These Terms and Conditions (“T&Cs”) constitutes a binding agreement between Al Laqtat Al Methalia Co., a Jordanian limited liability company registered with the Jordanian Company Controller Department under No. 60633 (“Laqtat”) and the User as defined below and should be read carefully before accessing or using the Website and/ or availing of any service, Content, or feature through it. If you do not agree to any of these T&Cs, please refrain from accessing or using the Website. Laqtat may at any time and as it deems appropriate modify, change or replace these T&Cs through publishing the amended/ updated version on the website.
By accessing, Using, and/ or availing from any service, feature, Content, and/or benefit made available by or through the Website (as defined below), the User accepts to be bound by these T&Cs. These T&Cs should be read in conjunction with the Privacy Policy (which is made part of these T&Cs by incorporation) and are without prejudice to the provisions of License (as defined below) where the terms of License apply, and in case of contradiction between the provision of License and these T&Cs, the License shall prevail.
1. Definitions
Unless the context otherwise requires, the following expressions shall have the meanings ascribed to them hereunder:
Permitted Use: Normal browsing of the Website made for lawful personal information by the User with the volume of data, frequency and concurrency of use that does not interfere with any other User’s Use, does not result in any economical benefit to the User nor does it contradict with the legitimate interests of Laqtat. Abnormal use of any applications, programmes, Content, or means that Laqtat or the Website make available, using them other than for their intended purpose, circumventing, harming or damaging any programs or applications used by the Website, sending or distributing bugs, viruses, harmful codes and the like, damaging any information or data kept by or published on the Website, manipulating protection measures taken by the Website, obtaining and attempting to obtain any Content from the Website other than by virtue of a License, linking any accounts, advertisements, or comments on other websites with the Website, publishing the same on the Website or vise-versa, copying, republishing, framing, modification downloading, transmission, adaptation, creation of derivative works, renting, leasing, lending, sale, assignment, distribution, display, performance, license, sublicense or reverse engineering, use of data mining, robots, image gatherings and/or extraction methods and the like, removal of watermarks, copyrights signs and notices shall all be considered forms of non-Permitted Use.
Licensed Use: the use that may only be made under a License.
License: The binding agreement between Laqtat and the User that is entered into separately from this T&Cs automatically when a User opens an account with Laqtat and pays the applicable fees, which allows the User to make such forms of use of the Content that are seized to Licensees as per the terms of this Agreement, which is accessible through the following link: https://laqtat.com/licence. The term ‘Licensee’ shall be construed accordingly.
Use: Shall mean collectively Permitted Use and Licensed Use.
User(s): Any person Using the Website. If such use of the Website is made by a person on behalf of an employer or other entity, then the term shall refer both to the actual User as well as to such employer or entity; in which case the User represent and affirms that the same has the authorisation to make the Use in such capacity; otherwise such person shall be personally liable towards Laqtat for the obligations herein.
Content: Any data, information or material made available by the Website or through it, (including without limitation, audio, visual, audio-visual, digital, text, statements, representations, reviews, comments, data of whatever type or nature, pictures, signals, forms, images, footage, music, and related metadata etc).
Website: Means the website available at the following URL www.Laqtat.com, and all websites/ pages accessible via the Website, the term also includes all corresponding computer and smartphone applications (such as on IOs or Android platforms), and any other means, known at present or to be known in the future, that can be functionally equivalent to the aforementioned, as well as services and features the Website makes available, and all Intellectual Property pertaining thereto.
Intellectual Property: Laqtat’s copyright (including moral and financial right, the right inuring from selection and arrangement), patents, designs, trademarks, domain name rights, trade names, goodwill rights, trade secrets, trade dress, logos, images, graphics, look-and-feel of the Website, confidential information and any other intellectual proprietary right or form of intellectual property in any jurisdiction, including the intellectual property rights over the Website and all the Website related or connected programs, computer applications and smartphone applications, and the right to apply to register and enforce the foregoing rights. Content and any part therefor fall under this definition unless indicated otherwise.
Policies: The policies issued by Laqtat to govern an aspect, service, feature, benefit or more that the Website provides as the same are amended, restated, or replaced from time to time.
User’s Data: Any information or data demanded by the Website from a User that belong, pertain, and/or describe the User as such and/or the business thereof, such as data related to name, trade name, standing with official authorities, national ID number, contact information, bank account information, commercial registration particulars.
Applicable Law: the Laws, regulations, and all types of binding official works issued by the authorities of the Hashemite Kingdom of Jordan.
2. Rules Applicable to the Use
a) Provided that these T&Cs are complied with in full, Laqtat grants the User a non-exclusive, non-transferrable, non-assignable, non-sub licensable, and a revocable right to access the Website and make Permitted Use.
b) The User shall refrain from any Use that is not a Permitted Use.
c) Rights, features, and forms of usage that may not be made by a User other than under a License may not be conducted unless such License is obtained and applicable fees are paid in full. Please refer here for the terms of License https://laqtat.com/licence.
d) User is not permitted to assemble, reverse engineer, copy, adapt, modify or try to obtain the source code that makes up the Website (or any underlying programmes or codes), make derivative work thereof, and/or provide a hyperlink to the Website (or vise-versa) or make any similar act or conduct without attaining Laqtat’s express written consent.
e) The User shall refrain from any infringement to the rights of Laqtat and/or those of third parties in any jurisdiction, and shall ensure that no Use infringe on any third party’s right, such as, without limitation, exclusive commercial representations, exclusive licenses, third party intellectual property rights, etc.
f) Laqtat maintains the right to cease all Website Uses by (a) particular User(s) on a reasonable ground as determined by Laqtat, for the period of time and/or within the geographic scope as it thinks fit, until the conditions it puts for re-activation of the right to use the Website or the account are completely fulfilled by the relevant User (if any) or permanently.
g) Laqtat maintains full right to suspend the Use, shut down the Website or deny access thereto at any time without this resulting in any liability on the same whatsoever and without the need to show reasons.
h) Sums and amounts provided in the Website are in United States Dollar (unless otherwise indicated); where payment is made in other currencies, the exchange rate provided by the payment gateway service provider with which Laqtat deals shall apply. Accepted payment methods are Visa and Mastercard. Whenever a User makes a translation with the Website, the same shall retain a copy of the transaction records, these T&Cs, and the License. Whenever a payment is made on the Website, the paying User will receive a confirmation of payment by email on the email address the same provided in the same day of making the payment. It is further known to the paying User that multiple transactions may result in multiple postings to the cardholder’s monthly statement.
i) Laqtat does not represent or warrant that the Content, Use, or any portion thereof, are appropriate or available for use in any particular jurisdiction or for any particular purpose. Users who choose to access the Website and make any Use do so on their own initiative, without reliance on any representation or promise from Laqtat (whether implied or explicit) and at their own risk, and are responsible for complying with all local laws, rules and regulations applicable to them or as a result of their Use. All warranties and representations whether implied, explicit or presumed by the law in favour of the User are hereby waived by the User and excluded to Laqtat’s favour to the fullest extent allowed under the law unless explicitly stated herein or in the License.
j) Laqtat will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Jordan.
k) A user must be at least 18 years of age, minor or persons under the age of 18 shall refrain from any Use.
3. User’s Warranties, Obligations and Acknowledgements
a) The User undertakes to: (i) ensure, where the same provides User’s Data, the User’s Data the same provides are correct and valid; (ii) provide information and any cooperation as reasonably required by Laqtat; (iii) not rely on any representations made by Laqtat (iv) restrict the Use of the Website to Permitted Use, and not seek extraction of any commercial/economic benefit from the Use (such as by way of selling or obtaining any consideration for Use for the account thereof or for a third party or Use the Website in any way for obtainment of a financial benefit) without the explicit written approval of Laqtat; (v) ensure that, when (an) account(s) is made for the User, that password(s) and any other access information are kept safe and secure and that the User account and/or Website are at all times protected from illegal access, misuse and damage by anyone making Use through User’s passwords(s) or access information; (vi) contact Laqtat immediately upon learning that password(s) or access information is no longer secure or have been used illegally; (vii) comply with the Policies, these T&Cs, and any directions Laqtat gives and restrictions Laqtat makes regarding the Use, and, where applicable, the License; (viii) not make any Use in any way that is illegal or may be offensive, or causes damage to any other party or intend any of the aforementioned (ix) abide by all laws, regulations, and instructions applicable on the Use. In this respect, the User hereby understands and acknowledges that the provisions of such legislations -and these T&Cs- may be directly invoked against him by Laqtat, other Users, or an interested third party, (x) maintain the confidentiality of his account.
b) Subject to Section 6 of these T&Cs, the User acknowledges that Laqtat is the sole owner of all right, title, and interest in the Website and Laqtat reserves all rights not expressly granted under these T&Cs, or, where applicable under a License.
c) The User acknowledges that Laqtat provides the Site on an “as is” and “as available” and the User’s Use of the Website is at the own risk thereof. Laqtat provides no warranty whatsoever, whether express, implied, statutory or otherwise, and disclaims any and all warranties of any kind, whether express or implied, to each and any Content or feature available on or through the Website, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Laqtat makes no warranty that: (i) the Website will be accessible at all times without interpretation, (ii) the Website will meet User’s requirements and expectations; (iv) any errors or defects in the Website will be rectified, and (v) that the Website will be permitted in the User’s jurisdiction.
d) The User acknowledges and accepts that Laqtat may from time to time, send electronic messages to market or promote Laqtat, Laqtat’s partners, or third parties goods and services.
4. Laqtat’s Rights, Warranties and Limitations of Liability
a) Laqtat excludes all warranties and guarantees -whether express or implied- in connection with the Use.
b) Laqtat shall not have any liability or responsibility to any User for any loss, and/or damage sustained form any Use, including without limitation consequential loss, loss of business or profits, loss of anticipated savings, loss of business opportunity, loss of data, or loss of goodwill or any other loss.
c) Laqtat shall have the right to amend and/or replace these T&Cs from time to time, such amendments and/or replacements shall be effective upon publication on the Website. The version to apply to any particular access or Use is the one in effect at the time such access or Use is made.
d) At its sole discretion, Laqtat may: (i) change any part of the Website and/or the Content and/or the services available through it at any time (ii) make declarations/ circulars as to the changes that Laqtat deems substantial, (iii) delete any content and/or suspend any account without the need to show causes.
e) Laqtat shall protect your personal information and privacy and shall in all respects abide by the Applicable Law, these T&Cs, and the Privacy Policy of Laqtat which is incorporated with these T&Cs by reference and is available through the following link: https://laqtat.com/privacy.
f) Laqtat may, by itself or through a third party authorized thereby, collect information related to the User or the Use.
g) Though Laqtat shall exert every reasonable effort, it does not claim that the Website will be accessible and in running order at all times, therefore it shall not take any responsibility in case the User is not able to access the Website or avail from any service or Content. Laqtat further does not claim that any Use shall not be interrupted or be error-free.
h) Laqtat may not take any responsibility for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which the Content is used by the User.
5. Indemnity
a) The User shall indemnify Laqtat, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, contributors, submitters and independent contractors against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), which may be instituted against Laqtat, arising out of a Use or breach of these T&Cs by the User or the negligence of the same.
b) Without restricting the generality of the preceding paragraph (a), the User ensures and guarantees to Laqtat that it accepts to take full responsibility for all the acts and omissions conducted via its account and /or done by any of its subordinates on joint and several basis.
6. Terms & Conditions Specific to Contributors
a) This Section (Terms & Conditions Specific to Contributors) apply to Contributors (as this term is defined below) in addition to the T&Cs. In case of contradiction between any term of the T&Cs and this Section, this Section shall prevail.
b) The term “Contributor” shall mean a User who opens at the Website the specific type of account that allows the same to present the Content thereof for licensing by Laqtat Users, and the Term “Contributor’s Content” shall be construed accordingly.
c) The Contributor warrants and represents the following: (i) the same is in possession of all the rights to submit User’s Content to the Website and grant a license thereof in terms equivalent to those of the License including without limitation the right to sub-license; (ii) User’s Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; (iii) User’s Content is in line with public order and good morals as those parameters are determined by reference to Applicable Law; and (iv) User’s Content complies with these T&Cs and the Applicable Law.
d) The Contributor grants Laqtat the right to sub-license Contributor’s Content to other Users on behalf of the Contributor. Laqtat shall collect the fees payable by other users and remit to the Contributor such percentage as provided for the Contributor upon opening the Contributor account. The Contributors approves that Laqtat shall offer Contributor’s content for licensing under the same terms as those provided in a License.
e) The Contributor further acknowledges that any Contributor’s content may be subject to verification by Laqtat before the same is published on the Website, Laqtat reserves the right to abstain from publishing any Contributor’s Content at its own discretion without the need to provide justifications or bear any liability, in all cases Laqtat never bears editorial liability for such Contributor’s Content.
f) The Contributor shall refrain from submitting any content that (i) Contains any pornographic, defamatory, or otherwise unlawful or immoral content, judged from the perspective of the Applicable Law, (ii) exploits minors, (iii) Depicts unlawful or violent acts, (iv) Depicts animal cruelty or violence towards animals (v)Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; (vi) glorifies violence or terrorism, or (vii) violates the Applicable Law.
g) User may not incorporate a Content that belongs to Laqtat in any content to be submitted to the Website, not even in the form of a derivative work.
h) In no way shall Laqtat be held liable for Contributor’s Content.
i) Laqtat disclaims any warranty, whether explicit or implied, as to whether or not Contributor’s Content will be available through or will be stored on the Website.
j) Laqtat may not be held liable for the infringement of the rights that pertain to the Contributor’s Content by third parties even if the same is made available through the Website, Laqtat is under no responsibility to protect such Content against infringement.
k) To the fullest extent, the Contributor shall indemnify and hold Laqtat harmless from and against any claim, damage, and/or loss that Laqtat may sustain as a result of the Contributors Content, including without limitation where such Contributor’s Content infringes upon the copyright or other intellectual property rights of third parties. This shall also include court, arbitrators, and lawyers fees.
7. Notices
a) Without prejudice to Section 4.c above, any notice or other communication in connection with these T&Cs by Laqtat to a User shall be via email to the email address provided by the User upon signing up or via the communication tool offered by the Website. Any notice shall be deemed to have been received by the User once it has been sent to the mentioned email address or served via the communication tool.
b) Correspondences made to Laqtat shall not have any effect unless sent to the following email address [email protected], and provided that a confirmation of receipt is sent to the sender.
8. Governing Law and Arbitration
a) These T&Cs shall be governed by the laws of the Hashemite Kingdom of Jordan. Any dispute, claim and/ or controversy arising out of or in relation to these T&Cs shall be referred for final settlement to arbitration in accordance with the Arbitration Law of Jordan by a single arbitrator.
b) Notwithstanding the aforementioned, following claims shall not referred to arbitration and may only be brought before the competent court located in Amman, Jordan: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (ii) any claim seeking an injunction or a temporary, accelerated or precautionary measure.
c) The User agrees that claims may only be brought in individual capacity and not in any purported class or representative action. No arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
d) This Section (8) shall survive termination of this T&Cs and/or a License.
If the User believes that a particular Content is in breach of any law, public order, or good morals, the same may bring this to the attention of Laqtat via email to the following address [email protected], and Laqtat shall take the proper action as it deems appropriate.
10. Miscellaneous Provisions
a) Any response, feedback, or any kind of communication the User receives from Laqtat, is only for the purpose of explaining the T&Cs, the License, or the matter in question and is not legal advice nor does it infer to give any representation and/or warranty on behalf of Laqtat.
b) If Use is made by a person on behalf of an employer or other entity, then the term User as defined above shall refer both to the actual User as well as to such employer or entity; in which case the User represents and affirms that the same has the capacity to represent and bind such person or entity, and will otherwise be personally liable towards Laqtat for the obligations herein.
c) While Laqtat shall make commercially reasonable efforts to ensure the accuracy of keywords, captions, titles, metadata, classification, descriptions, and other forms of identifiers, no warranty or representation is made as to such identifiers, nor shall Laqtat bear any responsibility in regard to such identifiers.
d) Refunds and returns: Laqtat does not make refunds nor makes returns; fees payable under the License or otherwise to Laqtat are non-refundable even if you opt to terminate the Agreement or any subscription or the same is terminated for any reason. Where the Law requires such refund to be made, such refund will be effected through the same gateway used for payment in the first place, and will be processed within 10 to 45 days depending on the issuing bank of the used credit card.
e) Renewals: If You have an Annual Subscription, such subscription is renewable successively to equal terms after the lapse of the first subscription term or any renewal thereof, and this entails Laqtat the right to charge the fee applicable to the subscription as it stands at the time of renewal. Such automatic renewal may be suspended through following the account- setting instructions as provided in the Website. a day is defined as the twenty-four (24) hour period beginning at the time the subscription is made. A month is defined as a calendar month beginning on and including the date of subscription and ending on the same date in the following month.
f) Cancellation: You may opt to cancel the Annual Subscription by serving to Laqtat a notice fifteen days in advance of the date on which the next monthly payment becomes due, by email provided for this purpose under the following address: [email protected], in which case Your Annual Subscription will terminate starting from the month following the month on which the cancellation notice is received. Non-payment of the monthly subscription fee as it becomes due will result in immediate cancellation of your subscription without the need to serve any notice or take any further action.
g) Delivery: Delivery of any Licensed Digital Content will be deemed to have been done at the time You get the download link of such digital content, i.e. when the same appears in the dashboard of your account.
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