Privacy & terms

INTRODUCTION

Welcome to BaniBanna, where Muslims meet

These terms of use (the “Terms”) tell you the terms on which you may use the BaniBanna website at https://BaniBanna.com (the “Site”), the BaniBanna app (the “App”) and the products, services and content available from them. They also apply to any purchases you make on our Site or App. In these Terms, we refer collectively to the Site, the App and the content, products, and services available from them as “BaniBanna

YOUR ATTENTION IS PARTICULARLY DRAWN TO PARAGRAPHS:
  1. These Terms should be read alongside our Privacy Policy
  2. There will also be other terms or rules that apply to your use of a particular product or service on BaniBanna, which we will inform you about before you purchase or use the relevant product or service. These additional terms will form part of these Terms unless they are third-party terms which create a direct contract between you and a third party.
  3. If you’re located in the United Arab Emirates, the Additional UAE Terms will apply to using the Service
  4. If you are located in the United States, the Additional US Terms will apply to the use of the service
2. ABOUT US
  1. BaniBanna is provided to you by BANIBANNA (“us”, “we”, or “our”). We are registered in Suite No. 1104, Al Ghaith Tower, Hamdan Bin Mohammed St., P.O. 114192, UAE.
3. HOW TO CONTACT US
  1. Our email address is info@BaniBanna.com
  2. Please use the above contact details if you have a question or complaint about BaniBanna, including any of its content. We will try to answer your enquiry or resolve any complaint immediately.

  3. For users residing in the EU, you have additional rights under the Digital Services Act to: (i) access third-party out-of-court dispute settlement processes, (ii) seek remedies from the courts in the EU member state in which you live, and (iii) lodge a complaint with your local EU regulatory authority.
  4. Please also contact us if you have any suggestions for improvements or additions that you would like to see on BaniBanna
4. HOW WE WILL CONTACT YOU
  1. We will mainly contact you by the email connected to your account or by sending notifications to your device via the App.
  2. We will use the email provided when creating your account. As such, you must notify us as soon as possible if any of your details change
5. THESE TERMS OF USE
  1. Please read these Terms carefully before you start to use BaniBanna. By using BaniBanna in any way, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use BaniBanna. You might want to print a copy for your own records.
  2. These Terms will always be available on our website. It’s important that you regularly check this page to see if any changes have been made and that you review the Terms whenever we update them, or you use BaniBanna.
6. CHANGES TO THESE TERMS OF USE
  1. We may make changes to these Terms from time to time without asking for your express consent. In certain circumstances where the changes are significant, we’ll send an email to you notifying you of a change. You should regularly check this page for notice of any changes – we want our users to be as informed as possible. However, suppose you have a paid subscription to BaniBanna. In that case, any changes will only become effective when your current subscription period ends (which is usually the date of your next payment following the change).
  2. If you do not agree with any changes that we make to these Terms, you can let us know, and we will close your account in accordance with paragraph 19 below.
  3. If you continue to use BaniBanna following any change to these Terms, you will be accepting and agreeing the changes. If you disagree with them, you should not use BaniBanna.
7. CONDITIONS OF ACCESS TO BANIBANNA
  1. To use BaniBanna:
    1. you must be aged 18 years old or over, and you confirm this by providing your date of birth during registration
    2. you must not be barred from using BaniBanna either by us previously or under the laws of the country where you live or any other laws that apply to your use of BaniBanna
    3. you must not have ever been convicted of a hate crime, terrorism, violent or sexually related criminal offence; and
    4. you must register as a member of BaniBanna by creating an account (an “Account”).
  2. You may only access BaniBanna for individual, personal and non-commercial use
  3. Your access to BaniBanna and any information, messages, articles, blogs, music, videos, images, photographs, and other content displayed on BaniBanna (together, “Content”) is permitted in accordance with, and subject to your compliance with, these Terms and in particular our Community Rules at paragraph 12 below.
  4. Please note that the use of BaniBanna is subject to your device complying with our minimum standard technical specifications and compatibility requirements of the Apple App Store or Google Play Store as relevant.
  5. You are responsible for making all arrangements necessary to access BaniBanna
8. CREATING AN ACCOUNT
  1. You can create an Account through your email address, social media account with Facebook, Google account, Apple ID account, or other third-party provider. If you choose to use a third-party account like Facebook, we will access personal information about you from the third-party provider, such as your email address, name, and date of birth. Further information about the use of third-party accounts is provided in our Privacy Policy.
  2. If using email to create an Account
    1. you must be the sole owner and operator of the email you provide, and
    2. you must be the sole owner and operator of the mobile number you provide and prove it with verification.
  3. If using a third-party account to create or verify an Account
    1. the third party must have verified that you are aged 18 years old or over
    2. you must be the only user of your third-party account, and
    3. You must have provided correct, current, and complete information about yourself when initially opening the third-party account
  4. When opening your account, you must provide us with accurate, complete, and up-to-date information, and you agree to update such information to keep it that way. If you don’t, we may suspend or terminate your Account
  5. You will be responsible for using BaniBanna through your Account. You agree that you will not disclose your Account login information to anyone and will notify us immediately of any unauthorised use of your Account. If you believe that your Account is no longer secure, then you must immediately notify us at hello@BaniBanna.com
  6. You may not create an Account for anyone else or create an Account in a name other than yours
9. PURCHASES
  1. We may make products and services available through BaniBanna for a fee (a “BaniBanna Product”) on the App (each an “In-App Purchase”). In-app purchases may be one-off purchases or subscription purchases.
  2. Order process. To make an In-App Purchase, you must click on the ‘Purchase’ button to place an order. Suppose you choose to make an In-App Purchase. In that case, you acknowledge and agree that additional terms disclosed to you at the point of purchase may apply and that such additional terms are incorporated herein by reference.
  3. Prices. Prices for BaniBanna Products will be set out on our App. They also include VAT at the applicable rate or any similar tax. Prices may change at any time. Such changes will not affect existing orders unless there is a pricing error.
  4. Payment. Payment can be made via the website, Apple Pay, Google Pay, the Apple App Store or Google Play Store, or any other payment method available through BaniBanna (“Payment Method”). The relevant card issuer must authorise all credit card and debit card payments. We will take payment from your card when you place your order.
  5. Your subscription will automatically renew at the end of each Subscription Period. If you purchase a Premium Membership subscription, you will be charged the subscription fee stated on the Site or App on the start date of your subscription. You can choose your subscription period to be a week, month, quarter, six-month, or one-year (“Subscription Period”). On each anniversary of the start date, your subscription will automatically renew for a further Subscription Period, and you will be charged a further subscription fee on or around that date.
  6. Purchasing a subscription allows us to take recurring payments through your chosen Payment Method. Your subscription continues until cancelled by you or we terminate your access to or use of BaniBanna or your subscription in accordance with these Terms. You will be notified that your subscription is coming up to renewal around the renewal date. The notification will also contain details of the price payable for the renewal, including whether the price increases in your next Subscription Period. You will then have the option to opt out of your next Subscription Period until 14 days after your renewal date to cancel your subscription to avoid being charged for the renewed subscription term.
  7. Cancellation. You may cancel your subscription or product order at any time. Still, please note that, for a subscription, the cancellation will only take effect at the end of the then-current Subscription Period, and you will not receive a refund for the subscription fee paid for that Subscription Period. You can use any of the applicable methods set out at paragraph 10.3 to effect your cancellation. Our suspension of your access to the App/Website, your deletion of your account or the App/Website from your device may not automatically cancel your subscription.
10. YOUR RIGHT TO CANCEL BANIBANNA OR A PURCHASE DURING THE COOLING-OFF PERIOD
  1. Except in the circumstances listed in the next paragraph, if you are located in the UK or EU, you have the right to change your mind and cancel your BaniBanna Product order (or your BaniBanna Membership) within 14 days from the date of your order confirmation or account opening email.
  2. You can’t change your mind about an order for:
    1. Complementary Premium digital content, after you have started to use them, as long as you have acknowledged the loss of this right when ordering the product or
    2. services (such as a year’s subscription to a Premium Membership), once these have been completed.
    3. To cancel your order, you can do so in the Google Play or App Store, which is accessible directly through the App or through the website.
    4. You must pay for services you received before you change your mind. If you bought a Premium Membership, we don’t refund you for the time you received it before you told us you’d changed your mind
11. USER CONTENT
  1. BaniBanna members can use BaniBanna to store or share content such as text, files, documents, messages, articles, blogs, social media links, graphics, images, music, software, audio and video on BaniBanna, including in posts or communications with others (“User Content”).
  2. Any User Content you post or make available through BaniBanna is called “Your Content”. Your Content must comply with these Terms, including the Community Rules as set out below. You are solely responsible for all your User Content.
  3. We do not claim ownership of any User Content, and you grant us a non-exclusive licence to use, copy, modify, distribute, publicly display, and publicly perform Your Content on and in connection with BaniBanna. This licence will be free of charge and last indefinitely, and we will have the right to grant these rights to third parties, like our service providers and other members.
  4. We may exercise all copyright and publicity rights in Your Content in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
  5. You must have (and will have) all rights that are necessary to grant us the licence rights in your User Content under these Terms.
  6. You agree that we are not responsible for, and do not endorse any User Content and that we do not have any obligation to monitor, edit, or remove any User Content (see the Community Rules in paragraph 12 for more details of our moderation policy). The views expressed by other members do not represent our views or values.
  7. You can remove Your Content by specifically deleting it.
  8. You can appoint a ‘Chaperone’ to monitor your communications on the App. This option can be selected in the ‘Chaperone’ option in the settings to the App and providing your appointed Chaperone’s email address. Your Chaperone will then receive instructions via email from us and, once followed, will receive weekly transcripts of your written interactions on the App. You can stop your Chaperone receiving this transcript at any time in the ‘Chaperone’ option in the settings to the App.
12. COMMUNITY RULES
  1. As a member of BaniBanna, you acknowledge and agree to comply with the rules set out in this paragraph 12. Your attention is also drawn to our Site and App's Behaviour Guidelines and Safety Guidelines.
  2. You agree that you will:
    1. ensure that any information you post complies with all applicable laws, including privacy laws, pornography and obscene publications laws, intellectual property laws, anti-spam laws, and regulatory requirements;
    2. always provide accurate information to us and keep it updated;
    3. use a legitimate third-party social media account to sign up, including using your real name; or use a legitimate email account to sign up and a real mobile phone number; and
    4. not use terms in your descriptions/profile that are offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans or animals, defamatory or otherwise unlawful.
  3. You agree that you will not:
    1. act dishonestly or unprofessionally, including posting inappropriate, inaccurate, or objectionable content;
    2. add information that is not intended for, or inaccurate for, a designated field;
    3. if using the App for marriage and dating, use an image that is not your likeness for your profile;
    4. misrepresent your affiliations with a person or entity, past or present;
    5. misrepresent your identity, including but not limited to the use of a pseudonym on your third-party account;
    6. create an Account for anyone other than yourself (a real person);
    7. use or attempt to use another member’s Account;
    8. attempt to restrict another user from using or enjoying BaniBanna;
    9. harass, abuse, or harm another person;
    10. send spam or other unwelcome communications to others;
    11. scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
    12. interfere with, or disrupt, BaniBanna or any servers or networks connected to BaniBanna, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature;
    13. inject content or code or otherwise alter or interfere with the way any page of BaniBanna is rendered or displayed in a user’s browser or device;
    14. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide BaniBanna;
    15. act in an unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable manner;
    16. share or disclose information that you do not have the right to share or disclose (such as confidential information of others);
    17. use any Content in any manner that may infringe any of our rights or the rights of a third party;
    18. use the Content in any way that might be violate any applicable law or regulation or breach the Terms;
    19. use any Content in any manner that sexualises, abuses, exploits or endangers children, real or fictional (e.g. anime, media, text, illustrations, or digital images). This includes any visual depictions or discussions of sexually explicit conduct involving a child. For these Terms, a child is anyone under the age of 18.
    20. collect or store other users’ personal data or
    21. encourage or enable any other individual to breach any of these Community Rules.
  4. Where posting Your Content, you agree that:
    1. it does not promote discrimination, exploitation, terrorism, racism, bestiality, bigotry, hatred, or physical harm of any kind against any group or individual, or animal;
    2. it is your own original content and does not (and our publication and use of it will not) infringe or interfere with the rights of any third party;
    3. you will not add or link to any content that is offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans and animals, defamatory, glorifying proscribed terror or violence or otherwise unlawful;
    4. you will not post, link to or otherwise publish content that exploits people in a sexual, violent or otherwise unlawful manner;
    5. you will not upload, store, produce, share, or entice anyone to share child sexual abuse material, even if the intent is to express outrage or raise awareness about this issue.
    6. you will not post, link to or otherwise publish any content containing any form of advertising or promotion for goods and services or any form of unsolicited communication;
    7. you will not share any financial information, for example, details of bank accounts, PayPal or Venmo information.
    8. you will not impersonate any person or organisation or represent yourself as any other guest, host or other third party, including by misrepresenting your identity, age, current or previous positions, qualifications or affiliations with a person or entity;
    9. you will not post, link to or otherwise publish any content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of our Site or any computer software or equipment;
    10. you will not post, link to or otherwise publish any content about illegal activities such as making or buying drugs or illegal weapons;
    11. you will not post, link to or otherwise publish content which contains videos, stills, photographs, audio photographs, or images of another person without their permission and
    12. you will not interfere or violate a third party’s private life or their private communications.
  5. We are not obligated to monitor access to or use of BaniBanna or to review or edit any Content or User Content. However, we reserve the right, without obligation, to monitor, moderate, edit, disable access to or remove User Content (moderated or not) that we deem to be in breach of these Terms, including our Community Rules. We use automated and manual moderating tools to flag content in breach of our Behaviour Guidelines and Community Rules. We may also consult and cooperate with law enforcement authorities to help them prosecute users who break the law.
  6. We will only review User Content if it is relevant to an issue that we are investigating either as a result of a query from you or another user, if flagged through our content moderation process, as a result of an appeal to an Account suspension, or as a result of a technical problem with BaniBanna. You agree that we may access and use Your Content for this purpose.
13. NOTIFICATION
  1. If you believe that any User Content published on BaniBanna infringes any third-party rights (including your own), is untrue, offensive, obscene, unlawful, misleading or otherwise fails to comply with these Terms, including these Community Rules or Behaviour Guidelines, you may notify us by emailing us at info@BaniBanna.com or clicking the ‘Report’ button in the App.
  2. Upon receiving any complaints about User Content, we will review the User Content in question.
14. OUR RIGHTS IN BANIBANNA
  1. We are the owner or the licensee of all intellectual property rights in BaniBanna and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
  2. You may only view, download and store on any compatible device, print out, use, quote from and cite BaniBanna and the User Content for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to us where appropriate (except where the content is user-generated). Any acknowledgement should include a link to BaniBanna (https://BaniBanna.com/).
  3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. You may not use BaniBanna or any Content for any purpose other than those set out above.
  5. If you print off, copy, download, share or repost any part of BaniBanna in breach of these Terms, your right to use BaniBanna will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. RIGHTS AND TERMS FOR APPS
  1. App License. If you comply with these Terms, we grant to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes.
  2. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
  3. Additional Information: UAE Regulations for App Stores. This paragraph 15.3 applies to any App you acquire from an app store or use on an iOS or Android device within the UAE. The respective app store provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may contact the app store provider for a refund (if applicable) and, to the maximum extent permitted by UAE law, the app store provider will have no other warranty obligation whatsoever with respect to the App.
    The app store provider is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement under UAE law; and (iii) claims arising under UAE consumer protection or similar legislation. The app store provider is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights.
    The app store provider and its subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance of the Terms of Use, the app store provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
    You represent and warrant that (i) you are not located in a country that is subject to UAE sanctions or restrictions; and (ii) you are not listed on any UAE Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App, as well as all UAE laws and regulations governing digital content, data protection, and e-commerce.
16. CHANGES TO BANIBANNA
  1. BaniBanna is evolving over time. We and our members may change its Content at any time.
  2. We will provide BaniBanna with updates, including security updates, to ensure that it always complies with the terms of our contract with you. We might ask you to install these updates.
  3. We can make changes to BaniBanna to:
    1. ensure that they comply with all relevant laws (including consumer laws);
    2. address any changes in law or regulation;
    3. make minor technical adjustments and improvements, for example to address security concerns. These changes will either not affect your use of BaniBanna, or the effect will only be minor, or
    4. Update digital content (for example, the website/App), provided that if you paid for it, the digital content always matches the description we gave you before you bought it. We might ask you to install these updates.
  4. In addition, we may also modify BaniBanna and BaniBanna Products for other reasons, for example, so that we can reach a more significant number of users, to improve and add to the services available with and for technical or other critical operational reasons, and to remove services that do not prove to be popular with our users. Where this is the case, there will be no additional cost to you, and we will inform you of the change by email. We will inform you (either by email or by a direct message within the App) reasonably in advance of:
    1. the features and time of the modification;
    2. your right to close your Account as set out at paragraph 19.
  5. We will implement these changes by providing you with security updates to BaniBanna, as necessary.
17. WITHDRAWAL OF BANIBANNA
  1. We can stop providing BaniBanna or any BaniBanna Products at any time. We will provide reasonable notice if we do not believe you to be at fault
18. OUR RIGHT TO RESTRICT, SUSPEND OR END YOUR ACCESS TO BANIBANNA
  1. We may restrict, suspend, or close your Account immediately, at any time, if we reasonably believe that you are in breach of these Terms or are otherwise misusing BaniBanna in any way. Where we close your Account for a breach of these Terms, you will not be entitled to a refund for the purchase of any BaniBanna Products that have not been used
  2. Our right to restrict your access or use of BaniBanna includes limiting your number of connections and restricting your ability to contact other members through our messaging service.
  3. We may also close your Account by emailing you notice of termination for legitimate business reasons.
19. WE CAN SUSPEND ACCESS TO BANIBANNA AND BANIBANNA PRODUCTS
  1. We can suspend the supply of BaniBanna or a BaniBanna Product. We do this to:
    1. deal with technical problems or make minor technical changes;
    2. make updates to reflect changes in relevant laws and regulatory requirements or
    3. make changes to BaniBanna or BaniBanna Products (see paragraph 15).
  2. We will contact you in advance to tell you we’re suspending supply unless the problem is urgent or an emergency
20. HOW YOU CAN CLOSE YOUR ACCOUNT
  1. You may close your Account with us at any time by:
    1. sending an email to info@BaniBanna.com or
    2. clicking ‘Delete Account’ in the website/App settings and following the termination steps
  2. Important: If you have an ongoing paid subscription, you will also need to unsubscribe from BaniBanna via your App Store and Google Play to ensure your Account is fully closed
21. CONSEQUENCES OF ACCOUNT CLOSURE
  1. When your Account is closed, your access to BaniBanna will cease. You will lose all purchases, matches, and swipes when we close your Account unless you request that your Account be activated within six months of requesting that it be closed by emailing info@BaniBanna.com
  2. We will, on request, provide you with a copy of Your Content within 30 days of your account closure in a machine-readable format.
  3. Otherwise, we will cease to use and delete all content stored in your Account and your user details (except where we are required by law to retain such details).
  4. [Any user details that are retained will be archived after two years in a non-active database in accordance with our Privacy Policy].
22. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR PRODUCT
  1. We will operate BaniBanna, provide the BaniBanna Products and publish the Content using reasonable skill and care.
  2. If you think there is something wrong with BaniBanna or your BaniBanna Product, you must contact our Customer Service Team using the contact details above.
23. YOUR RESPONSIBILITY
  1. You are solely responsible for your interactions with other members, whether or not using BaniBanna. Always use your best judgment and take appropriate safety precautions, such as protecting your personal information, when communicating with other members through BaniBanna and meeting members in person.
  2. You must report all suspicious and offensive behaviour that you experience or witness from another member and any other concerns about another member or about any Content by emailing info@BaniBanna.com or through the ‘Report’ button in the website/App.
24. OUR RESPONSIBILITY TO YOU
  1. Although we have taken all reasonable care to ensure that the features and functionalities provided on BaniBanna are of a reasonably satisfactory standard, certain features may rely on networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you which is caused by events outside our reasonable control.
  2. We do not guarantee that BaniBanna will be compatible with all or any hardware and software which you may use. We do not guarantee that the Services will be available at all times or at any specific time.
  3. We will never be responsible for any loss or damage that is:
    1. not reasonably foreseeable (this means that it was not obvious that it would happen and nothing you said to us before using the Services meant we should have expected it);
    2. caused by a failure by you to comply with these Terms;
    3. a business loss;
    4. caused by a failure by you to install any update provided with sufficient installation instructions within a reasonable time (provided we have explained the consequences of failing to install the update); or
    5. something you could have avoided by taking reasonable action
  4. Our responsibility to you will be limited to the greater of (i) the amount paid, if any, by you to BaniBanna for the Services during the 12 months prior to any claim, or (ii) £100. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
  5. We are not a party to any agreement or arrangement between members that is arranged through BaniBanna.
  6. We are not responsible for the conduct of any member. We do not check statements made by our users. We do not run or enforce criminal background checks on our members or otherwise inquire into the background of our members. All age, selfie and identity verification processes are conducted on a best efforts basis and BaniBanna cannot guarantee their accuracy or correctness.
25. FEEDBACK
  1. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to BaniBanna (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
26. LINKING TO BANIBANNA
  1. You may link to BaniBanna, provided you do so in a way that is fair and legal, and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  2. BaniBanna must not be framed on any other site, nor should you establish a link to any part of BaniBanna other than the login page.
  3. If you wish to make any use of the Content other than that set out above, please address your request to info@BaniBanna.com.
  4. We reserve the right to withdraw linking permission without notice.
27. LINKS FROM BANIBANNA
  1. BaniBanna may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites.
  2. Your browsing and interaction on any other website, or your use of other services, including websites and services which have a link to BaniBanna, is subject to that service provider’s or operator’s own terms, rules, and policies. Please read those terms, rules, and policies before proceeding.
28. VIRUSES

While we take all reasonable precautions to keep BaniBanna free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.

29. LEGAL STUFF
  1. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them (as a whole, or partially) are unlawful, the remaining clauses (or part of them) will remain in full force and effect.
  2. These Terms are personal to you. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
  3. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
  4. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking your contract with us, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  5. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
  6. These Terms shall be governed and construed in accordance with English law.
  7. Subject to the following sentence, the English courts shall have exclusive jurisdiction to determine the interpretation and application of these Terms if any dispute arises. However, if you are a resident of Northern Ireland, Scotland or the European Union, you may also bring proceedings in the courts of the country in which you live.

If you’re located in the United Arab Emirates, the following terms (the “Additional UAE Terms”) apply in addition to (and not in lieu of) the Terms of Use save that, where expressly indicated, these Additional UAE Terms may vary or replace certain terms in the Terms of Use.

If you’re located in the United Arab Emirates, in the event of a conflict between the Terms of Use and the Additional UAE Terms, the Additional UAE Terms will apply.

Unbless the context requires otherwise, references to Terms of Use in the Additional UAE Terms shall mean the Terms of Use above as varied by the Additional UAE Terms.

30. Additional UAE Terms

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with BaniBanna Ltd (“BaniBanna”) and limits the manner in which you can seek relief from BaniBanna. Both you and BaniBanna acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Use, BaniBanna’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third-party beneficiary hereof.

  1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms of Use directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in the United Arab Emirates (UAE). The arbitration will proceed in the Arabic or English language, in accordance with the UAE Arbitration Law (Federal Law No. 6 of 2018) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of recognized arbitrators in accordance with such laws. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  2. Costs of Arbitration. The arbitration process will govern the payment of all arbitration fees. BaniBanna will cover arbitration fees for claims less than AED 275,000. BaniBanna will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  3. Small Claims Court; Infringement. If they qualify, you or BaniBanna may assert claims in the relevant courts of the UAE. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
  4. Waiver of Court Trial. YOU AND BANIBANNA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE. Instead, You and BaniBanna choose to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to minimal review by a court.
  5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor BaniBanna is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.
  6. Exclusive Venue. If any dispute is not subject to arbitration, then both you and BaniBanna agree that any judicial proceeding will be brought in the courts of the UAE.
  7. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement will be null and void. This arbitration agreement will survive the termination of your relationship with BaniBanna.
  8. 32. Limitation of Liability: Clause 24.4 of the Terms of Use shall be deleted and replaced with the following:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF BANIBANNA AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (BANIBANNA AND ALL SUCH PARTIES TOGETHER, THE “BANIBANNA PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) AED 365 OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Indemnity You agree to indemnify and hold the BaniBanna Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Service (including any actions taken by a third party using your Account) and (b) your violation of these Terms of Use.
  2. 2. Choice of Law: Clause 29.6 of the Terms of Use above shall be deleted and replaced with the following:

    3. These Terms of Use are governed by and will be construed under the laws of the United Arab Emirates, without regard to the conflicts of laws provisions thereof.

Additional US Terms

33.  Arbitration Agreement Clause 29.7 of the Terms of Use above shall be deleted and replaced with the following

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with BaniBanna Ltd (“BaniBanna”) and limits the manner in which you can seek relief from BaniBanna. Both you and BaniBanna acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms of Use, BaniBanna’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third-party beneficiary hereof.

  1. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms of Use directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  2. Costs of Arbitration. The Rules will govern payment of all arbitration fees. BaniBanna will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. BaniBanna will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
  3. Small Claims Court; Infringement. Either you or BaniBanna may assert claims, if they qualify, in small claims court in New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights
  4. Waiver of Jury Trial. YOU AND BANIBANNA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and BaniBanna are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and BaniBanna over whether to vacate or enforce an arbitration award, YOU AND BANIBANNA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor BaniBanna is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below
  6. Opt-out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Suite No. 1104, Al Ghaith Tower, Hamdan Bin Mohammed St., P.O. 114192, UAE, postmarked within thirty (30) days of first accepting these Terms of Use. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of this arbitration agreement.
  7. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or BaniBanna to litigate any dispute arising out of or relating to the subject matter of these Terms of Use in court, then the foregoing arbitration agreement will not apply to either party, and both you and BaniBanna agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York, or the federal district in which that county falls.
  8. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement will be null and void. This arbitration agreement will survive the termination of your relationship with BaniBanna.

34.  Limitation of Liability: Clause 24.4 of the Terms of Use shall be deleted and replaced with the following:

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF BANIBANNA AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (BANIBANNA AND ALL SUCH PARTIES TOGETHER, THE “BANIBANNA PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

35.  Indemnity

You agree to indemnify and hold the BaniBanna Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Service (including any actions taken by a third party using your Account) and (b) your violation of these Terms of Use.

36.  Choice of Law: Clause 29.6 of the Terms of Use above shall be deleted and replaced with the following:

These Terms of Use are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the New York, without regard to the conflicts of laws provisions thereof.