Terms of Service
Welcome to Fawter !
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY
These Terms of Service (the “TOS”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Digime (“we,” “us”, “our”, “Fawter” or “ihjoz”) concerning your access to and use of the Fawter platform and services (a) online through various Digime properties including without limitation, fawter.com, ihjoz.com, ihjoz.ae, and custom white branded websites ("Site(s)"); (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services, other forms of media, media channels; and (c) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). (a), (b), and (c) are collectively referred to as "Digime Properties" or our "Service(s)".
You agree that by accessing Digime Properties, you have read, understood, and agree to be bound by all of these TOS. If you do not agree with all of these TOS, then you are expressly prohibited from using the Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOS at any time and for any reason. We will alert you about any changes by updating these TOS, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these TOS to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOS by your continued use of the Services after the date such revised TOS are posted. The information provided on the Site(s) is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site(s) from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register to the Service(s). All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these TOS prior to you using the Services.
1. About Digime
Digime properties are owned and managed by Digime FZ LLC, an Abu Dhabi company with a place of business at TwoFour54 campus, Blue Building, Salam Street, Eastern Ring Road, Abu Dhabi, United Arab Emirates, POBOX 77835.
When these TOS use the term “Company”, “Fawter”, “ihjoz” “DigiMe”, “We”, “Us” or “Our” that refers to Digime FZ LLC, and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees. Affiliates include without limitation, Digime S.A.L., as these entities are referenced below. The contracting entity on the other side of these Terms is as follows:
• If you are a Merchant located in Lebanon, you are contracting with Digime S.A.L., a Lebanon company with a place of business at 2100, Youssef el Rami Street, Horch Tabet, Beirut, Lebanon.
• If you are a Merchant located in any other jurisdiction, you are contracting with DigiMe FZ-LLC, an Abu Dhabi company with a place of business at TwoFour54 campus, Blue Building, Salam Street, Eastern Ring Road, Abu Dhabi, United Arab Emirates, POBOX 77835
2. What is Fawter
Fawter is a digital invoicing platform enabling merchants to issue and send invoices to customers for settlement.
Fawter provides a complete solution to manage invoices and their collection.
3.Merchants & Customers
When these TOS use the term “Merchant”, we mean users of the Services who create and send invoices to their “Customers” using our Services (a) to consume information about, or pay invoices from Merchants, or (b) for any other reason. Merchants, Customers and third parties using our Services are all referred to in these Terms collectively as "Users", "you" or "your".
If you are a Merchant, Fawter’s Merchant Agreement and Merchant Refund Policy Requirements are also applicable to you.
If you are a third party interacting with our Services not as a Merchant or a Customer, the API TOS or Trademark and Copyright Policy might be applicable to you. Please be on the lookout for additional terms and conditions displayed with certain Services that you may use from time to time as those will also be applicable to you.
4. Fawter’s Services and Role
Fawter’s Services provide simple and quick means for Merchants to create invoices, send invoices to customers and collect payment for invoices via available methods of payment, and other webpages related to their merchant profile, invoices, promote those pages to visitors or browsers on the Services or elsewhere online, manage online, offline or onsite invoices and registrations, solicit donations, and sell or reserve goods, services, merchandise, facilities or accommodations or other items related to those invoices to Customers or other Users.
Descriptions of other and more specific services can generally be found on the Site(s) of each of the Digime Properties.
Fawter is not the creator, merchant or owner of the goods, services and any items listed on the invoices issued via the Services. Rather, Fawter provides its Services, which allow Merchants to manage their invoicing and payment needs. The Merchant is solely responsible for ensuring that any page displaying an invoice on the Services (and the invoice itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the invoice page are delivered as described and in an accurate satisfactory manner. The Merchant selects the payment processing method for its invoices as more fully described in the Merchant Agreement. If the Merchant selects a payment processing method that uses a third party to process the payment, or, if the Merchant collects payments directly from the Customer, then neither Fawter nor any of its payment processing partners processes the transaction but we transmit the Customer’s payment details to the Merchant’s designated payment provider. If a Merchant enables Fawter’s Payment Processing Partners (as defined in the Merchant Agreement), the Merchant appoints Fawter as its limited agent solely for the purpose of using our third party payment service providers to collect payments made by Customers on behalf of the Merchant on the Services and passing such payments to the Merchant.
5. Privacy and Personal Information
5.2 If you are a Merchant, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) customers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) customers.
6.1 These TOS apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Fawter decides it's best to part ways as described in Sections 6.2 or 6.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 6.4, certain provisions will always remain applicable to both you and Fawter.
6.2 Fawter may terminate your right to use the Services at any time (a) if you violate or breach these TOS; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Fawter; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Fawter to legal liability. Fawter may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Fawter’s sole discretion, failure to do so would materially prejudice you. You agree that Fawter will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
6.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Fawter, you may terminate your access to the Services and the general applicability of TOS by deleting your account. If you are a Customer using the Services without a registered account, your only option for these TOS to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these TOS remain in effect. If there is a separate agreement between you and Fawter governing your use of the Services and that agreement terminates or expires, these TOS (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
6.4 All provisions of these TOS that by their nature should survive termination of these TOS will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
7. Release and Indemnification
This is where you agree to cover Fawter if you use the Service in a way that causes Fawter to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
7.1 Release. You hereby agree to release Fawter from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any invoice created on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
7.2 Indemnification. You agree to defend, indemnify and hold Fawter and each of its and their respective owners, officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these TOS (including any terms or agreements or policies incorporated into these TOS); (b) your use of the Services in violation of these TOS or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Fawter’s collection of any amount and remission of taxes; and (e) if you are an Merchant, your invoices (including where Fawter has provided Services with respect to those invoices), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Fawter’s gross negligence or willful misconduct. Fawter will provide notice to you of any such Claim, provided that the failure or delay by Fawter in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Fawter may choose to handle the Claim ourselves, in which case you agree to cooperate with Fawter in any way we request.
8. Disclaimer of Warranties and Assumptions of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Fawter expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Fawter makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Fawter has no control over and does not guarantee the quality, safety, accuracy or legality of any invoice or Content (Refer to section 16) associated with an invoice, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Merchants in connection with invoices) or the ability of any User to perform or actually complete a transaction. Fawter has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Fawter requires to provide the Services, that a Merchant chooses to assist with an invoice, or that you choose to contract with when using the Services.
You understand and agree that some invoices may carry inherent risk, and by paying those invoices, you choose to assume those risks voluntarily. For example, some invoices may carry risk of non-performance, non-delivery, or may involve activities leading to bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to pay these invoices..
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
9. Limitation of Liability
9.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Fawter and any person or entity associated with Fawter’s provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Fawter has been advised of the possibility of such damages); or (b) Your Content (Refer to section 16). In addition, other than the obligation of Fawter to pay out Invoice Amounts net of additional fees in certain circumstances to certain Merchants under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of Fawter or Associated Parties is limited to the following:
9.1.1 for Merchants, and subject to the terms of the Merchant Agreement, the fees (net of Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
9.1.2 for Customers or other Users, the total amount of Fawter Fees charged in addition to the invoices you have paid through the Services giving rise to your claim.
9.2 Nothing in these TOS is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
10. License to the Fawter Services
10.1 License to Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to (a) browse the Services and search for, view, register or pay for invoices created by merchants on the Services; and/or (b) create invoices, Merchant profile and other webpages to promote, market, manage, track, and collect payments for an invoice. Your use of the Services must be in compliance with these TOS and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations.
10.2 Restrictions on Your License
Without limitations on other restrictions, limitations and prohibitions that we impose (in these TOS or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
10.3 Our Intellectual Property and Copyrights
You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Fawter may own the Site Content or portions of the Site Content may be made available to Fawter through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Fawter and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these TOS and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
The trademarks, service marks and logos of Fawter (the "Fawter Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Fawter. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Fawter Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Fawter specific for each such use. The Trademarks may not be used to disparage Fawter, any third party or Fawter’s or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Fawter approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Fawter Trademark will inure to Fawter’s benefit. Site Content may also be protected by copyrights owned by Fawter and/or third parties. Please note that if you copy portions of the Services you are violating these copyrights.
10.5 Use of Sub-domains
Fawter may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].fawter.com). All such sub-domains are the sole property of Fawter and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Fawter provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your invoices are actively handled on the Services and you are in compliance with the TOS, including without limitation, these TOS. If Fawter terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
11. Licenses and Permits Merchants Must Obtain
If you are a Merchant, without limiting the generality of any representations or warranties provided elsewhere in these TOS, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to issuing any invoice, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to goods, services and other items listed on the invoices provided by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure that the venues for each relevant invoiced item (ie: services, rentals …) hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that Fawter facilitate payments for invoices after you have obtained any specific Licensures, including, but not limited to, any state, county, municipal or other local authority's authorization of the sale of the good, service or other item, traffic engineering authorizations (if applicable), fire department inspection reports (if applicable), authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for Merchant to sell the goods, services and other items invoiced by you or your affiliates on the Services
(d) Without limiting the generality of any release provided under these TOS, as a material inducement to Fawter permitting you to access and use the Services, you hereby agree to release Fawter, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these TOS, you agree to defend, indemnify and hold Fawter, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to issuing invoices on the Site and promptly upon the reasonable request of Fawter from time to time.
12. Your Rights to Submit a Copyright Takedown Notice
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice by contacting us here.
13. Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
14. Fees and Refunds
14.1 Fawter Fees
We charge fees when an invoice is paid.
Merchants ultimately determine whether these fees will be “passed-on” to Customers and shown as additional "Fees" on the applicable invoice payment page or absorbed within the invoice total amount and paid by the Merchant from the invoice gross proceeds. The fees charged to Customers may include certain other charges, including without limitation, taxes, payment processing fees and other charges that may apply. In addition, certain fees are meant, on average, to defray certain costs incurred by Fawter, but may in some cases include an element of profit and in some cases include an element of loss. Fawter does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for paying invoices in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all transactions are between a Merchant and its respective Customers, Fawter asks that all Customers contact the applicable Merchant with any refund requests. You can find help with getting a refund here.
(a) If you are a Customer, you acknowledge that should you receive a refund for your invoice, you will discard any payment confirmation that we or any Merchant has delivered, and will not use it (or any copy of it) to attempt to obtain the goods, services or items listed on the invoice. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the invoice payment must always be followed. Fawter will not be held liable under any circumstances for any costs arisen from non-compliance by Merchants with applicable procedures that must be implemented by Merchants to check validity of invoice payments. Fawter will not be held liable under any circumstances for costs and/or damage associated with invoices arisen from situations with fraud and/or for damage associated with the payment of an invoice through non-official means, such as third parties.
(b) If you are a Merchant, you acknowledge that the applicable procedure to check the validity of the invoice payment must always be followed. Fawter will not be held liable under any circumstances for any costs arisen from non-compliance by Merchants with applicable procedures that must be implemented by Merchants to check validity of invoice payments. Fawter will not be held liable under any circumstances for costs and/or damage associated with invoices arisen from situations with fraud and/or for damage associated with the payment of the invoice through non-official means, such as third parties.
15. Your Fawter User Account
We may require you to create an account to access certain features or functions of the Services.
Your user account, merchant account, login and password, and related information will be valid across all Digime Properties including but not limited to fawter.com, ihjoz.com, ihjoz.ae, fawter.com and others.
You agree to follow certain rules when you create an account with Fawter or user the Services, including the following:
• You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
• You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
• If there is a dispute between two or more persons or entities as to account ownership, Fawter will be the sole arbiter of that dispute and Fawter’s decision (which may include termination or suspension of the account) will be final and binding on those parties.
• If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Fawter all permissions and licenses provided in these TOS.
• We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
• You agree to immediately notify Fawter of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
16. Your Content
Fawter does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Fawter a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Fawter’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Fawter does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these TOS will restrict any rights that you may have to use and exploit Your Content outside of the Services.
16.2 Your Representations About Your Content
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these TOS.
16.3 Additional Rules About Your Content
Your Content must be accurate and truthful. Fawter reserves the right to remove Your Content from the Services if Fawter believes in its sole discretion that it violates these TOS, or for any other reason. Fawter may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Fawter both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information 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) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the TOS, including without limitation, these TOS; and/or (d) protect the rights, property and/or personal safety of Fawter, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
17. Rules for Use of Email Services
17.1 Fawter may make available to you features and tools that allow you to contact or send automated emails to your Customers, other users of the Services, or third parties via email (the "Email Services"). If you use Email Services, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence;
(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;
(d) you will only use the Email Tools to advertise, promote and/or manage your products and services listed on the “Services”;
(e) your use of the Email Tools and the content of your emails complies these TOS;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with instructions to any Customer sent to you by Fawter requesting you modify such Customer’s email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email, and you will not send any emails to any recipient who has unsubscribed from your mailing list. Transactional emails sent via Fawter automatically include such unsubscribe links;
17.2 If you violate any of these Email Services rules or if your use of the Email Services results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Fawter may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Services.
Notices to you may be sent via email or regular mail to the address in Fawter’s records. The Services may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Fawter or deliver any notice, you can do so via the contact methods listed on our “contact us” page here.
We may, without your consent or approval, freely assign these TOS and our rights and obligations under these TOS whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
20. Entire Agreement
Except as otherwise set forth herein, these TOS constitute the entire agreement between you and Fawter and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Fawter on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Fawter.
21. Third Party Websites; Linked Accounts; Third Party Offers
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Fawter has no control over such websites and resources, you acknowledge and agree that Fawter is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Fawter partners or third party service providers. For example, if you opt for using payment facilities on Fawter from a third party, your contractual relationship is with the third party payment facility provider, not Fawter.
22. Additional Miscellaneous Provisions
Our failure to enforce any part of these TOS will not constitute a waiver of our right to later enforce that or any other part of these TOS. No oral waiver, amendment or modification of these TOS will be effective. If any provision of these TOS is found to be unenforceable, that part will be limited to the minimum extent necessary; the other provisions of these TOS remain in full force and effect. Section titles in these TOS are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these TOS. We may freely assign any of our rights and obligations under these TOS. We may translate these TOS into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.
23. Applicable Law and Jurisdiction
Access to and use of the Site as well as this agreement shall be governed by and construed in accordance with the laws of Lebanon in force at the time without regard to conflict of law provisions and all disputes arising in connection with these present TOS shall be finally settled before the Lebanese competent courts.
24. Contact us First
If you have a question or concern about the Services, please contact us first. Our customer support team is available to address and resolve your enquiry. Contact information is available here.
25. Modifications to the Terms of Service
Fawter reserves the right to modify these TOS from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the "Updated" date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutesa your acceptance of those Modifications and the updated TOS. In certain circumstances, Fawter may seek a Modification to these TOS that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Fawter. Fawter is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Fawter reserves the right to modify, replace or discontinue any part of the Services or the entire Service.