Documents

Terms of Use

Acceptance of Terms

Welcome to Tanda (tandsmart.com), owned and operated by Armstrong Investment Company Ltd (“TANDA SMART”). In these Terms, “you” and “your” refer to the individual that uses the Service. “We”, “us”, or “our” also refer to Tanda.

TANDA SMART provides an online platform, process and service that allows users to connect directly with each other to share money among themselves (the “Service”). By using the Service, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”) whether or not you become a registered user of the Service. These Terms govern your access to and use of the Service and constitute a binding legal agreement between you and TANDA SMART. Please read carefully these Terms, and our Privacy Policy (at Tandasmart.com/privacy and incorporated herein by this reference). If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Service. If you are accepting these Terms on behalf of a third party, you represent and warrant that: (i) you have full legal authority to bind such party to these terms and conditions, (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the party that you represent, to these Terms.

YOU UNDERSTAND AND AGREE THAT TANDA SMART IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, AND THAT TANDA SMART IS NOT A BANK, A MONEY SERVICES BUSINESS, A MONEY TRASMITTER, OR AN ISSUER OF STORED VALUE PRODUCTS. TANDA SMART AND THE SERVICE ENABLE USERS TO COMMUNICATE DIRECTLY AND TO SHARE FUNDS AMONG THEMSELVES. TANDA SMART HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICE, ANY INFORMATION EXCHANGED BETWEEN USERS, OR ANY SHARING DECISIONS BY OR AMONG USERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

TANDA SMART hereby disclaims any conditions, warranties, or other terms relating to the Service, any User of the Service, or any information supplied under these Terms and in respect of the Service. TANDA SMART does not warrant and makes no representations (i) that the operation of the Service will be error-free or uninterrupted, and (ii) about any content or information provided or made accessible by or through TANDA SMART or the Service. You are solely responsible for the investigation and confirmation of any and all information provided through or by TANDA SMART and/or the Service in respect of any other user of TANDA SMART. 

Definitions

“Tanda” means two or more Users who form a group to use the Service to share funds between and among all Users in the same group.

“Content” means text, graphics, images, music, software, audio, video, information and/or other materials.

 “User” means a person who successfully completes TANDA SMART’s registration process and receives a Tanda Credit Score.

How to Join the Service

The Service consists of an online platform, process and service that allows Users to participate in one or more Tandas within which they can share money with other Users in that Tanda. To become a User and access the Service, you must: (a) successfully complete the online registration process at the mobile application, (b) agree to our review of your financial information so that we can assign your tiered participation level (your “Tanda Credit Score”), and (c) connect your personal bank or other payment method to the Service.

Your application includes your authorization of and consent to TANDA SMART’s investigation of you and your credit history at registration and from time to time thereafter, specifically including but not limited to making inquiries to credit reporting agencies or credit grantors, so that Tanda SMART may provide you with the Services and assign you a Tanda Credit Score. [Tanda Credit Score will assign Users with an in-app score.] After successful registration and creation of a Tanda Credit Score, Users will be able to create or participate in Tandas. You hereby agree to the sharing by TANDA SMART of your Tanda Credit Score with other TANDA SMART Users. You may be allowed to view some Content without registration; however, if you wish to fully access the Service, you must first successfully register and become a User.

How the Service Works

Money is shared by and between all Users who have joined a Tanda. Within a Tanda, every member contributes the same amount in installments over the life-time of the Tanda, and every member of a Tanda withdraws the same amount but at different times. The installment payments remain consistent over the life-time of the Tanda, and all installment payments are distributed to one member of the Tanda once the money from all Tanda members is received by TANDA SMART (less TANDA SMART’s Service Fee).

The following illustrative example shows how TANDA SMART works. Sharing within a Tanda happens according to a User’s “Position” in the Tanda - which is the time when each User will receive their payment from the Tanda. By way of example, if a User enters a Tanda with 12 members and Positions, the Tanda is set for a 12 month period, and each Tanda member is required to pay %100, then the total amount contributed by each member over the 12 month period shall amount to $1,200.

Private Tandas may be formed by any User. A User forming a Tanda determines the three key characteristics of the Tanda: (1) the amount to be shared by each User who joins the Tanda in total; (2) the period of the Tanda (it’s life-time); (3) and how many Users and Positions there are in the Tanda (one Position per User). Accordingly, the Tanda creator invites members to join their Tanda. Private and public Tandas have no “Payment Guarantee”.

Public Tandas are accessible to any user with the appropriate Tanda Credit Score and Available Limit. TANDA SMART creates the Tandas and participation is contingent to the User’s ability to meet the required Score and Limit. TANDA SMART assigns each User a maximum amount they can commit to in their Tandas based on their Tanda Credit Score (their “Credit Limit”). A User’s Credit Limit may change frequently based on numerous factors. You hereby agree to TANDA SMART’s classification of your Tanda Credit Score and your ability to meet the required Score and Limit at TANDA SMART’s sole and absolute discretion.  

Failure to contribute funds to a Tanda at the time and in the amounts that a User agreed to do will subject a User to limited or restricted access to the Service, including preclusion of joining more Tandas or receiving shared funds distributions from any Tandas that User has previously joined. A User’s failure to meet his or her Tanda contribution commitments for more than ten (10) days past the original due date will entitle TANDA SMART will not, under any circumstance, be required to pay back any User for any amount owed to such User from any other User irrespective of the nature in which such amounts arise. You hereby take full risk and responsibility for you involvement in the Tanda and the Services

Service Fees

In exchange for providing the Service, TANDA SMART receives from each User receiving shared funds from a Tanda a fee (the “Service Fee”) equal to a set percentage of the shared amount. The exact Service Fee amount will be set for each Tanda upon creation, and will range from 1% to 7% of the shared funds. Service Fees will be deducted from funds at the time that they transmitted to the User. After deducting the applicable Service Fee, TANDA SMART will remit the balance of the shared funds to the User via its accepted payment methods as may be listed on the Service, in US Dollars or Jordanian Dinars (as the case may be). Except as otherwise provided herein, Service Fees are non-refundable. You hereby agree, and permit TANDA SMART (at its sole discretion), to deduct and/or set off the Service Fee from any amounts owed to you by any other User or from the Tanda directly.

 

Financial Terms Information

By entering into these Terms, you also agree to the terms and conditions of [e-wallet service provider], our banking software and payment processing provider [Link to e-wallet legal terms].

By entering these Terms, you are also authorizing TANDA SMART (or its third party payment processor) to debit the bank account/ e-wallet you associated with your User Account for all amounts that you agree to contribute to a Tanda, and to withdraw any Service Fees. Fund transfers are done electronically and may occur immediately after being authorized (or when a User becomes in default of a contribution that is due). In order to become a User and participate in Tandas, you understand and agree that TANDA SMART reserves the right, in its sole discretion, to obtain a pre-authorization of your banking account/e-wallet in order to verify your account and relevant account balance. Please note that TANDA SMART cannot control any fees that may be charged to a User by his or her bank related to transfers or otherwise, and TANDA SMART disclaims, to the extent legally permitted, any and all liability in this regard.

You authorize TANDA SMART to make deposits or withdrawals for any transaction in your Tandas from your linked bank account/e-wallet, either directly by TANDA SMART or indirectly, via a third party online payment processor or by one of the payment methods described on the Service. You also authorize TANDA SMART to deduce any Service Fees. If you are directed to TANDA SMART’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Service.

Taxes

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. TANDA SMART cannot and does not offer Tax-related advice to any User. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and Service taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes applicable in the Hashemite Kingdom of Jordan (“Jordan”) and your jurisdiction.

Eligibility; Account Information

The Service are intended solely for persons who are 18 or older and you are legally able to enter into a contract. By accessing or using the Service you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are not legally prohibited from receiving or using the Service under the laws of the country in which you access or use the Service.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TANDA SMART reserves the right to suspend or terminate your account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You will immediately notify TANDA SMART of any unauthorized use of your User Account. TANDA SMART assumes no responsibility for User Content, User account information, or for any User’s compliance with any applicable laws, rules and regulations.

 

 

No Endorsement

TANDA SMART’s role is solely to facilitate the availability of the Service and to provide support related thereto. TANDA SMART does not provide and is not responsible for User Content or Tandas. TANDA does not verify Users’ information, review or approve Tandas, participate in Tandas (unless in specific circumstances at TANDA SMART’s sole discretion), or provide any promises, warranties or guarantees regarding Tandas. You acknowledge that TANDA SMART will not be liable for any loss or damage related to your participation in any Tanda. TANDA SMART does not refer or endorse or recommend particular Users or Tandas. You acknowledge and agree that you, as a User, are responsible for your own acts and omissions.

 

User Affirmations, Conduct and Use

By submitting the User registration form, you represent, warrant and agree to the following:

  • You are at least 18 years of age, are authorized to submit a User registration, and are authorized to sign your User registration form.

  • You are solely and fully liable for all Content, conduct, postings and transmissions that are made under your user name and password.

  • You either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to TANDA SMART the rights in such User Content, as contemplated under these Terms.

  • You are solely responsible for reviewing, evaluating, and participation in any Tanda.

  • TANDA is not involved in any transactions between Users or Tandas (unless in specific circumstances at TANDA SMART’s sole discretion).

  • You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service and Content.

  • Neither your User Content, nor your posting, uploading, publication, submission or transmittal of the User Content or TANDA SMART’s use of the User Content (or any portion thereof) on, through or by means of the Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By using the Service, you represent, warrant and agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.

  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other Service contained in the Service or Content.

  • use the Service for any commercial or other purposes that are not expressly permitted by these Terms.

  • copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms.

  • interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

    • use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or bank account numbers.

    • use the Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements.

    • "stalk" or harass any other User of the Service or collect or store any personally identifiable information about any other User other than for purposes of using the Service as intended.

    • recruit or otherwise solicit any other User to join third party services or websites that are competitive to TANDA SMART, without TANDA SMART’s prior written approval.

    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

    • use automated scripts to collect information or otherwise interact with the Service.

    • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

    • systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

    • use, display, mirror or frame the Service, TANDA SMART’s name, any TANDA SMART trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without TANDA SMART’s express written consent.

    • access, tamper with, or use non-public areas of the Service, TANDA SMART’s computer systems, or the technical delivery systems of the Service or any third-party provider system.

    • attempt to probe, scan, or test the vulnerability of any TANDA SMART system or network or breach any security or authentication measures.

    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TANDA SMART or any of TANDA SMART’s providers or any other third party (including another user) to protect the Service or Content.

    • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information.

    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content.

    • advocate, encourage, or assist any third party in doing any of the foregoing.

TANDA SMART has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TANDA SMART may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that TANDA SMART has no obligation to monitor your access to or use of the Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Ownership

The Service is licensed and not sold. The Service and Content are protected by copyright, trademark, and other laws of Jordan and foreign countries. You acknowledge and agree that the Service and Content, including all associated intellectual property rights, are the exclusive property of TANDA SMART and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of TANDA SMART used herein are trademarks or registered trademarks of TANDA SMART. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

License to the Service

Subject to your compliance with these Terms, TANDA SMART grants you a limited, personal, non-exclusive, revocable, non-transferable license, to (i) electronically access and use the Service solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TANDA SMART or its licensors, except for the licenses and rights expressly granted in these Terms.

 

License Grant to TANDA SMART

By making available any User Content on or through the Service, you hereby grant to TANDA SMART a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such User Content on, through, or by means of the Service as currently exist or may be developed in the future. TANDA SMART does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that TANDA SMART is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or Service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TANDA SMART of such websites or resources or the content, products, or Service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Service on or available from such websites or resources.

Advertisements

TANDA SMART may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Service. By clicking on the advertisements, the User may be shifted to a Web site of the advertiser or receive other messages, information, or offers from the advertiser. Users acknowledge and agree that TANDA SMART is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.

Termination and User Account Deactivation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your User account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you (in our sole discretion), and which we are legally obligated to pay you. In the event TANDA SMART terminates these Terms, or your access to our Service or deactivates or cancels your User account you will remain liable for all amounts due hereunder. You may cancel your User account at any time by contacting TANDA SMART. Please note that if your User account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Service, including, but not limited to, any reviews or feedback.

 

Disclaimers

IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TANDA SMART DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE ANY STATEMENT, OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR CONTENT PROVIDED BY ANY USER. NOTHING CONTAINED IN THESE TERMS SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY USER; (B) ANY TANDA SMART; OR (C) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY TANDA SMART CONTENT OR ANYTHING OTHERWISE CONTAINED IN OR MADE AVAILABLE ON THE SERVICE OR ANY OTHER FORUM.

THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TANDA SMART EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TANDA SMART MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TANDA SMART MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU INTERACT OR COMMUNICATE WITH AS A RESULT OF YOUR USE OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD TANDA SMART HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICE.

TANDA SMART WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN USERS PARTICIPATING IN A TANDA. USERS WILL BE SOLELY RESPONSIBLE FOR ANY TANDAS JOINED OR AGREEMENTS MADE WITH ANOTHER USER.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT, OR TANDA SMART REMAINS WITH YOU. NEITHER TANDA SMART NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, FROM PARTICIPATION IN ANY TANDA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TANDA SMART HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL TANDA SMART’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, FROM A TANDA, ANY CONTENT, OR ANY INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID TO TANDA SMART AS SERVICE FEES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TANDA SMART AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to release, defend, indemnify, and hold TANDA SMART and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Service, Tanda, or Content; (b) your violation of these Terms; (c) your User Content; (d) your (i) interaction with any User, (ii) reliance on any information exchanged via the Service, or (iii) creation of a Profile; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that you or your Content caused damage to a third party. TANDA SMART shall have the right to control all defense and settlement activities.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without TANDA SMART’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TANDA SMART may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TANDA (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

You agree that (i) the Service shall be deemed solely based in Jordan, and (ii) the Service shall be deemed a passive mobile application that does not give rise to personal jurisdiction over TANDA SMART, either specific or general, in jurisdictions other than Jordan. These Terms shall be governed by the internal substantive laws of Jordan, without respect to its conflict of laws principles. You and we agree to submit to the exclusive and personal jurisdiction of a state court located in Amman, Jordan for any actions for which the parties retain the right to seek injunctive or other equitable relief in a 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, as set forth in the Dispute Resolution Provision below.

YOU AND TANDA SMART AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.

Severability

These Terms are intended to govern the agreement between TANDA SMART and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

 

Dispute Resolution Provision

You and TANDA SMART agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a 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.

You acknowledge and agree that you and TANDA SMART are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and TANDA SMART otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the Jordan Arbitration Law (the “Rules”).

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in Jordan and will be selected by the parties. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then Chairman of the Chamber of Commerce will appoint the arbitrator in accordance with the Rules.

Arbitration Location and Procedure. Unless you and TANDA SMART otherwise agree, the arbitration will be conducted in Amman - Jordan. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documents you and TANDA SMART submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the Rules. Subject to the Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Rules.

No Class Action. YOU AND TANDA SMART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Changes. Notwithstanding the provisions of the “Modification” section below, if TANDA SMART amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to support@TANDAapp.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of TANDA SMART’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TANDA SMART in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Enforceability. If the “No Class Action” section of this Dispute Resolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.

International Users

TANDA SMART makes no claim that the Service, Tandas, or Content are appropriate or may be accessed, used or downloaded outside of Jordan. If you access the Service, Tandas or Content from a location outside of Jordan, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Feedback and Reporting Misconduct

We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site, Application and Service. You may submit feedback by emailing us at admin@tandasmart.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of TANDA SMART and you hereby irrevocably assign to TANDA SMART and agree to irrevocably assign to TANDA SMART all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At TANDA SMART’s request and expense, you will execute documents and take such further acts as TANDA SMART may reasonably request to assist TANDA SMART to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

If you feel any User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you agree to immediately report such person to the appropriate authorities and to TANDA SMART.

General

The failure of TANDA SMART to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TANDA SMART. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Certain parts of the Service may have different or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific part of the Service, the latter terms and conditions will take precedence.

Modification

TANDA SMART reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Service or to modify these Terms, including any Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application; however, we reserve the right to make any such changes effective immediately to maintain the security of our Service of to comply with any laws or regulations. We will update the “Last Updated Date” at the top of these Terms.

Modifications to these Terms shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after notice to the User is provided via email from support@tandasmart.com to your email address on file with TANDA SMART. You agree to keep your email address on file with TANDA up-to-date. By continuing to access or use the Service after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between TANDA SMART and you regarding the Service, Content made via the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TANDA SMART and you regarding the same.

Disclaimer: The original, legally binding version of this document is written in English. If this document is translated into other languages, there may be discrepancies between the English version and a translated version. If so, the English version supersedes the translated version.