Terms and Conditions of Use

These Terms and Conditions of Use (“Terms and Conditions”) apply to your use of and registration with WiseCroc Platform (the “Website & Mobile Application”). WiseCroc is owned and operated by Mad for People LLC (the “Company”), a UAE Limited Liability Company.

Please Read these Terms and Conditions Before Accessing, Browsing, or Otherwise Using the platform.

Your access to, and browsing, review and use of the platform is subject to these Terms and Conditions and all applicable laws. By accessing and using this, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the platform. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Website and Mobile Application.

Right to Change, Modify or Delete the Terms and Conditions

The Company reserves the right to change, modify, add or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review the Terms and Conditions periodically for changes. Your continued use of the Wise Croc Platforms will mean that you accept such changes or deletions.

Privacy

Please refer to The Company’s Privacy Policy for information regarding the Company’s collection, use, and storage of users’ information.

Copyright and Use of Site Content

This Wise Croc platform (Website & Mobile App) and all the information it contains, or may in the future contain, including, but not limited to, articles, memoranda, bulletins, reports, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of The Company, and is protected from unauthorized copying and dissemination by UAE  Copyright law, trademark law, international conventions, and other intellectual property laws. Certain of the trademarks and logos displayed on the site are owned by third parties. Except as we have described in these Terms of Use, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of The Company or such third party that may own the trademark or copyright of material displayed on this Site.

The Company encourages and permits links to Content on the Site. However, The Company is an organization committed to the highest professional standards. Therefore, The Company does not grant any license or other permission for links or other use of the Site or its Content if such use or link: (a) suggests that The Company promotes or endorses any third party’s causes, ideas, political campaigns, web sites, products or services, (b) copies, displays, disseminates or otherwise uses the Content without The Company’s express written consent, or (c) uses the Content for commercial purposes. Furthermore, The Company does not grant its consent for links to the Site where the linking party engages in any Prohibited Conduct (as described in these Terms of Use). We reserve the right to withdraw permission for any link at any time.

Subject to your full compliance with these terms, The Company authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, non-commercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

Responses to Online Requests

From time to time, The Company may offer to provide information or materials via e-mail or otherwise to interested persons. The Company reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason whatsoever.

Prohibited Conduct

You may use the Wise Croc Platform (website and Mobile App) for lawful purposes only. You may not upload to, or distribute or otherwise publish through the platform, any Content that is any of the following:

• is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to The Company in the Company’s sole discretion;
• contains computer viruses, worms, moles or other contaminating or destructive elements;
• violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity;
• contains any false or misleading statement;
• contains advertising; or
• otherwise violates any applicable criminal or civil law.

Content Management and Removal

The Company does not and cannot review generally the content posted by users of the Site (“Users’ Content”) and is not responsible for such Users’ Content. However, The Company reserves the right to cancel your access to these areas and/or delete, move, or edit any Users’ Content (including messages posted in any forum) that it may determine, in its sole discretion, violates the Terms of Use. You shall remain solely responsible for all Users’ Content posted by you or by any other person using your account. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Users’ Content, as it may determine in its sole discretion.

The Company prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to The Company at the below address, giving a written statement that contains the following information: (a) an identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) an identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. The Company will remove any posted submission that infringes the copyright or other intellectual property right of any person under UAE law upon receipt of such a statement. UAE law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

Non-Endorsement

The Company does not represent or endorse the accuracy or reliability of any Users’ Content displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any subscriber, information provider or any other third party. The Company expressly disclaims any liability related to Users’ Content, and you acknowledge that any reliance upon such Subscriber Content shall be at your sole risk.

The Site may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that The Company is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

Subscriber Qualifications

When registering with or applying to The Company you must provide accurate, complete, and current registration information and you agree to provide The Company with any updates to that information promptly after such changes occur.

Individual subscriptions to the Site are available only to persons who are at least 18 years of age. Minors may receive access keys or user id/passwords only in conjunction with an authorized adult subscription. Your right to use the platform is personal to you and cannot be transferred to any other person.

You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the platform. You shall be responsible for all charges associated with accessing and maintaining a connection to the platform including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

Registrant Information

The Company shall also have the right to disclose aggregate information about registrant usage and demographics in a manner that does not reveal the personal identity of any individual registrant. The Company shall have the right to send you electronic mail to inform you of changes or additions to the Site, or of any products and services of The Company. For additional information, see the Company’s Privacy Policy.

Mobile Application Services

If we offer products and/or services through applications available on your wireless or other mobile device (such as a mobile phone, tablet, or other similar device) (“Mobile Application Services”), such as applications you download or text messaging services, then these Mobile Application Services will be governed by these Terms and Conditions as well as these additional terms (“Additional Terms”) presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in any such Additional Terms, including, without limitation, the terms presented to you in connection with your download of such applicable Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data, and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your information in your account with us, or otherwise notify us of the wireless telephone number that is no longer associated with you to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.

Under no circumstances will we be responsible for any wireless service charges incurred by you, or by a person that has access to your wireless device, telephone number, or email address, using any Mobile Application Services. Any software upgrades or updates we provide may automatically download on your mobile phone, tablet, or similar device. You may be able to adjust these automatic downloads through your device’s settings.

Mobile Applications from Apple App Store.

The following applies to any Mobile Application Services you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms and Conditions are solely between you and the Company, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Apple-Sourced Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this agreement and any law applicable to the Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims made by you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this agreement and any law applicable to the Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this agreement. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Applications from Google Play Store.

The following applies to any Mobile Applications Services you acquire from the Google Play Store (“Google-Sourced Software”): you acknowledge that (i) the agreement is between you and the Company only, and not with Alphabet, Inc., or any of its subsidiaries or divisions (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) the Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the agreement as it relates to the Company’s Google-Sourced Software.

Third Parties

The Company may provide you with links to third party Web sites, and some of the Content appearing to originate from the platform may be supplied by third party Content providers. The Company has no responsibility for these third-party Web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party Content providers.

Access to and Availability of the Platform

The platform (website & Mobile App) may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any virus, worm, mole or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software, or data.

Restriction, Suspension or Termination

The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service.
The Company may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.

Disclaimer of Warranties.

THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER The COMPANY, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER The COMPANY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES The COMPANY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL The COMPANY NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF The COMPANY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. For any dispute with the Company, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that the Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in accordance with UAE LAWS. The arbitration will be conducted in UAE, unless you and the Company agree otherwise. If you are a school or are using the service for commercial purposes, each party will be responsible for paying any filing, administrative, and arbitrator fees, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Company’s offering for non-commercial purposes: (i) you may be required to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from the provider of the arbitration services; and (ii) the award rendered by the arbitrator may include your costs of arbitration, and either party’s reasonable attorneys’ fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of the Company’s data security, intellectual property rights, or other proprietary rights.

Indemnification

You hereby agree to indemnify, defend and hold The Company, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the “The Company Representatives”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by The Company or any The Company Representative in connection with any claim arising out of any use or alleged use by you of this platform or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with The Company’s defense of such claim. Choice of Law.

The Terms and Conditions shall be construed in accordance with the laws of the UAE, without regard to conflict of laws principles.

Entire Agreement

The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

No Amendment or Waiver

The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of The Company.