Effective Date: 04.09.2024
Welcome to MAKAN! These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and MAKAN, governing your access to and use of the MAKAN website and services, including any subdomains and services provided on usemakan.com (“Platform”), as well as any related services provided by MAKAN (“Services”).
By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
1. Key Definitions
- “MAKAN,” “we,” “us,” or “our”: Refers to the MAKAN entity providing the Services, based in the Middle East and Africa.
- “Platform”: Refers to the MAKAN website (usemakan.com) and all related subdomains or services.
- “Hosts”: Individuals or businesses who offer their spaces for rent on the Platform.
- “Guests”: Individuals or businesses who book or rent spaces through the Platform.
- “Listing”: A space that a Host makes available for rent on the Platform.
- “Booking”: The agreement between a Guest and a Host to use a space under terms provided by the Host.
2. Scope of MAKAN Services
MAKAN provides a marketplace that enables Hosts to list available spaces for rent (such as homes, villas, commercial spaces, and other venues) and Guests to book those spaces for various purposes, including events, photoshoots, and meetings. MAKAN is not a party to any contracts between Hosts and Guests but facilitates communication and booking arrangements.
We do not own, operate, or manage any properties listed on the Platform and are not responsible for any interactions between Hosts and Guests, except as provided in the Dispute Resolution section.
3. Modification of These Terms
MAKAN reserves the right to modify these Terms at any time. If we make changes, we will post the revised Terms on the Platform with an updated “Effective Date” and notify you via email or through the Platform. Your continued use of the Platform after such updates constitutes your acceptance of the modified Terms.
4. Eligibility to Use the Platform
- You must be at least 21 years old to access and use the Platform and Services.
- By using the Platform, you represent and warrant that you have the legal capacity to enter into binding agreements, and you agree to comply with all applicable laws and regulations in your jurisdiction, including the local laws of the UAE, Saudi Arabia and South Africa. The MAKAN service is not available to use in countries where there are no listings available for rent. If a listing is available in your country, you represent and warrant that you have the legal capacity to enter into binding agreements, and you agree to comply with all applicable laws and regulations in your jurisdiction
5. Account Registration
To access certain features of the Platform, such as creating a Listing or making a Booking, you must create an account. When registering, you agree to:
- Provide accurate, current, and complete information.
- Keep your account information updated.
- Maintain the confidentiality of your login credentials.
- Immediately notify MAKAN of any unauthorized use of your account.
You are responsible for all activities under your account, and MAKAN reserves the right to terminate or suspend your account if any information provided is inaccurate or violates these Terms.
6. Host Obligations
- Creating a Listing: Hosts must provide accurate and complete information about the space they list, including details about pricing, availability, and any relevant rules or restrictions.
- Compliance with Laws: Hosts must ensure that their Listing complies with all applicable local, regional, and national laws in their jurisdiction, including zoning, health and safety regulations, and tax obligations.
- Insurance: MAKAN recommends that Hosts carry appropriate insurance for their space and any activities conducted therein. MAKAN is not obliged to offer insurance services and does not guarantee coverage for any issues that may arise during the Booking, even if insurance is added to booking as an additional service.
7. Guest Obligations
- Booking: Guests are responsible for understanding and agreeing to the terms and conditions provided by the Host in the Listing. Guests must ensure that their use of the space complies with all applicable local laws and any rules provided by the Host.
- Damage: Guests agree to leave the space in the condition it was provided. Guests are responsible for any damages they cause to the property and may be required to pay additional fees as determined by the Host.
8. Fees, Pricing, and Payment Terms
- Service Fees: MAKAN may charge service fees for the use of its Platform, which will be displayed to Hosts and Guests at the time of Listing or Booking. These fees are non-refundable unless otherwise stated in these Terms.
- Host Pricing: Hosts are responsible for setting the price of their space, and Guests agree to pay the amount specified at the time of Booking. MAKAN may provide recommendations on pricing but is not responsible for any disputes arising from pricing.
- Payment Processing: All payments are processed through third-party payment providers. By using the Platform, you agree to comply with the terms of service of our payment processors.
- Taxes: Hosts are responsible for determining and paying any applicable taxes (e.g., VAT, local occupancy taxes) related to the rental of their space. MAKAN may provide tools to assist Hosts in calculating applicable taxes, but Hosts remain solely responsible for complying with all tax obligations.
9. Booking Modifications, Cancellations, and Refunds
- Guest Cancellations: Guests may cancel a Booking in accordance with the cancellation policy set by the Host in the Listing. Depending on the policy, a Guest may be entitled to a full or partial refund.
- Host Cancellations: Hosts may cancel a Booking only in exceptional circumstances. Frequent cancellations by Hosts may result in penalties, suspension, or termination of the Host’s account.
- Force Majeure: Neither Hosts nor Guests will be held responsible for cancellations or delays caused by circumstances beyond their control, such as natural disasters, pandemics, or political instability.
10. Damage to Property
Guests are responsible for any damages they cause to the Host’s property during a Booking. Hosts may submit a claim for damages, and MAKAN will facilitate communication between the parties. However, MAKAN is not responsible for assessing or resolving damage claims.
11. User Conduct and Prohibited Activities
When using the Platform, you agree to:
- Abide by all applicable laws, regulations, and third-party rights.
- Refrain from using the Platform for any illegal, harmful, or deceptive purposes.
- Refrain from engaging in discriminatory, harassing, or abusive behaviour.
Prohibited activities include:
- Misrepresenting your identity, space, or qualifications.
- Using the Platform to facilitate illegal activities or violating local laws in the Middle East and Africa.
- Posting harmful, false, or misleading content.
12. Intellectual Property Rights
- MAKAN Content: The Platform, including all content, software, and materials, is owned by or licensed to MAKAN and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any content from the Platform without written permission from MAKAN.
- User Content: By posting or uploading content to the Platform, such as photos or descriptions of your space, you grant MAKAN a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content on the Platform.
13. Dispute Resolution
- Host-Guest Disputes: Hosts and Guests are encouraged to resolve any disputes directly through communication. MAKAN may offer assistance but does not guarantee resolution.
- Mediation: For disputes arising in the Middle East and Africa, both parties agree to first attempt to resolve disputes through mediation before pursuing legal remedies.
- Jurisdiction: These Terms are governed by the laws of the UAE. Any legal disputes will be handled in the courts of DIFC.
14. Limitation of Liability
To the maximum extent permitted by law, MAKAN is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Platform or Services, including, but not limited to, loss of profits, data, or goodwill.
15. Indemnification
You agree to indemnify and hold MAKAN harmless from any claims, damages, liabilities, and expenses (including legal fees) arising out of your use of the Platform or violation of these Terms.
16. Termination and Suspension
MAKAN reserves the right to terminate or suspend your access to the Platform at any time, for any reason, with or without notice. Upon termination, your obligations under these Terms remain in effect, including any payment obligations.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of the UAE. You agree that any dispute arising out of or relating to these Terms will be submitted to the exclusive jurisdiction of the courts of Dubai, UAE.
18. Contact Us
If you have any questions or concerns regarding these Terms or the Platform, you can contact us at:
MAKAN
Website: usemakan.com
Email: info@usemakan.com