Terms on the Site and, where appropriate, provide a notice of material changes. Changes take effect when posted unless stated otherwise. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Site.
14. Notices and Contact
We may provide notices by posting them on the Site or by other reasonable means. For questions about these Terms or to exercise your data protection rights, please contact us using the contact details provided on this Site.
15. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
16. Waiver
No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that or any other right or remedy, nor shall any single or partial exercise of any such right or remedy preclude any further or other exercise of that or any other right or remedy.
17. Entire Agreement
These Terms constitute the entire agreement between you and Maymana relating to your use of the Site and supersede any prior or contemporaneous understandings or agreements regarding such subject matter. Nothing in these Terms limits any statutory rights you may have as a consumer that cannot be waived by contract.
18. Applicable Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction. If you are a consumer and resident in the United Kingdom, you may bring legal proceedings in the courts of your place of residence. You will also benefit from any mandatory provisions of the law of your country of residence. Nothing in these Terms affects your statutory rights.