Mualiko Terms and Conditions

Agreement

By clicking on the "Sign in" button or accessing and/or using the mualiko.com web site or any web or mobile applications under mualiko.com, you agree that you have read, understand and accept all of the terms and conditions below for all use of the services.

Third party agreements

• MUALIKO is protected by reCAPTCHA and Google Privacy Policy and Term of services apply.

If you do not agree to these terms and conditions you may not use the mualiko.com website or associated applications. Any use past the registration or sign up page shall automatically bind the user to this agreement. If you do not agree to the terms and conditions OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, you SHOULD CLOSE THE BROWSER WINDOW, TERMINATING THE REGISTRATION PROCESS WILLFULLY, AND AGREE TO STOP ALL USE OF THE SERVICE.

These terms and conditions are a binding and enforceable service agreement against all persons that access any part of the PROPERTIES.

Interpretations and Definitions

PROPERTIES - encompasses both the website located at mualiko.com and any webpage, software application, mobile application, web application, element or part thereof, as owned and operated by MUALIKO.

MUALIKO - its subsidiaries, owners and shareholders including the mualiko.com PROPERTIES.

User - refers to any person or entity who enters or uses the PROPERTIES, not withstanding the fact that such person only visits the home page of the mualiko.com website. Hyperlinks herein should be deemed to be part of these terms and conditions.

Services - The Service consists of a browser interface, application, data transmission, data-access and data storage.

MUALIKO makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service. MUALIKO reserves the right to change or terminate the service and/or alter the terms and conditions of this Agreement at any time with 14 days notice.

MUALIKO shall be deemed available as long as all the cloud services it depends on are available. MUALIKO does not guarantee availability on behalf of these third party cloud services.

MUALIKO makes no guarantees on the availability and functioning of third party systems, including cloud service provides, authentication provides, mobile network operators,aggregators, banks and other’ systems. MUALIKO provides utilizes world class cloud services that have hinger availability and trusted world wide but still can not guarantee that the providers will always provide their service to MUALIKO.

Eligibility

You must be at least 18 years old to be eligible to use any of MUALIKO services. If you are at least 15 years old but younger then 18, you may use the MUALIKO services if you have your parents' or guardians' prior permission. No one under age 15 may use the MUALIKO services under any circumstances. By clicking the "Sign in" button you are representing that you are at least 18, or that you are at least 15 years old and have your parents' permission to register for the services.

Use of Site

MUALIKO licenses the User to view, download, save and print the content of the PROPERTIES, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view, download, save and print this agreement for legal and/or evidential purposes. Content from the PROPERTIES may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of MUALIKO.

If any User uses content from the PROPERTIES in breach of any part of the Terms and Agreements, the following rights are given.

1. MUALIKO reserves the right to claim damages from the User;
2. MUALIKO reserves the right to institute criminal proceedings against the User; and
3. MUALIKO shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

No person may use or attempt to use any technology or applications (including web crawlers, injection, robots or web spiders) to search, collect or copy content from the PROPERTIES for any purpose whatsoever, without the prior written consent of MUALIKO.

Telephone numbers, names and and any other data published on the PROPERTIES may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the PROPERTIES may be used to communicate unsolicited communications to MUALIKO.

User Account and Password

In order to open an account with MUALIKO, the user must complete the registration process by providing MUALIKO with current, complete and accurate information as prompted by the registration page. Inaccurate, false or misleading details will result in suspension. The User will also provide a mobile number and issued a One time password. The User is entirely responsible for maintaining confidentiality with regard to its One time password and any account information. The User is responsible for all activity, which occurs in their account. MUALIKO will not be held liable for actions taken with respect to services offered and/or any third party claims.

The User agrees to notify MUALIKO immediately of any breach of security, or any unauthorized use of its account.

Security

MUALIKO shall take all reasonable steps to secure the content of the PROPERTIES and the information provided by and collected from Users from unauthorized access and/or disclosure. However, MUALIKO does not make any warranties or representations that content shall be 100% safe or secure.

Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, cross site scripts, injection, such as computer viruses, robots or spyware, to the PROPERTIES or the server and computer network that support the PROPERTIES.

Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the PROPERTIES, whether on purpose or negligently, shall, without any limitation, indemnify and hold MUALIKO harmless against any and all liabilities, damages, risks and losses that MUALIKO and its partners/affiliates may suffer as a result of such delivery, attempt or damaging code.

Users may not develop, distribute or use any device or program designed to breach or overcome the security measures of the restricted pages, products and services on the PROPERTIES and MUALIKO reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.

User Privacy

MUALIKO will not edit, monitor or disclose any personal information about the User or their account which includes its contents, without the User's prior permission unless such action is necessary to: (1) conform to legal requirements or comply with legal orders, (2) defend and protect the property or rights of MUALIKO, (3) enforce this Service Agreement or protect MUALIKO business or reputation, (4) respond to request for identification in connection with claim of trademark or copyright infringement by the User, (5) or a claim by a third party that a User is using the service in any prohibited manner.

The User agrees that MUALIKO may access its account, including its contents for reasons above and to attend to technical issues and/or servicing.

The user grants MUALIKO the right to send communication via e-mail and/or sms message regarding company notices, updates, upgrades or information MUALIKO deems important for its users to be notified about regarding the MUALIKO service.

Advertising Guidelines for Users

This section regulates the manner in which the User may advertise/promote any of their products, events and/or services via sms messages or other mediums through the MUALIKO PROPERTIES.

If the User advertises/promotes their products, event and/or services in a manner that violated the specified rule set out below, MUALIKO will be entitled to suspend and/or terminate a service and/or this agreement.

In regards to advertising/promoting products and/or services the user agrees to not (1) use the service in connection with junk, phishing, spam SMS messages (spamming or any unsolicited messages), (2) create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message (3) display, provide, promote, sell or offer to sell products, content and/or service that is unlawful in the location at which the content is posted or received, material that exploits children, or otherwise exploits children under 18 years of age, pornography or illicitly pornographic sexual products, escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, instructions on how to assemble or otherwise make bombs, grenades or other weapons.

The User is not allowed to use the MUALIKO logo, trademark, slogan or any other intellectual property belonging to MUALIKO in your advertising without the prior written consent of MUALIKO.

Events, Invitations, Transfers and Storage

MUALIKO assumes no responsibility/liability for the failure to store information regarding event data. MUALIKO reserves the right in the future, at its sole discretion, with prior notification to limit the amount of transfers that can be done per individual invitation. MUALIKO prides itself on the high reliability and near realtime response of its cloud providers services , yet there is sill 0.00001 probability of the services being un available or act in an erroneous manner.

Member Conduct

Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the service. By way of example, and not as a limitation, the User agrees not to:

1. Use the Service in connection with junk SMS events invitations, spamming or any unsolicited invitations (commercial or otherwise).
2. Harvest or otherwise collect information about others, including phone numbers, without their consent;
3. Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the invitations;
4. Transmit material through the Service, associate with the Service or publishing with the Service unlawful, grossly offensive, libelous, defamatory, scandalous, threatening, harassing activity, blatant expressions of bigotry, prejudice, racism, hatred, excessive profanity, obscene, lewd, lascivious, filthy, excessively violent or otherwise objectionable content.
5. Transmit any material that may infringe the intellectual property rights of authors, artists, photographers or other rights of third parties, including trademark, copyright without the express written consent of the content owner.
6. Transmit any material that introduces viruses, Trojan horses, scripts, worms, time bombs; cancel bots, harmful code or deleterious programs on the Internet.
7. Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks.
8. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
9. Interfere with another user's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
10. Engage in any other activity that MUALIKO believes could subject it to criminal liability or civil penalty or judgment.
11. Display, provide, promote, sell or offer to sell the following products or content (or services related to the same): unlawful material/products in the location at which the content is posted or received, material that exploits children, or otherwise exploits children under 18 years of age, pornography or illicitly pornographic sexual products, escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, instructions on how to assemble or otherwise make bombs, grenades or other weapons.
12. Post or disclose any personally identifying information or private information about children without their consent (or their parents consent in case of a minor).
13. Post any content that advocates promotes or otherwise encourages violence against any government, organization, group or individual.
14. Provide instruction, information or assistance in causing or carrying out violence or harm.

In addition, MUALIKO reserves the right to prohibit the use of MUALIKO by any company or site in its sole discretion.

Fees

{" "} MUALIKO reserves the right to change their pricing structure without notification to the User of such adjustments in writing, prior to such adjustments.

Termination, Cancellation or Suspension by MUALIKO

MUALIKO may terminate all or portions of offered services, disable your account or put your account on inactive status. This may happen anytime with or without cause, and with or without notice. MUALIKO shall have no responsibility or liability to you or any third party because of such action or termination.

If your User account is inactive for over 6 months, MUALIKO has sole discretion and right to permanently remove your account except is there is an active event. MUALIKO will not attempt to contact you prior to taking any permanent actions in regards to removal. The User is free to terminate or cancel this Agreement at any time, and for any reason. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to MUALIKO support.

In the event that MUALIKO receives complaints from recipients or third parties with respect to the use of the Service, MUALIKO additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.

Disclaimers

MUALIKO PROVIDES THE SERVICES " AS IS " WITH NO WARRANTIES OF ANY KIND. MUALIKO EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL RESPONSIBILITY FOR OUR USERS, GROUPS AND CHANNELS, AND THEIR POSTINGS, THEIR ACTS AND OMISSIONS.

Limitations of Liability

UNDER NO CIRCUMSTANCES WILL MUALIKO OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT MUALIKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Additional Limitations

Without limiting the generality of the terms set forth, MUALIKO and its affiliates, agents, content providers, service providers, and licensors:

1. HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF MUALIKO GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF MUALIKO GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

2. SHALL IN NO EVENT BE LIABLE TO The USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY OR IN ANY ASPECT.

Indemnification

The User agrees to indemnify, defend and hold harmless MUALIKO and its employees, affiliates, officers, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (1) the use of the Service in any manner which violates the terms of this Service Agreement 2) any violation or failure by you to comply with all laws and regulations in connection with the Services (4) any content that you or anyone using your account may submit, post or transmit to the web site (3) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. MUALIKO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.

Modifications to Terms and Conditions

MUALIKO frequently updates, modifies, and otherwise continually seeks to improve the MUALIKO services. MUALIKO shall have the right to change, modify and/or update the terms of this Agreement and to change or discontinue any aspect or feature of the MUALIKO service, in either case, as it deems reasonably necessary. The amended Terms and Conditions shall automatically be effective five days after they are initially posted on the web site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services.