These Terms and Conditions were last updated: 8/6/2022
These Terms and Conditions are effective as of: 5/1/2022
Welcome to the butterfly social membership platform. Please read these terms ("Terms") carefully, as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
Butterfly social is an online technology platform that enables users of www.butterflysocial.com or mobile application (“Platform”) to view, select, book, or reserve experiences (“Services”) where such (“Services”) are supplied or performed by third party supplier.
The platform can be accessed publicly on a mobile or tablet, laptop, computer, or smart devices. The app can be downloaded or accessed on a mobile or tablet only by those who have purchased a membership subscription. Certain services provided are accessible through the app or directly through call center WhatsApp or email.
The Platform showcases certain services available upon purchase of a membership subscription viewing. The Products and certain services are manufactured/provided by third parties. We do not guarantee the quantity, availability, or quality of the products or services recommended in any manner except for the description provided.
The term “you” “your” (or a similar reference) refers to you as the user of the Platform and the term “us” “our” “we” refers to the owner of the Platform being Butterfly Social Technologies Ltd (domiciled in the United Arab Emirates) and its affiliates, subsidiaries, and related entities. It is important to note these Terms shall be deemed to apply to anyone viewing this Platform and not only those that have registered with us or who hold membership subscriptions.
By using or viewing the Platform, you consent (without any limitation or qualification) to the Terms regardless of whether you have registered on the Platform or not. Please DO NOT USE the Platform if you do not agree to the Terms.
The Platform does not deal with nor wishes to deal with, any individual, user or entity that has international sanctions (whether trade, military, economic or otherwise) against them by an international, national, or regulatory authority. If you are one of such sanctioned individuals or entities, belong to a sanctioned country or entity or region, or regularly deal with sanctioned individuals or entities, please DO NOT use the Platform. The Platform and us, do not and will NOT deal or provide any products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the laws of United Arab Emirates.
‘Application’ on the Platform means and includes providing basic personal information such as name, mobile number and email, name of a referee (if applicable) to us for the purposes of completing the necessary application checks for membership acceptance leading to the purchase of a membership subscription (“Application”). Application is restricted to one user per Application and is not transferable to any third party, unless authorized otherwise by us. Upon completion of Application, you accept to receive emails from us for the receipt of information, advertisement, and details relevant to completing the onboarding process and subscription or to your use of the Platform. If you have any objection or reservation about receiving our communication, please email us at [email protected], however if you opt out of receiving emails, this may interfere with information relating to information of any services.
We retain complete rights at any time and without reason, advance notice, limitation, or liability, to terminate or restrict your access to the Platform or not accept or decline Application of a user account or to not accept or decline any requests for membership whatsoever.
Your membership Account will be created for your use of the Platform based on the personal information you provide us in the Application.
Please note that you may not have more than one (1) active membership in your name at any given time. You undertake to provide accurate, correct and complete information in order to create your Application. ButterflySocial reserves the right to suspend or terminate your Membership and your access to the Platform if you complete more than one Application in your name or if any information provided in your Application is false, inaccurate, incomplete or in violation of these Terms or applicable law.
Account, apps, content, customer, policies, website, and ButterflySocial: means Butterfly Social Technologies Ltd holding a trade license number CL4835 and their respective agents, servants, officers, and employees.
NETWORK AND DEVICE ACCESS
You are responsible for obtaining the data network access necessary to use the Platform and you are responsible for all associated rates and charges. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform. ButterflySocial does not guarantee that the Platform will function on any particular network or device and the Platform may be subject to malfunctions and delays in the use of the internet and electronic communications.
USE OF THE SERVICES
The Platform affords the opportunity to use the Services. We do not make any guarantees with respect to services provided. You understand that we do not routinely screen users.
We, our affiliates, or licensors are not responsible for any conduct by you. You hereby release us, our affiliates or licensors from any liability related thereto. We, our affiliates, or licensors will not be liable for any claim, injury or damage arising with you resulting from your breach of these Terms in using our Services.
We reserve the right to amend these Terms at any time without notice and the Users’ continued use of the Website/App following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each Customer to review these Terms regularly while using the Website/App.
We may, from time to time, decide to change, update, or discontinue certain features of the Services. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by any applicable laws.
Some Content you see or otherwise access on or through the Website/App is used for commercial purposes. You agree and understand that we may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes.
In the event of any breach or violation of any terms hereunder, ButterflySocial reserves the right to pursue legal remedies available under the applicable laws and regulations.
YOUR REPRESENTATIONS AND WARRANTIES
When you use this Platform, you make the following representations and warranties to us:
1. You shall use the Platform for legitimate purposes like viewing the membership offering and variety of services made available through purchase of membership subscription.
2. You are an individual of 18 years and older, are legally allowed to view the Platform (if and as required) or are a properly and validly licensed entity in accordance with applicable laws;
3. You are aware the Platform can currently be globally accessed;
4. You have provided valid, true and accurate information at the time of Application;
6. The Platform will be used for your own personal use only in accordance with the Terms;
7. The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your user account;
8. In accessing the Platform you will not seek to interrupt, interfere or act in any manner whatsoever that may be contrary to the Terms or the laws of the United Arab Emirates;
9. You will not commercialize the Platform in any manner by attempting to benefit or profit from Products that are not yours or claiming ownership of or interest in the Platform (or any part of it);
10. As a User applying to purchase a membership subscription, it is your responsibility to ensure you are certain and understand all aspects of the membership prior to making any purchase. As a business you are responsible to ensure you are qualified and able to provide whatever is set out in the Services;
11. Downloads from the Platform are not permissible;
13. We do not make any guarantees or representations about the quality, timeliness, safety or delivery of anything relating to the Platform and you agree that we are relieved and indemnified from any issues or claims between you or other users on the Platform;
14. The accuracy of any membership subscription you purchase through the Platform after the Application process depends on you;
15. You have no reservation or objection as User to us promoting the Platform or the services by name and reference on digital, social, or print media; and
16. You shall not use the Platform to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent, or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane comments or material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law.
17. You shall not use the Platform for any purpose that is unlawful or is prohibited by these Terms or applicable laws.
18. You agree that you are responsible to know and fully be aware of the laws applicable to you and to this Platform.
If you choose to become a User on the Platform, you understand and agree that your relationship with us is limited to being a member only. You will not act or be a contractor, employee, agent, partner, joint venture partner or representative. As a User, you will act exclusively on your own behalf and will undertake the Services based on these Terms. You fully acknowledge, understand, and agree that we do not control how and when you make your purchases, your offline activities, or any other matter related to the Platform or services.
The laws of the United Arab Emirates prohibit any preference, limitation or discrimination based on race, color, religion, sex, ethnic origin, age, caste, doctrine, handicap, or other protected class. ButterflySocial will not knowingly accept any Posting which is in violation of the law. ButterflySocial has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
PURCHASE OF SUBSCRIPTION
Once any Application has been made through the Platform, acknowledgement will be sent electronically to your email address. If membership is granted, your subscription purchase has been made in accordance with these Terms. Subscriptions may only be cancelled in accordance with our Cancellation Policy. Please remember that all membership subscriptions are subject to acceptance.
There may be occasions that certain supplier are unable to fulfil requests or certain services are not available for reasons beyond supplier’s control and in such case, we will provide an alternative if applicable.
Unless otherwise notified, the “start of your membership” occurs after when you receive an email notifying you that your payment has been captured (as completed by you) and the private access code/codes are shared in our communication. Regardless of technical problems you may experience, which may result in you having not received that email in a timely manner or not having received it at all, in which case you are advised to contact us at [email protected].
We may not accept your offer of subscription purchase if (without limitation):
· We are unable to obtain authorization for your payment from our payment portal; Stripe.
We reserve the right to reject any offer to purchase by you at any time, and at our sole discretion.
If you are not satisfied with the membership, any of the services or wish to cancel your membership, then we welcome feedback through an email on [email protected].
Each of the services may be subject to further, specific terms and conditions which can be shared by the Dealer at your request. We advise that you carefully read the specific description of each of the services before you proceed with a booking/purchase. You will be bound by these Terms and the specific terms of the services, and if there is any inconsistency between the specific terms of purchase relating to the Products/services and these Terms, the specific terms of the Products/services will prevail.
PRICING AND PAYMENTS
Membership subscription prices may be visible on the Platform in AED (United Arab Emirate Dirhams).
Membership subscription prices are set at our sole discretion. Whilst every effort is made to make sure details of the membership on the Platform are accurate, if we discover an error in the pricing of a membership in your order, we will let you know as soon as possible. We shall be under no obligation to accept the purchase of a subscription for a membership that was advertised at an incorrect price and reserve the right to revoke the acceptance of the membership.
The prices of the membership subscription, services and third-party services do not include any taxes and such charges will be additional.
The cardholder must retain a copy of transaction records and relevant merchant policies and rules.
You confirm that the payment method that is being used is yours or that you have been specifically authorized by the owner of the payment card to use it. All payment card holders are subject to validation checks and authorization by the card issuer.
With respect to credit card and debit card transactions, please note it is your responsibility to check with your bank first prior to making purchase of a subscription purchase that they do not levy any additional service, loyalty or convenience, finance, foreign exchange or other charges and fees for use of such cards. We will not be held responsible or liable for any excess charges made by banks to your credit or debit card. In future we may offer other modes of payment and in such case you will still be liable in accordance with the above provision for any excess or associated charges.
All payment transactions on the Platform are processed using a secure online payment gateway that encrypts your details in a secure host environment.
To help ensure that the payment process is safe, simple, and reliable, the online payment gateway uses Secure Socket Layer (SSL) technology. (SSL is cyber industry standard technology which ensures all data remains private and integral during online transactions, making it virtually impossible to intercept.)
All care is taken, as it is in our power to do so, to keep the details of your subscription purchase and payment secure. In the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing the Platform.
The Content and information available on the Website are proprietary to ButterflySocial or licensed to ButterflySocial by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
· post information on the Website and/or the App that is obscene, defamatory, threatening or malicious in nature or any other material that is prohibited by law;
· publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting;
· infringe or use ButterflySocial’s brand, logo(s) and/or trademark(s) in any business name, e-mail, URL or other context unless expressly approved in writing by the owner of the intellectual property as applicable;
· attempt to circumvent any protective technological measure associated with the Services;
· violate the restrictions of any robot exclusion headers on the Website or bypass or circumvent their measures employed to prevent or limit access to the Service;
· access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, Customer profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these Terms or without express authorization from ButterflySocial;
· attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
· download any Content unless it’s expressly made available for download by ButterflySocial;
· post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
· impersonate or misrepresent your affiliation with another person or entity;
· harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
· interfere with or disrupt any of the associated computer or technical delivery systems;
· interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
· modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and
· use the Website, or any Content on the Website in any manner not permitted by these Terms.
Users agree not to use the Website in any way or action that may:
· cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Customers and ButterflySocial;
· be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
All confirmed subscription purchases are non-refundable.
In relation to monthly payment memberships please refer to Terms and conditions of monthly subscriptions.
We are not obligated to cancel any membership and any cancellation is solely at our discretion.
LICENSE TO PLATFORM, RESTRICTIONS, AND INTELLECTUAL PROPERTY
Subject to your compliance with the terms and conditions of this Agreement, butterfly social grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to:
(i) access and use the Platform in order to access the services on your personal devices; and
(ii) access, view and use any content, information and related materials that may be made available through the services for your personal and non-commercial use only.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in this Agreement. No licenses or rights of any kind are granted to you by implication or otherwise by butterfly social or its licensors, except for the licenses and rights expressly granted in this section.
With respect to accessing the Platform through or downloaded from the Apple App Store or through an Android Play Store ("Store Application"), you will use the Store Application in accordance with the rights, permissions, and licenses granted to you therein. Butterfly social reserves all rights in and to the Platform not expressly granted to you under this Agreement. You acknowledge, understand and agree that butterfly social does not control nor can provide any guarantee, warranty or undertaking in respect of any Store Application and your agreement(s) with the Store Application entirely between you and the owner or licensor of such Store Application.
Butterfly social alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Platform and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform or Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform or Services, or any intellectual property rights owned by butterfly social. Butterfly social name, logo, brand and any service or product names associated with the Platform and Services are trademarks of butterfly social or third parties, and no right or license is granted to use them.
Butterfly social will have the right to fully investigate a breach of any of the aforementioned Terms and Conditions in line with the laws of the United Arab Emirates. Butterfly social may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Butterfly social has no obligation to monitor your access to or use of the Platform but has the right to do so for the purpose of operating the Platform, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative, or other governmental body.
Butterfly social reserves the right, at any time and without prior notice, to remove or disable access to any part of the Platform that butterfly social, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Platform.
SUBMISSIONS ON THE PLATFORM
You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, or suggestions through our email address [email protected].
Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments, or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We will be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you.
The information provided or submitted by users on the Platform does not constitute our opinion nor advice, and no information provided should be used or acted upon without seeking further specialist advice from a qualified advisor. We do not ascertain the validity of user-submitted ratings or other posts. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.
All information contained in this Platform including photographs and descriptions (“Platform Materials”) are by way of illustration purposes only and are subject to change. By using this Platform, you waive any claim against us for any inaccuracy in the Platform Materials.
The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, logos, text, arrangements, and layouts are our sole and exclusive property or are licensed to us and all rights are reserved. All trademarks and trade names and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to use, disseminate, or reverse engineer any content or other intellectual property rights in this Platform without our prior written consent.
YOUR LICENSE TO BUTTERFLYSOCIAL’S CONTENT
We grant you a personal, limited, revocable, non-exclusive, and non-transferable license to access and use the Website and Apps only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property Rights.
If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property Rights infringement based on the circumstances.
THIRD PARTY INTERACTIONS
Butterfly social may rely on third party advertising and marketing supplied through the Platform and other mechanisms to subsidize the Platform. By agreeing to these Terms, you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing at our email [email protected]. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services, if any interaction may occur.
INTERNET DELAYS AND OTHER DISRUPTIONS
You will use the Platform at your own cost and risk. You are aware and accept that the Platform may be subject to limitations, delays, and other technological issues inherent to internet or electronic communications. Butterfly social shall not be responsible in any manner for any delays, delivery failures, Platform failures, inaccessibility or other damage resulting from these or other similar issues.
BUTTERFLYSOCIAL’S LICENSE TO CUSTOMER CONTENT
Upon submission of Your Content, you hereby grant Butterflysocial a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable and transferable right to use your Generated Content and all Intellectual Property rights therein for any purpose or Use.
For the avoidance of doubt, “Use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialize, create derivative works of.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.
Accordingly you represent that: (a) you either are the sole and exclusive owner of all Generated Content that you make available through the Platform or you have all the necessary rights, licenses, consents and releases that are required to be granted to us; and (b) uploading, posting, publication, submission or transmittal of the Generated Content, or our use of the Generated Content (or any portion thereof) on, through or by means of the Platform will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
CUSTOMER RATING, REVIEWS AND FEEDBACK
Users are allowed rate, review and provide feedback for the services rendered by ButterflySocial.
The Customers agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification to third parties, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning ButterflySocial (which shall include its owner, management team, staff and clients), including, but not limited to, management style, methods of doing business, the quality of Platform, or treatment of employees to any external persons or entities.
The Customers agree and accept that by providing your Content to or through the Services, be it via email, posting via the Website and/or Apps, or otherwise including any of your Content that is transmitted to your account by virtue of your rating, reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
· host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
· make your Content available to the rest of the world and to let others do the same;
· use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of your Content at our discretion. You further grant us the right to legally pursue any person or entity that violates your or ButterflySocial’s rights in Your Content. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorized in these Terms.
The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
Sanctions for Inappropriate Use of Feedback: If you violate any of the above-referenced rules in connection with leaving Feedback, ButterflySocial, in its sole discretion, may take any of the following actions: (a) cancel or remove your Feedback or any of your Postings; (b) limit your account privileges; (c) suspend your account.
Reporting Inappropriate Use of Feedback: You may contact ButterflySocial regarding any inappropriate use of Feedback via-email at [email protected].
Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Platform concerning Feedback ButterflySocial shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, BUTTERFLYSOCIAL HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. ButterflySocial reserves the right to (a) terminate your access to your Account, your ability to post to these Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that ButterflySocial determines is inappropriate or disruptive to the Services or to any other user of the Platform and/or Services. ButterflySocial reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that ButterflySocial deems appropriate in its sole discretion. ButterflySocial may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ButterflySocial’s discretion, ButterflySocial will cooperate with law enforcement agencies in any investigation of the following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
Sanctions for Inappropriate Use of Feedback: If you violate any of the above-referenced rules in connection with leaving Feedback, ButterflySocial, in its sole discretion, may take any of the following actions: (i) cancel or remove your Feedback or any of your Postings; (ii) limit your account privileges; (iii) suspend your account.
Reporting Inappropriate Use of Feedback: You may contact ButterflySocial regarding any inappropriate use of Feedback via-email at info@ ButterflySocial.com.
Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Platform concerning Feedback, ButterflySocial shall be the final arbiter of such dispute. Further, in the event of any dispute between users of the platform concerning feedback, ButterlfySocial has the right, in its sole and absolute discretion, to remove such feedback or take any action it deems reasonable without incurring any liability therefrom.
ButterflySocial does not and cannot review every Posting posted within the Platform. These prohibitions do not require ButterflySocial to monitor, police or remove any Postings or other information submitted by you or any other user.
DISCLAIMER OF WARRANTIES
ButterflySocial makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the services or third parties made available on the platform. Butterfly social does not represent or warrant that (a) the use of the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the platform will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any services, information, or other material obtained by you through the services will meet your requirements or expectations, (e) errors or defects in the platform will be corrected, or (f) the services or the server(s) that make the service available are free of viruses or other harmful components, (g) that you are covered by any insurance or protected by any indemnity. You acknowledge and agree the entire risk arising out of your use of the platform and service, and any third-party services remains solely with you, to the maximum extent permitted by law.
We adopt standard data collection, storage, processing practices and security measures in accordance with GDPR rules and regulations, in order to protect against unauthorized access, alteration, disclosure or destruction of User’s data stored on our Services.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
We will do our best to have the Platform up and running annually, with the exceptions (i) scheduled system maintenance (notice of same to be provided by us as soon as practical), (ii) emergency maintenance which might occur from time to time.
If we fail to insist upon strict performance of any of the Customers obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Customers from compliance with such obligations.
Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
LIMITATION OF LIABILITY AND INDEMNITY
By entering into this Agreement and using the Platform, you agree that you shall defend, indemnify and hold ButterflySocial, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, users, customers, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of services, or (c) your deliberate inaction, use or misuse of the Platform.
The aggregate liability of butterfly social shall not exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding any claim event. In no event shall ButterflySocial and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). ButterflySocial and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the Platform, including but not limited to the use or inability to use the Platform, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the Platform, even if butterfly social and/or its licensors have been previously advised of the possibility of such damages.
ButterflySocial shall neither be responsible nor liable for the actions, errors, omissions of the third-party suppliers and services purchased by them at your own risk and liability.
ButterflySocial does not assess the suitability, legality or ability of any third-party supplier and you expressly waive and release ButterflySocial from any and all liability, claims or damages arising from or in any way related to the third-party supplier or its services.
ButterflySocial will not be a party to disputes, negotiations of disputes between you and such third-party suppliers or Products. ButterflySocial will not assess the suitability, legality or ability of any such third parties, or their products and you expressly waive and release butterfly social from any and all liability, claims, causes of action, or damages arising from your use of the Platform, Services, purchase of services or interaction with any third parties.
Butterfly social reserves the right to modify these Terms and Conditions or its policies relating to the Services or Platform at any time, effective from the time of posting of an updated version of this Agreement at https://www.butterflysocial.com/help/terms You are responsible for regularly reviewing this Agreement. Continued use of the Services and Platform after any such changes shall constitute your consent to such changes.
This contract is between the Customers and ButterlfySocial. No other third-party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or authorized in writing by ButterflySocial.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software, overbooking, or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving ButterlfySocial’s employees), lockdowns, epidemics, pandemics, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.
ButterlfySocial reserves the right to postpone, cancel or provide a refund as it deems fit in the event of a force majeure. Any refunds are subject to the sole discretion of ButterlfySocial.
DISCLAIMER OF WARRANTIES
You agree that your use of the platform shall be at your own risk. To the fullest extent permitted by law, and ButterflySocial and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with the platform, the services offered on or through this platform, any data, materials, generated content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the platform, including without limitation the materials, data and generated content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this platform, the services offered on or through the platform, data, materials, generated content, and any information or material contained or presented on this platform is provided to you on an "as is," "as available" and "where is" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. ButterflySocial does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform or generated content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party or service user or service professional, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or generated content posted, emailed, transmitted, or otherwise made available via the platform. ButterflySocial does not endorse, warrant, guarantee, or assume responsibility for any platform or service advertised or offered by a third party through the platform or any hyperlinked site or featured in any banner or other advertisement. ButterflySocial will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service professionals of platform or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event shall ButterflySocial, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the platform or any services offered by any service professionals via the platform, including services provided pursuant to an agreement formed independently of the platform, whether or not an agreement for service formed via the platform is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or generated content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party; (v) any interruption or cessation of transmission to or from the platform; (vi) any errors or omissions in any data, content, information, materials or substance of the platform or generated content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the platform; (viii) any defamatory, offensive, or illegal conduct of any third party or service user or service professional; or (ix) any use of any data, marks, content, information, materials or substance of the platform or generated content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not ButterflySocial is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the total, aggregate liability of ButterflySocial, or any of the above-referenced respective parties, arising from or relating to the platform, and/or generated content exceed the total amount of fees actually paid to ButterflySocial by you hereunder.
You hereby acknowledge and agree that ButterflySocial shall not be liable for generated content or the defamatory, offensive, or illegal conduct of any third party or service user or service professional and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that ButterflySocial shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between customers entered into independently of the platform.
INDEMNIFICATION AND RELEASE
If you have a dispute with one or more platform users, you forever release butterflysocial (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the platform and/or any generated content.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (hereinafter “DIFC”).
The Parties irrevocably agree that the DIFC Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).