HENA Market Place W.L.L and its affiliates and subsidiaries (collectively, “HENA”, “we”, “us” or “our”), owns and operates the HENA freelance marketplace website at www.hena.work and its related sub-domains, sites, and applications (together, the “Platform”).
The Platform is intended to connect freelancers i.e. registered users selling services (‘Freelancers”) with clients i.e. registered users who wish to purchase services (“Clients”) across the MENA region (reference to ‘MENA region’ shall be interpreted to mean all Gulf Cooperation Council States, Egypt, Jordan and Lebanon).
By [clicking “Sign up”, “Create account” or similar] you (“user” or “you”) agree to be bound by the these terms of service (the “Terms of Service”) and you agree that by [signing up, creating an account or otherwise registering with us on our Platform signifies that you have read, understood, and agree to be bound by these Terms of Service.
If you do not agree to these Terms of Service, you must not use our Platform.
We may, in our sole discretion, revise or amend the Terms of Service from time to time without notice to you (unless advance notice is required by applicable law). Any such revisions or amendments will take effect once they have been displayed on the Platform. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarise yourself with any modifications. Your continued use of our Platform following any amendments shall be construed as acceptance of those revisions and amendments.
These Terms of Service apply regardless of how you access and use the Platform, including any technologies or devices by which the Platform is made available to you.
REGISTRATION AND ACCOUNT OBLIGATIONS
In order to access the Platform, you will be required to register and create an account (“Account”) by providing the required information and complying with the relevant verification processes. You agree that you will not: (a) create an Account using a false identity or information that is not your own; (b) adopt a username that we, in our sole discretion, deem offensive; (c) have more than one Account; or (d) create an Account if we have previously deleted your Account for any reason whatsoever.
You agree and acknowledge that any information provided by you to us or registered with us will be complete and accurate. You are responsible to promptly update details of your Account to ensure that they are at all times considered true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your Account, password, user identification codes and any other piece of information as part of our security procedures. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all users of your Account, password, user identification codes and any other information, whether or not such users were authorised by you. You undertake to immediately notify HENA of any unauthorised use of your Account or any other security breach.
You agree to accept responsibility for all activities that occur under your Account with us. If someone other than yourself uses the Platform with your login information you will be held accountable for all actions made in your name.
You may not, at any point in time, use any other person’s Account. You agree to reimburse HENA in full for any costs, expenses and damages caused by improper, unauthorised or illegal use of our Platform by you.
We at all times reserve the right in our sole discretion to reject your application to register an account, restrict your access or indefinitely block and/or terminate your Account without any liability if: (a) you provide any information that is untrue, inaccurate, not current or incomplete or if suspect in our sole discretion that such information is untrue, inaccurate, not current or incomplete, (b) we are unable to verify or authenticate any information you provide us, (c) you are in breach of the Terms of Service, (d) we have previously deleted your Account for any reason whatsoever and/or (e) we in our sole discretion are of the view that your actions may cause loss or liability to us or other users.
PROHIBITED USES OF THE PLATFORM
You may only use the Platform for lawful purposes in accordance with these Terms of Service.
You agree not to use the Platform:
for any purpose other than the purpose for which we make it available to you and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform;
in any way that violates any applicable federal, local or international law or regulation (including without limitation any laws regarding the export of data or software between countries);
to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter or spam or any other similar solicitation;
to impersonate or attempt to impersonate HENA, a HENA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or, as determined by us, may harm HENA or users of the Platform or expose them to liability;
use the Platform in any manner that could disable, overburden, damage or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
use any manual process to monitor or copy any of the material on the Platform or for any other unauthorised purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the Platform;
introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
use the Platform in order to transmit, post, distribute, store, or destroy material, including without limitation, HENA content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful;
to gain unauthorised access to any portion or feature of the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means;
for the purpose using any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on Platform or with any other person’s use of the Platform; and/or
otherwise attempt to interfere with the proper working of the Platform.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
to the extent applicable to you, you operate a lawful business in accordance with all applicable laws and regulations;
you are at least 18 years old (or the age of majority in your country if the age of majority in your country is over 18);
you will use the Platform in a manner consistent with these Terms of Service and all applicable laws and regulations;
your use of the Platform will not infringe or misappropriate the intellectual property rights of HENA, any user or any other third party;
your acceptance of these Terms of Service and use of the Platform will not violate any applicable laws and regulations;
to the extent applicable to you, you have all the necessary rights, licenses and approvals to provide and manage your content on the Platform; and
if applicable your employees or other persons authorised by you who have been provided access to your Account to undertake any actions within the Platform have been duly authorised by you to do so.
YOUR OBLIGATIONS AS A CLIENT
As a Client you acknowledge and agree that:
you will only use the Platform to identify suitable Freelancers on remote work basis for your projects (whether part-time jobs, jobs with flexible schedules, and/or one-off projects) (“Projects”) through appropriate use of the Platform;
you will not post Projects or any content on the Platform that contains hyperlinks, "hidden" keywords, or keywords that are irrelevant to the Project or are otherwise misleading;
you shall be fully responsible for all activity (including the activities of any other authorised users of your Account such as your employees) on the Platform, and any breach of these Terms of Service by you or authorised users of your Account;
it will promptly notify HENA in the event you become aware of any violation of these Terms of Service by you or any of your employees, or other authorised users of your Account;
your account may be subject to verification by HENA, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm the legitimacy and ownership of your business and your location. When requested, you shall promptly provide HENA with complete information about your business and other reasonable requests HENA makes as part of this verification process. HENA reserves the right to suspend your Account until the verification is successfully completed to HENA’s satisfaction. In the event HENA is unable to complete such verification it may terminate your Account, including any ongoing Projects in accordance with section 1.6 above;
we are under no obligation whatsoever to find suitable Freelancers for any of your Projects. It is your responsibility to find and consider the suitability of Freelancers on the Platform through appropriate use of our Platform’s search and filtering options and features. Notwithstanding the aforementioned, we may recommend Freelancers to you by using data collected through the Platform. You further agree and acknowledge that any such recommendations are presented to you without warranty or representation regarding the relevant Freelancer, their skills, qualifications or their suitability for any Project;
while reasonable efforts to verify Freelancers are made by HENA in good faith with respect to background checks, it is ultimately your responsibility to conduct any background checks, reference checks, or other due diligence that you may require before deciding to engage a Freelancer for a Project;
HENA is not responsible and provides no warranty in relation to the qualification, content, quality or the level of service provided by any of the Freelancers (even if any such Freelancers are promoted on the Platform). HENA assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any such Freelancers recommended by HENA on the Platform; and
you will provide clear, detailed and honest feedback on the Freelancers that you have engaged with.
YOUR OBLIGATIONS AS A FREELANCER
As a Freelancer you acknowledge and agree that:
you will only use the Platform to offer your professional services (the “Services”) and/or apply for suitable Projects;
you have all the requisite skills, experience, qualifications and knowledge to provide the Services you offer or the Projects you bid for;
you will provide the Services and or deliverables pursuant to a Project to Clients in a professional and work-like manner, specifically you will ensure that all deliverables are error free, fully address each of the Client’s defined requirements and are a complete set of deliverables as defined or as agreed with the Client;
your Account may be subject to verification by HENA, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm the legitimacy and ownership of your business and your location. When requested, you shall promptly provide HENA with complete information about your business and other reasonable requests HENA makes as part of this verification process. HENA reserves the right to suspend your account until the verification is successfully completed to HENA’s satisfaction. In the event HENA is unable to complete such verification it may terminate your Account, including any ongoing Projects in accordance with section 1.6 above;
that HENA may use data collected through the Platform to generate Project recommendations. You acknowledge that we cannot confirm the accuracy of any such Projects, and that HENA assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any such Projects that may be promoted or recommended by HENA on the Platform;
that HENA has no responsibility for expired Project listings or for delivering your bid submissions (if any) prior to a Project listing’s expiration;
late, non-delivery and negative feedback from Clients will negatively affect your rankings on the Platform;
that HENA may, in its sole discretion, permit an unlimited amount of other Freelancers access to the Platform with the same or similar skills, experience, and service offerings, including freelancers that provide the same or similar services as you;
HENA reserves the right to suspend and/or terminate your Account at any time if HENA believes, in its sole discretion, that you are unable to maintain a high quality service, experience a severe drop in ratings, receive a large number of negative reviews, or stop delivering on time; and
you will provide clear, detailed and honest feedback on the Freelancers that you engage with.
PLATFORM SUBSCRIPTION PLANS AND FEES
We offer two types of subscription plans for the Platform: the Basic Plan and the Premium Plan (together referred to as “SubscriptionPlans”).
The features made available under each the Subscription Plans differ depending on whether you are a Freelancer or a Client. For further details and benefits of each plan please visit www.hena.work.
Our Basic Plan is provided to you free of charge, however should you opt for the Premium Plan you will be charged a subscription fee is yet to be confirmed per annum (“Subscription Fee”) (exclusive of any Value Added Tax (VAT) which if applicable, will be payable in addition to the Subscription Fee).
We reserve the right to amend the Subscription Fee, the features or options of each Subscription Plan (including the right to charge a Subscription Fee for the Basic Plan) in our sole discretion. Any such changes will be effective once they have been published on the Platform.
Any payment details provided by you as part of your subscription to our Premium Subscription Plan will be provided directly to our third-party payment processor via a secured connection. We do not store your credit or debit card information which is collected by our third-party payment processor through the Platform.
Unless otherwise cancelled, you will automatically be charged the Subscription Fee and any applicable VAT through your provided payment method at the start of each subscription period (i.e. the immediate day following the expiry of your current Subscription Plan). We will provide you with your billing information in a format chosen by us, which may change from time to time. To avoid future charges, you must cancel your subscription plan prior to its expiry in accordance with section 7 below.
You will be charged in USD (United States Dollars). If you are making a payment with a different currency, your payment will be converted to USD at a foreign exchange rate determined by an official institution. We are not responsible and shall not compensate you for any loss occurred due to any currency rate fluctuations. HENA gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to provide the best or most competitive exchange rates available.
If there is a change or you wish to update your payment method, you must update your payment information on our Platform to avoid suspension or termination of your Premium Plan subscription.
CANCELATION OF SUBSCRIPTION PLAN
You are solely responsible for and in control of cancelling your Premium Plan subscription. You can cancel your Premium Plan at any time by visiting the ‘Billing’ section on the Platform.
If you cancel your Premium Plan subscription, previous Subscription Fee charges will not be refunded, but you may continue to enjoy the benefits offered under the Premium Plan until the end of the term is paid for. For the avoidance of doubt, note that:
the Freelancer’s failure to receive any Projects during the Subscription Period; and
the Client’s failure to find any suitable Freelancers on our Platform during the Subscription Period,
shall not entitle the Freelancer or Client to a refund of the Subscription Fee.
In the event that we suspend or terminate your Account for any reason whatsoever (reference is specifically made to section 23 of these Terms), you will NOT be refunded any portion of the Subscription Fee.
THE SERVICE CONTRACT
The Client and Freelancer create a direct service contract through the Platform between themselves in relation to a Project and/or a Service (the “Service Contract”). HENA is not party to any Service Contract.
The Client and Freelancer decide on the price and determine the terms and conditions of the Service Contract, including the deliverables and any other specific requirements.
Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a Service Contract and any intellectual property rights therein, will be assigned to the Client upon successful payment to the Freelancer. If the Client and Freelancer wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Client and Freelancer should negotiate and document these terms on the Platform.
Subject to variation in the Service Contract, the terms and conditions of Service Contract shall be deemed to incorporate a term that in consideration of the fee paid, the Freelancer thereby assigns to the Client absolutely with full title guarantee the following rights throughout the world:
the entire copyright and all other rights in the nature of copyright subsisting in the relevant Service Contract; and
any database right subsisting in the relevant Service Contract; and
all other rights in the Service Contract of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of Commencement of the Service Contract may be, entitled by virtue of the laws in force in the Kingdom of Bahrain and in any other part of the world,
in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of commencement of the Service Contract.
COMMUNICATING THROUGH THE PLATFORM AND NON--SOLICITATION
You agree that at all times you (a) will use the Platform as the sole manner to communicate with other users; (b) will not provide your contact information (including without limitation, phone number, e-mail address or physical address (“Contact Information”)) to any other user that you identified or were identified by through the Platform; (c) will not communicate or attempt to communicate with, solicit, contact, or find the contact information of a user outside of the Platform; (d) will not ask for, provide, or attempt to identify through public means the contact information of another user; and (e) will not include your Contact Information or means by which your Contact Information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the Platform’s communications services (including in each case in any attached file), except as otherwise provided on the Platform.
During any time in which you are accessing or using the Platform and for a period of one (1) year immediately following the termination or suspension of your Account for any reason whatsoever, you agree not to directly or indirectly, for your own account or for the account any other person or entity, hire, engage, solicit or accept orders from, or provide services similar to any user which you were introduced to or exposed to through the Platform, regardless of whether a Service Contract was concluded.
COMMISSIONS UNDER SERVICE CONTRACTS
The Client agrees to place a valid payment method on file and gives authorization to HENA to charge it repeatedly per these Terms of Service.
The Client must in addition to the price agreed under a Service Contract pay HENA a commission fee of five percent (5%) calculated on the total price payable under any Service Contract.
A commission rate of ten percent (10%) will be charged to the Freelancer calculated on the total payments received under any Service Contract. The commission will be deducted prior to any funds being released to you by HENA.
If you are on a Basic Plan, in addition to the commission fees set out above, a minimum commission fee of $0.750 shall be charged and payable by the Client and the Freelancer on each Service Contract, irrespective of the value or price agreed under the relevant Service Contract.
HENA reserves the right at any time to change the commission fees (as set out above) or add additional charges in its sole discretion. Any such changes will be effective once they have been published on the Platform and will only apply to Service Contracts that are concluded after the date of any such publication.
PRICE AND PAYMENTS UNDER SERVICE CONTRACTS
The price payable under a Service Contract may be based on fixed price, per hour rate or a combination of both.
All payments between the Client and Freelancer must be processed through the Platform, both for work sourced on the Platform and for any subsequent work between the Client and Freelancer, either for the same or another Project and/or Service.
Payment (or attempt of) outside of the Platform is a material breach of these Terms of Service unless the prior express written consent of HENA has been obtained. Such payment (or attempt of) will lead to temporary and/or permanent suspension of the Client and/ or Freelancer's Account. The Freelancer will be liable for any loss of business and legal expenses that HENA may incur in recovering it. HENA reserves the right to sanction funds held in the Freelancer's Account in order to recover lost fees. Moreover, HENA will not mediate any disputes or be liable to either the Client or Freelancer's loss of business as a result of violation of this section. Users must report attempts or offers to make payment outside of the Platform by their Client or Freelancer to HENA immediately.
FixedPrice Service Agreements:
the Client must pay the full price plus the applicable commission fee to HENA to be held by HENA on behalf of the Freelancer;
the Client will need to provide their requirements (as specified in the Service Contract) on the Platform so that the Freelancer can get started;
once the requirements are provided the Freelancer must:
respond to the Client through the Platform within three (3) days to confirm work has started otherwise the Client may request and will be entitled to a refund in accordance with Section 12 below;
provide regular progress updates through the Platform and respond within three (3) days to all messages from the Client;
complete the Project or Service within the delivery timescales indicated in their Service Contract including handover of all deliverables through the Platform. Failing to deliver within those timescales may mean the Client requests and is entitled to a refund in accordance with Section 13 below;
once the Service Contract is completed the Freelancer will raise an invoice on the Platform and:
the Client is then able to confirm receipt of the deliverables and leave feedback for the Freelancer, upon which the funds held by HENA will be automatically released to the Freelancer as payment (minus applicable commission fees and any applicable VAT); or
alternatively, if the Client is not satisfied with the deliverables they can reject the invoice and provide the Freelancer with detailed feedback on what work remains outstanding. The Freelancer must provide, and be given the chance to respond and provide at least two revisions of the deliverables based on detailed feedback from the Client within seven (7) days. If the Client continues to reject or fails to accept the deliverables, the Freelancer must submit a dispute specifically identifying the details of the work that should be paid in accordance with Section 13;
if the Client does not either i) leave feedback for the Freelancer, nor ii) reject the invoice, the funds held by HENA will be automatically released on their behalf to the Freelancer as payment after seven (7) days.
once the funds held by HENA are released to the Freelancer in accordance with the above provisions, HENA and the Freelancer will be entitled to assume that the Client is satisfied with the deliverables and does not have a dispute of any kind in relation to the Service Contract. The Client agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.
Per hour Service Contracts:
a Freelancer's payment for a per hour Service Contract is based on the per hour rate as stated on the Freelancer’s profile at the time the Service Contract is concluded. The Client agrees to pay the Freelancer based on the time spent, not on the real or perceived quality of any deliverables provided;
every seven (7) days an invoice will be automatically raised by the system on behalf of the Freelancer according to the number of hours tracked by the Freelancer during the last seven (7) days days and the per hour rate of the Service Contract;
the Client can pay the invoice manually within three (3) days of the invoice being raised. If not paid manually by the Client within three days (3) days and provided that the Client has not raised a dispute in accordance with Section 13 below, the invoice will be automatically paid by the system charging one of the payment methods of the Client on file at any time;
if an invoice is rejected, the Client must provide detailed reasons for such rejection. The Freelancer must provide, and be given the chance to respond within three (3) days . If the Client fails to accept and pay the invoice, the Freelancer must submit a dispute specifically identifying the details of the work that should be paid in accordance with Section 13.
REFUNDS
The Client understands and agrees that once the amounts payable to the Freelancer under a Service Contract are released to the Freelancer, any such amounts may not under any circumstances be refunded to the Client unless:-
the Freelancer cancels the Service Contract or accepts Client’s request to cancel the Service Contract;
the Client and Freelancer agree to close the Service Contract without release of funds; or
the refund is necessary pursuant to the issuance of an order of a court, arbitrator, or other judicial body of apparent competent jurisdiction in favour of the Client, in whole or in part, to the extent required by the order.
The Client is entitled to receive a refund of funds held by HENA under the following circumstances:
no response: the Freelancer has not responded on the Platform within seven (7) days of the commencement of the Service Contract;
non-delivery: the agreed scope of work was not delivered within the agreed timescales under a Service Contract with a fixed price;
for per hour Service Contracts, no time has been spent; and/or
poor quality: with the exception of per hour rate projects, the deliverables provided by the Freelancer do not meet the terms of the Service Contract.
DISPUTES BETWEEN USERS
All communication and payments between the Client and Freelancer must go via the Platform to keep both parties protected in case of a dispute.
We encourage the Clients and Freelancers to try and resolve any disagreements between themselves through the available channels on the Platform
A dispute can be raised by a Client by rejecting an invoice or by the Freelancer by sending an email to [email protected].
We will aim to make a resolution decision on behalf of both parties within fourteen (14) working days. If a mutual resolution has already been agreed between both parties on the Platform, then the dispute will either be cancelled or resolved in line with the mutual agreement.
In the event of having to make a resolution decision, HENA will use only the communication and deliverables on the Platform as sole evidence, and consider:
if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the issue;
for Disputes concerning the quality of the work delivered: HENA will consider whether the Freelancer has met general quality standards as defined in Section 5. Assessments on quality based on perceived taste or requiring specialist technical or subject matter expertise, will not form part of the resolution decision; and
if the Client and Freelancer have complied with these Terms of Service.
Any disputed funds shall be dealt with in accordance with the resolution decision and these Terms of Service. Our involvement with the dispute ends once the resolution in relation to the Dispute has been communicated.
Users agree and accept that any payments and/or other actions made by HENA in accordance with the resolution decision of a dispute are made in good faith and users shall have no cause of action against HENA (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it.
Users agree and accept that they have no right to seek to hold HENA liable for a Client or Freelancer’s alleged actions or failures, and under no circumstances will HENA, its officers, directors, employees, agents, subsidiaries, affiliates and/or partners be held liable for any such actions or failures.
RELATIONSHIP BETWEEN CLIENT AND FREELANCER
The Client agrees and acknowledges that the Client shall treat the Freelancer as an independent contractor and that the Client is solely responsible for and assumes all liability for any classification of any Freelancer as an employee of the Client. The Client agrees and acknowledges that HENA has no control, supervision, direction, decision-making authority, whether directly nor indirectly, over the Freelancer, other than the Freelancer’s access and use of the Platform. The Client agrees and acknowledges that the Freelancers are not employees, independent contractors or agents of HENA.
The Service Contract is a contractual relationship directly between the Client and Freelancer. HENA is not responsible for and is not a party to any such contract and under no circumstances will any such contract create any service relationship or similar between HENA and any user.
The Freelancer and Client are responsible for determining the manner and methodology for performing the services under a Service Contract. The Freelancer and Client are responsible for determining length of projects and any project scheduling, and the fees payable under the relevant Service Contract. The Freelancer shall be responsible for equipment, supplies, materials, facilities or any other items necessary to perform its services to Clients under a Service Contract. Alternatively, equipment, supplies, facilities or any other items necessary for use in and for the purpose of performing the Service Contract shall be between Freelancer and Client.
In addition to the above, the Client and Freelancer agree to indemnify, hold harmless and defend HENA from any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to their engagement with one another, including but not limited to any breach of any of either party’s representations and warranties, or from damage or destruction of any work or properties, attributable to or resulting from the Freelancer’s engagement with the Client.
Notwithstanding the generality of section 14.4 above, the Client and Freelancer agree to indemnify, hold harmless and defend HENA from any and all claims demands, causes of action, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising out of or related to their engagement, including but not limited to any claim relating to the reclassification of a Freelancer as an independent contractor and/or any employment-related claims (including that HENA was an employer or joint employer of a Freelancer). The Client and Freelancer acknowledge that HENA does not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services performed.
INTELLECTUAL PROPERTY RIGHTS
The Platform and the materials on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HENA, and are subject to copyright and other intellectual property rights under Bahrain and foreign laws and international conventions.
In connection with the services, the Platform may display certain content belonging to third parties. Use of this content may be subject to a license granted by third parties to HENA. You shall not, in any event reverse engineer, decompile, or disassemble such content and nothing herein shall be construed to grant you any right in relation to such content. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Content displayed on or through the provision of the services are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Marks, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Marks, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
HENA reserves all rights not expressly granted herein to the Platform. You agree not to sell or modify the Materials or reproduce, display, distribute, or otherwise use the Marks or the Materials in any way for any public or commercial purpose, in connection with products or services that are not those of HENA, in any other manner that is likely to cause confusion among consumers, that disparages or discredits HENA or its licensors, that dilutes the strength of HENA’s Marks, or that otherwise infringes HENA’s intellectual property rights. You further agree not to misuse in any other way any the Materials or Marks. The use of the Materials or Marks on any other website or in a networked computer environment for any purpose is prohibited. Any code that HENA creates to generate or display any HENA content is also protected by HENA’s copyright, and you may not copy or adapt such code.
If you believe that your intellectual property is being used on the Platform in a way that constitutes copyright infringement, we encourage you to contact us as set out under the section entitled “Contact Us”.
PRIVACY NOTICE
You acknowledge that your use of the Platform is subject to our Privacy Notice and Cookies Policy.
By proceeding to use the Platform, you consent that HENA may process the personal data (including any sensitive personal data) that HENA collects in accordance with the Privacy Notice and Cookies Policy.
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice and Cookies Policy, which explain (as applicable) what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
USER CONTENT
Any data that you submit, posts, publishes, displays or makes available on or through our Platform, or otherwise provides to HENA, is called “User Content”. HENA may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules, or regulations, is abusive, disruptive, offensive, or illegal, or violates the rights of, or harms, or threatens the safety of, HENA or the users. HENA may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for HENA, damage HENA’s brand or public image, or cause HENA to lose (in whole or in part) the services of its Internet Service Providers or other suppliers.
HENA does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
You understand and agree that HENA will not be liable for any treatment of User Content generated by you as confidential, and waive all rights with respect to any such claims of confidentiality. You must not use the Services if you do not agree that User Content generated by you will be considered public and will not be considered confidential.
We will not include User Content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). Notwithstanding the aforementioned, we have the right, without any payment to you or others, to serve ads near the User Content.
PARTNER CONTENT
Our Platform may contain “Partner Content”. “Partner Content” means any information, product description, data, content, and other materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other material) (together the “Adverts”) made, compiled, developed or managed by our partners accessible through our Platform.
By accessing the Platform, you acknowledge and agree that the Partner Content is not created by us and provided AS IS. The provision of Partner Content does not constitute a recommendation by or solicitation by us to purchase any product or make any other type of decision in respect of that Partner Content.
Except where otherwise specified on this Platform, the Adverts on this Platform are displayed for promotional purposes and/or to provide our services on the Platform. Before you act in reliance of any of the Adverts, you should confirm any facts that are important to your decision. We do not accept any liability as to the reliability, accuracy, timeliness, usefulness, or completeness of any Adverts.
THIRD PARTY SERVICES
Third Party Applications. The use of any third party application is subject to any terms and conditions provided with such third party application and is not governed by us. The use of third party applications is solely your responsibility since HENA does not govern the use of such third party applications. HENA is not responsible for any third party applications and you acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any third party applications (including any content therein) and HENA hereby disclaims any and all liability to you or any third party related thereto.
General. You are solely responsible for any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties other than HENA that you use in conjunction with the Platform. HENA shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties other than HENA.
External Websites. HENA may provide access to third party content and links. You understand and agree that we are only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy, or obscenity. HENA shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You agree that HENA shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked website.
DISCLAIMER OF WARRANTY
To offer a reliable and enjoyable service we need to fix bugs, install updates and perform general diagnosis and maintenance. We cannot warrant that the Platform and our services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent permitted by applicable law, content and function of the Platform, and our services, are provided on an "as is" basis without warranties of any kind, whether expressed or implied.
Information obtained on the Platform may not always be accurate. We use other providers to provide data on which we base the information detailed on the
Platform. We try to make sure that the data is correct and up to-date together with our partners (as applicable), but we cannot guarantee that it will always be.
LIMITATIONS OF LIABILITY
To the maximum extent permissible by applicable law, we, our subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
shall not be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, and the payment by you;
are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, loss of revenue or anticipated profits, loss of goodwill, loss of business or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and the our services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we advised of the possibility of such damages;
exclude any and all liability for damages caused by, any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform; and
expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Nothing in these Terms of Service shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be excluded or limited under applicable law.
INDEMNITY
You agree to defend, indemnify and hold harmless HENA and its affiliates and subsidiaries, and its officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your breach of any provision of these Terms; (ii) your breach of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; (iii) your use of the Platform or the Service, or (iv) any claim that the our services, the Platform or its content caused damage to you or a third party. This defence and indemnification obligation will survive termination, modification or expiration of your use of our services and the Platform.
To the extent applicable, the Freelancer agrees to report and pay any contributions for self-employment taxes, unemployment insurance, social security and other contributions payable by the Freelancer by law, and to defend, indemnify and hold harmless HENA, including its agents, affiliates, managers, members, principals, officers, directors, shareholders, successors and assigns, in any action, and for any damages, which may arise out of the Freelancer’s failure to report and/or pay any such contributions.
LIMITATION AND TERMINATION OF SERVICE
HENA may establish limits from time to time concerning use of the Platform or your Account, including among others, the maximum number and size of postings, e-mail messages, or other content that may be transmitted through or stored by the Platform, and the frequency with which you may access our services or the Platform.
You understand and acknowledge that you have no ownership rights in your Account and that if you cancel your Account, all your account information from the Platform will be marked as deleted in HENA’s databases and will be removed from any public area of the Platform. HENA is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Notice.
HENA reserves the right at any time to modify or discontinue our services on the Platform (or any part thereof) without notice to you (unless advance notice is required by applicable law). HENA shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service
You acknowledge and agree that HENA, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your Account, block your e-mail or IP address, or otherwise terminate (without the need for a court order) your access to or use of the Service or Platform (or any part thereof), immediately and without notice if you breach our Terms. You agree that HENA shall not be liable to you or any third-party for any termination of your access to the Platform or the Service in any such instances.
Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law. In the event that HENA suspends or terminates your Account pursuant to section 23.4 above, you will no longer be authorised to access the Platform or your Account, and we reserve the right to use any means possible to enforce this termination.
ELECTRONIC COMMUNICATION
To fulfil our obligations to you under these Terms of Service, we may wish to communicate with you by email or other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for
communications which need to be in writing.
FORCE MAJEURE
Under no circumstances will we be held liable for any delay or failure or disruption of our services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
GENERAL INFORMATION
Waiver and Severability: The failure of HENA to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. To the extent that any provision in these Terms of Service shall be found to be unenforceable, such provision shall be modified in such a manner so as to make these Terms of Service as modified, legal and enforceable under applicable laws, and the balance of the provisions of these Terms of Service shall not be affected thereby.
Assignment and Third-party Rights: HENA may at any time assign, sub-contract or transfer, any or all of its rights or obligations under these Terms without the need for your consent, provided that we give prior written notice to you insofar as required by applicable laws. You may not assign, sub-contract, transfer of sub-license any of your rights or obligations under these Terms to any third party unless we agree in writing.
Relationship. Nothing under these Terms of Service will create an employment, agency, or joint venture relationship between you and HENA.
Prevailing Language. These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.
GOVERNING LAW AND JURISDICTION
The laws of the Kingdom of Bahrain apply to these Terms of Service, although if you are resident elsewhere, you will retain the benefit of any mandatory protections given to you by the laws of that country.
Any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Bahrain courts.
CONTACT US
For any support or queries, you may contact us at [email protected].
NOTICES
Any correspondence (including notices) to be given under these Terms shall be in writing and sent by electronic mail and/or registered post to the following address / e-mail address:
Address: The 866 building, Seef sea front, Bahrain