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  1. Scope of Terms of Service
    1. The following terms and conditions of service for Organizers govern all use by you )as an individual, entities whether private, governmental, semi-governmental  or charities that is responsible for the organization, promotion and delivery of any event, service, or offering of any kind offered for sale or free of charge (“Organizer”)(  of (a) Malga application  provided by Ezexpo whether accessed via personal computer, laptop, tablet, mobile phone or any other device capable of accessing the information available now or created in the future (“Application”) (b) any and all services available on or through the Application  or otherwise provided by Malga’s team for the Organizer’s event(s) and (c) all software ("Services").
    1. The Services are offered subject to the Organizer’s acceptance of all of the terms and conditions contained herein, without modification, and all other operating rules, policies and procedures that may be published from time to time on the Application by Malga’s team. By using or accessing any part of the Services, the Organizer hereby agrees to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Application by Malga’s team.  If the Organizer does not agree to any such terms, conditions, rules, polices or procedures, the Organizer must immediately cease use of the Services offered through the Application.  These Terms and Conditions of Service for Organizers (“TCSO”) may only be modified in writing signed by both an authorized signatory of the Organizer and an authorized officer of Malga.
  1. Modification of the TCSO:

Malga reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOSP at any time. It is the Organizer’s responsibility to check this TOSP periodically for changes. The Organizer’s continued use of the Services following the posting of any changes to this TOSP constitutes acceptance of those changes. If any change to this TOSP is not acceptable to you as an Organizer, then you should cease accessing, browsing and otherwise using the Services.

  1. Language.

These terms and conditions of service are provided in the Arabic Language.  We may translate this TOSP, Privacy Policy, Information Usage Policy or any other operating rules, policies and procedures that may be published from time to time on the Application into other languages for the convenience of users. The Arabic language version of each of these documents is the version that governs use of the Application and in the event of any conflict between the Arabic language version and a translated version, the Arabic language version will take precedence.

  1. Organizer’s use of the Application:

Malga hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting fees for tickets for an event that you have registered on the Application, in each case in compliance with this TOSP and to the extent permitted under all applicable laws and regulations (foreign and domestic) relating to the event. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly:

    1. modify, reproduce or otherwise create derivatives of any part of the Application or application content.

 

    1. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable laws);
    1. rent, lease, resell, distribute or use the Application for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting ticket fees through the Application as an Organizer in accordance with this TOSP);
    1. remove or alter any proprietary notices or labels on or in the Application or Application content;
    1. engage in any activity that interferes with or disrupts the Application.
  1. Your Obligations as an Organizer:
    1. To be a registered user of the Application as an Organizer you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Application registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Malga has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Malga reserves the right to suspend or terminate any or all of your accounts and refuse any and all of your current or future use of the Application (or any portion thereof).
    1. All Organizers must act responsibly and lawfully in the handling of personal information obtained through the Application.
  1. Account, Password and Security:

As part of the Application registration process, the Organizer will create a password and account.

As the Organizer you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify Malga of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 

Malga cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that  Malga shall be the sole arbiter of such dispute in its sole discretion and that Malga’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

  1. Application Content:
    1. You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively the “Content"), contained in or delivered via the Application or otherwise made available by Malga in connection with the Services (collectively the “Application Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Malga may own the Application Content or portions of the Application Content may be made available to Malga through arrangements with third parties.
    1. Events published on the Application, whether content is added by Malga or content is created by Organizers using the Application and services, are the responsibility of the Organizer of the event.  Malga holds no responsibility or liability for the content published on the Application or for the delivery of the events published. This Application is a platform for selling tickets for events. Responsibilities for producing, delivering and paying for the events rest solely with the Organizer. Furthermore, the Organizer is solely responsible for paying any taxes, duties or other government-levied fees on ticket sales for events organized by the Organizer.
    1. Except as expressly authorized by Malga in writing or in connection with your use of the intended functionality of the Application, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Application Content, or post any Application Content on any other website or in a networked computer environment for any purpose.
    1. Reproducing, copying or distributing any Application Content for any other purpose is strictly prohibited without the express prior written permission of Malga. 
    1. You shall use the Application Content only for purposes that are permitted by this TOSP and any applicable laws and regulations (foreign and domestic).

Any rights not expressly granted herein are reserved.

  1. Organizer Content:
    1. The primary purpose of Malga is to enable the introduction and connection between individuals, companies and organizations (Organizers) and Customers whether in a business-to-business or business-to consumer environment. Therefore, you acknowledge, consent and agree that any and all information submitted by you (initially and/or at any later time) may be stored on Malga’s database, and that certain information may be publicly presented on the Application for any reason Malga may see fit. 

 

    1. You acknowledge and agree that if you contribute, provide or make available any Content to the Application (your “Event Information”), you hereby guarantee that your content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and complies with all applicable laws and regulations (foreign and domestic). In addition, any event Information you provide must be accurate and truthful. Malga reserves the right to remove any of your event Information from the Application at any time if Malga believes, in its sole discretion, that the event Information does not comply with this TOSP. Furthermore you, as the Organizer, accept full liability for any damages, recompense or any other form of compensation payable to any user of the Application as a result of any inaccurate or misleading information about the you or about the event featured on the Application.
    1. you agree that Malga may use your name, company name and logo (whether or not you have made it available through the Application) for the purpose of identifying you as an existing or past client of Malga both on the Application and in marketing and promotional materials. If a person registers for/joins/attends your events via Malga, you agree to grant Malga full access and rights to use in perpetuity that person’s personal information includes First Name, Last Name, Company, Job Title, Email and Phone Number and all other added information they input when registering for your event.
  1. Content Restrictions:
    1. You understand that you are liable for all content, in whatever form, that you provide or otherwise make available to or through the Application, to all users of the Application. You agree not to use the Application to:
    1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    1. harm minors in any way; impersonate any person or entity, including, but not limited to any Malga representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Application;
    1. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    1. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
    1. upload, post, email, transmit or otherwise make available any content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
    1. interfere with or disrupt the Application, services, servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application;
    1. stalk or otherwise harass any person or entity.
    1. You acknowledge that Malga does not always pre-screen content provided or made available by you or any third party in connection with the services and event, but that Malga and its designees shall have the right (but not the obligation) in their sole discretion to:
  1. monitor, alter, edit, or remove any of your content, in whole or in part, and/or 
  2. (ii) rescind and terminate your right to use the Application and services at any time (with or without notice) for any reason or no reason.
    1. You acknowledge and agree that Malga may preserve your content and may also disclose your content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOSP; (c) respond to claims that any of your content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Malga, its users and/or the public. You understand that the technical processing and transmission of the Services, including your content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices
  1. Additional Services:

Malga has the right, upon request, and for such fees as Malga may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Application, including without limitation provisions of marketing services, leasing ticket scanning and other equipment, providing consultants and staff to assist you on the date of your event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Application and subject to all the terms and conditions of this TOSP. Such additional services shall be set forth in a written addendum agreement to this TOSP and/or other written agreement between you and an authorized officer of Malga and shall set forth the service fees and the other terms and conditions relating to such additional services. 

  1. Application Modifications and/or Suspensions

Malga reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Application (or any part thereof) for any reason or no reason with or without notice. Malga will not be responsible to you for a refund, in whole or part, of service fees for any reason, except those fees related to refunds issued to Customers. You agree that Malga shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.

  1. Termination:
    1. Malga, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Application, and remove and discard any and all of your content within the Application, at any time for any reason or no reason, including, without limitation, for lack of use, failure to pay in a timely manner any fees or other monies due to Malga, or if Malga believes that you have violated or acted inconsistently with the letter or spirit of this TOSP.
    1. You agree that any termination of your right to use the Application may be effected without prior notice, and acknowledge and agree that Malga may immediately deactivate or delete your account and all related content and files related to your account and/or bar any further access to such files or the services. Furthermore, you agree that Malga shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Application. 
    1. All provisions of this TOSP that by their nature should survive termination of your right to use the Application shall survive including, without limitation, all liabilities on the part of you as the Organizer to Malga, all limitations on liability of Malga to you as the Organizer, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses.
  1. Privacy and Information Usage   Policies:

All information provided by the Organizer or collected by Malga in connection with the is governed by Malga’s privacy policy. Malga strongly recommends that the Organizer reviews the privacy policy closely. In particular, the Organizer should note that Malga may use information it receives or collects regarding Customers in accordance with the terms of its privacy policy, which may include use for marketing or promotion of other events or services that may be of interest to such Customers. Further, any information submitted or provided by the Organizer in respect of the services may be publicly accessible.  Organizer’s should take care to protect private information or information that is important to the Organizer.  Malga shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information via use of the Application, this information may become public.  Malga does not control and shall not be responsible for the acts of the Organizer or any other users (whether Customers, organizers, participants, other non-organizers or other third parties) of the Application.

  1. Payments:

After  Malga has confirmed that the event has been held,  Malga will pay the total sales to the Organizer after subtracting any applicable service fees from the ticket sales and any other applicable charges as agreed between the Organizer and  Malga such as staff costs, equipment, advance payments, government fees, taxes or  any other applicable amounts subject always to the Organizer’s and Malga’s agreeing sales figures.  Payment will only be made to the Organizer by Malga once all monies have been received by Malga from all sales sources, including but not limited to any third-party retail outlets and any third-party websites and affiliates.   Malga will only pay the Organizer, once sales figures having been ratified by any governmental body -if applicable-, payment will be made by bank transfer into a bank account specified by the Organizer. Fees incurred by Malga in the payment process, such as bank charges or currency conversion charges, will be the paid for by the Organizer. If the Organizer fails to send bank account information for payouts to Malga, payouts will not occur until the required information is submitted to Malga.  Malga will make all reasonable endeavors to pay the Organizer within -- working days after the event or after the above conditions relating to receipt of payments from third parties or ratification of sales by government bodies has been made, whichever date is the latest.

General Terms and Conditions

The failure on the part of either the Organizer or Malga to exercise or enforce any right conferred upon it by this  TOSP shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement of any such right at any time or times thereafter.

 

This  TOSP constitutes the entire understanding and agreement of the  Organizer and Malga relating to the subject matter of this  TOSP 

 

No amendments or variation to this TOSP shall be effective unless made in writing and signed by the Organizer and Malga or its/his duly authorized representatives.

 

If any dispute arises out of this TOSP if  the Organizer and Malga are unable to settle any dispute arising out of this  TOSP within ((30 thirty days of such notification of a dispute to the authorized signatories of  the Organizer and Malga, such dispute, arising out of or in connection with this  TOSP , including a dispute as to the validity or existence of this  TOSP, shall be resolved by  judicial authorities in the city of Riyadh.

 

This TOSP, save as expressly referred to therein, shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia

In the event of force majeure where Malga is not able to deliver service t it will not be held liable for any losses or costs involved as a result of such circumstances.

 

Malga will not be held liable for any losses or claims arising from Customers and parties attending the Organizer’s event. 

 

The Malga name and logo are the intellectual property of Malga and may only be used by the Organizer with the express written permission of Malga.

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