Terms & Conditions
These Terms and Conditions (“Terms
” or “Agreement
”) pertain to the Mondia Service which governs your use of Mondia Service, between Mondia Media Egypt LLC (“Mondia
”, We, or us) and you. If you are entering into this Agreement on behalf of a company or other legal entity you hereby represent that you have the authority to bind such entity to the terms and conditions of this Agreement. If you do not have such authority or you or such entity do not agree to the Terms and Conditions set out in this Agreement, you must not accept this Agreement and neither you nor such entity may use Mondia Service.
These Terms constitute a legal agreement between you and Mondia. If you use Mondia Service, you represent that you have the capacity to be bound by these Terms. You agree that you are not using Mondia Service for any illegal purpose. And by using the Mondia Service, you agree to be bound by these Terms, and any and all conditions established by Mondia in connection with the Mondia Service. If you do not agree to the Terms in their entirety, you are not authorized to subscribe to any of the Mondia Services or use the Mondia solutions or products in any manner. We reserve the right to make changes to the Terms at any time. Your continued usage of the Mondia Service after any such modification and notification thereof shall constitute your consent to such modification.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT, BY USING THIS WEBSITE, CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING A SUBSCRIPTION AGREEMENT TO ANY OF MONDIA SERVICES OR AN ORDER THAT REFERENCES THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1) Scope and Application
Our Privacy Statement governs the collection and use of information through all the features, functionalities, products, and content offered by Mondia through its platform or website (the “Mondia Service
”). By submitting your Personal Information to us, you consent to such information being processed in accordance with our Privacy Statement. The Privacy Statement is incorporated by reference into and is made a part of this Agreement.
ALL ORDERS OF PRODUCTS THROUGH THE MONDIA SERVICE ARE SUBJECT TO YOUR CONSENT TO ANY APPLICABLE END-USER LICENSE AGREEMENT OR USAGE TERMS DELIVERED WITH, INCLUDED IN, OR PRESENTED IN CONNECTION WITH THE PRODUCT. If you do not agree to the license or usage terms once you see them, do not accept them and contact customer service.
ALL ACCEPTED ORDERS ARE FINAL, NON-CANCELABLE AND NON-REFUNDABLE, EXCEPT AS SPECIFIED IN THE RETURNS POLICY APPLICABLE TO YOUR PURCHASE.
2) Access Credentials and Unauthorized Use; Revocation of Access
You are responsible for ensuring the security and confidentiality of any credentials we provide to enable the use of the Mondia Service, including not sharing those with any other person. You shall immediately notify Mondia at [email protected]
of any information or event that may compromise the security of those access credentials. Mondia may suspend or revoke your access to and use of the Mondia Service at any time in its sole discretion for any or no reason. Unauthorized use of the Mondias Service, including but not limited to misuse of access credentials, is strictly prohibited.
3) Order Placement and Acceptance; Online Contracting
Mondia attempts to describe the tangible goods or intangible items, including digital content, software, licenses, or services, that are offered for sale or distribution through the Mondia Service available for purchase as accurately as possible (“Products
”). However, Mondia does not warrant that the prices, quotations, anticipated delivery dates, and descriptions made or referred to on the Mondia Service or any related websites are accurate, complete, reliable, current, or error-free. The prices, quotations and descriptions made on the Mondia Service are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express Acceptance of your order (as defined below).
All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Mondia Service, or otherwise made available by Mondia or a third-party entity or individual that supplies or provides products or services that are offered for sale through the Mondia Service (“Vendor
”), are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the Vendor specifications or warranty documentation to determine your rights and remedies in this regard.
While Mondia makes every effort to ensure that Products appearing on the Mondia Service are available, Mondia cannot guarantee that all Products are in stock or immediately available when you submit your order. Mondia may reject your order (without liability) if Mondia is unable to process or fulfill it. If this is the case, Mondia will refund any prior payment that you have made for that Product.
An order submitted by you only constitutes an offer by you to us to purchase Products through the Mondia Service subject to these Terms at the price and on the terms stated in the order, and is subject to our subsequent Acceptance (as defined below), irrespective of whether the button or link you press or activate to submit your order to us includes words such as “complete order” or otherwise indicates that it is the final step in completion of your order. Any order confirmation email received by you prior to our Acceptance shall constitute an acknowledgement of our receipt of your offer only, and not an acceptance of your offer.
You acknowledge and agree that if you are placing an order with the Mondia Service through a website or other electronic application, by clicking or activating the button or hyperlink to submit your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications in order to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw your consent to electronic contracting and to electronic delivery at www.mondia.com
but if you do, Mondia may cancel your order and/or your access to the Mondia Service and services provided by third parties in connection with the Mondia Service (“Third Party Services
”). If you do not consent to receive any notices electronically, you must stop using the Mondia Service.
Our acceptance of your order only occurs at such time that Mondia has both (a) dispatched your Product order and/or provided you with access to the Mondia Service, and (b) received payment of the purchase price of your order through settlement of funds via your provided credit card or other payment method (“Acceptance
”). Mondia may cancel your order at any time and for any lawful reason prior to Acceptance. Prior to Acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
Mondia may keep records of orders received, acknowledgements, acceptances and other contract records after Acceptance for a period not to exceed the maximum period permitted by law. Mondia may be able to provide you with copies on written request; however, you must make sure you print a copy of all such documents and these Terms for your own records.
If Mondia has cause to believe that you are unable to pay your debts as they fall due, you fail to pay any amount by the due date or breach any of these Terms, Mondia believes you have engaged in fraud or criminal activity in connection with your use of the MondiaEcommerce Solution, or Mondia is unable to process payment to the payment method you provided with your offer, then, without prejudice to any of our other rights, Mondia may do any or all of the following: (a) stop any Products in transit to you; (b) suspend further deliveries of Product if on an ongoing basis; (c) stop or suspend provision of the Mondia Service; (d) cancel or revoke issued service use rights for Third Party Services; (e) cancel any automatic renewal plan in which you have elected to participate; and/or (f) cancel any and all other contracts between us and you.
4) Pricing and Payment Terms
Prices do not include sales taxes, or use taxes, if applicable, which will be added to your total price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. If the price of a Product is obviously incorrect, regardless of whether it is an error in a price posted on the Mondia Service or otherwise communicated to you, then Mondia reserves the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
Prices payable for Products on the Mondia Service are those in effect at the time of Acceptance, unless otherwise expressly agreed. Prices may be indicated on the Mondia Service or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance through the charge placed through your selected payment method. Payment shall be made by the payment method selected during your order completion process through the Mondia Service. Mondia will charge credit or debit cards on dispatch of the Product. Mondia reserves the right to verify and/or authorize credit or debit card payments prior to Acceptance.
Except as expressly provided elsewhere in these Terms or the Mondia Service, payment may be taken in full notwithstanding any claim for short delivery or defects.
Where the payment is invoiced, each invoice shall be due and payable in full by the due date specified on the invoice, and if no date is specified on the invoice, the invoice shall be due and payable immediately If you fail to pay invoiced amount when due, Mondia may (a) by notice declare all invoiced amounts unpaid at that date to be immediately due and payable, and (b) take all actions determined necessary and appropriate by us to collect such unpaid amount, as permissible under applicable law.
No counterclaim or set-off may be deducted from any payment due without our written consent. Mondia may also take action against you for the price of Products at any time after payment has become due even though title or rights to those Products may not yet have passed to you.
If you elect to use the services of a third party payment or billing provider in connection with your purchase from us, your use of such services will be subject to the third party provider’s own terms and conditions. You may be required to create an account with such third party provider and/or provide that third party provider with your bank account or credit/debit card details. Mondia is not responsible for, and you agree to hold us harmless from and against any liability resulting from, the acts or omissions of any third party payment or billing provider.
For any overdue amounts, Mondia may charge interest on such amounts, accruing on a daily basis at the maximum amount permitted under applicable law from the due date for payment until our receipt of the full amount (whether before or after judgment). You shall indemnify us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
Mondia will use all commercially reasonable efforts to deliver Products in a timely manner. For Products delivered electronically, Mondia will deliver such Products by electronic transmission or via download. Delivery timescales/dates specified on the Mondia Ecommerce Solution, in any order acknowledgement or elsewhere are estimates only.
The places that Mondia delivers to is Egypt. Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address
”). You must check the Delivery Address on any order acknowledgement or Acceptance Mondia provides, and notify us of errors or omissions as soon as possible. Mondia reserves the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
Where Mondia delivers Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you (a) for Products delivered digitally, upon the provision to you of a download link for Software (as defined below), or of a license key or Service Use Rights (as defined below), via email or other electronic delivery method; and (b) for Products delivered physically, upon delivery of a product to the delivery location (if no signature is required for delivery, you accept all risk of loss for theft or loss of the delivered product following delivery to the delivery location).
6) Rejection, Damage or Loss in Transit
Except as set out above or under any applicable returns policy presented on the Mondia Ecommerce Solution and applicable to your purchase of a Product or Mondia Service (“Returns Policy
”) and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
Mondia shall not be liable and you shall not be entitled to reject Products, except for:
- 6.1.1. Damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) for which you notify us in writing of such damage or loss within five (5) business days of your receipt of the Products (if damaged) or five (5) business days of the anticipated delivery date of the Products (if lost);
- 6.1.2. Defects in Products (not being defects caused by any act, neglect or default on your part) for which you notify us of such defect within thirty (30) calendar days of your receipt of the Products.
Mondia shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use; or use in any manner inconsistent with the manufacturer’s specifications or instructions.
If you refuse or fail to take delivery of Products, any risk of loss or damage to the Products shall nonetheless pass to you and without prejudice to any other rights or remedies Mondia has:
- 6.3.1. Mondia shall remain entitled to payment in full for the Products delivered;
- 6.3.2. Mondia may effect delivery by whatever means Mondia considers appropriate or store Products at your risk, and you shall be liable for, and shall pay on our demand, all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; and
- 6.3.3. Mondia shall be entitled thirty (30) calendar days after the agreed date for delivery to dispose of Products in such manner as Mondia determines and may set off any proceeds of sale against any sums due from you.
Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within seven (7) calendar days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.
Where there is a shortage or failure to deliver, or any defect in or damage to a Product, Mondia may at our option:
7) Third-Party Warranties, Software and Service Use Rights
- 6.5.1. (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
- 6.5.2. in the case of failure to perform or defective performance of a Product, make good such failure or defective performance; and/or
- 6.5.3. in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy:
- 184.108.40.206. Replace or repair the Product upon you returning the Product; or;
- 220.127.116.11. Refund the price paid in respect of any Products found to be damaged or defective. However, your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where Products have been repaired or altered by persons other than the manufacturer, us or any authorized dealer; defective Product or Products have not been returned together with full details in writing of the alleged defects within thirty (30) calendar days from the date on which such Products were delivered; and/or defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers’ instructions or other directions issued or made available by us in connection with the delivered Products.
You will have the benefit of any manufacturer’s, licensor’s or supplier’s warranty provided by the manufacturer, licensor or supplier to you in connection with your purchased Products and should refer to the relevant documentation supplied with the Product in this regard. (If applicable, the Returns Policy may also set out procedures applicable to repairs or replacement of defective Products delivered.) Mondia expressly disclaims any obligations with respect thereto.
Where any Product supplied is or includes software (“Software
”), this Software is licensed to you (and not sold to you) by the licensor/owner subject to their license agreement or terms included with such Software or presented during your checkout process or software installation process (“License Terms
”). In addition:
- 7.2.1. Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
- 7.2.2. Save to the extent provided for in any applicable License Terms, your rights of return and/or to a refund under these Terms and any applicable Returns Policy do not apply in the event that you open the Software shrink-wrap and/or break the license seal and/or use the Software.
- 7.2.3. Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided ‘as is’ without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and Mondia does not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or Vendor of the Software.
With respect to your purchase of a Service Use Right (as defined below) associated with a software-as-a-service, platform-as-a-service, or infrastructure-as-a-service offering operated and provided by a third party (“Third Party Service
”), Mondia is selling you an intangible right to access, use, and/or participate in such Third Party Service for a specified usage duration (a “Service Use Right
”). You agree and acknowledge that these Terms only apply to our sale of Service Use Rights to you, and do not apply to your use of a Third Party Service. The company or entity that operates the Third Party Service is solely responsible for fulfilling, operating and providing the Third Party Service for which Mondia resells you a Service Use Right. You agree to hold us harmless from and against any liability resulting from your use of, or inability to use, a Third Party Service, except that Mondia (either directly or through our subcontractor) will provide reasonable customer support to you in connection with the fulfillment to you of access credentials as part of your purchased Service Use Right. Mondia disclaims any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and Mondia does not offer any warranties or guarantees in relation to the availability, use or results from using any Third Party Service for which Mondia sells Service Use Rights. You are advised to refer to any Service Terms with regard to determining your rights against the operator of a Third Party Service.
8) Waiver and Limitation of Liability; Risk Allocation
8.1. YOU UNDERSTAND AND AGREE THAT MONDIA IS NOT THE MANUFACTURER OF THE PRODUCTS MONDIA OFFERS FOR SALE, AND IS NOT THE OPERATOR OF THIRD PARTY SERVICES FOR WHICH MONDIA OFFERS SERVICE USE RIGHTS FOR SALE THROUGH THE PROPERTY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCTS AND THE MONDIA SERVICE ARE PROVIDED TO YOU “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. MONDIA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. UNLESS AGREED OTHERWISE OR REQUIRED BY APPLICABLE LAW, ANY WARRANTIES PROVIDED IN RELATION TO PRODUCTS OR MONDIA SERVICE ONLY EXTEND TO YOU ON THE UNDERSTANDING THAT YOU ARE A USER AND NOT A RESELLER OF THOSE PRODUCTS.
8.2. MONDIA HAS PRICED PRODUCTS AVAILABLE FOR PURCHASE FROM EGYPT UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (a) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS AND/OR MONDIA SERVICE WHICH GIVE RISE TO SUCH LIABILITY; AND (b) NEITHER MONDIA NOR OUR VENDORS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF BUSINESS) IN CONNECTION WITH YOUR USE OF THIS SITE OR YOUR PURCHASE OR USE OF ANY PRODUCT OR MONDIA SERVICE, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MONDIA WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS.
8.3. PLEASE NOTE THAT MONDIA MEDIA EGYPT LLC IS NOT A PAYMENT SERVICE PROVIDER (PSP). WE DO NOT HANDLE OR PROCESS PAYMENTS DIRECTLY. WHEN MAKING A PURCHASE ON THE MONDIA SERVICE, YOU WILL BE REQUIRED TO PROVIDE PAYMENT INFORMATION AND COMPLETE THE PAYMENT PROCESS THROUGH A THIRD-PARTY PAYMENT OR BILLING PROVIDER, SUBJECT TO THEIR TERMS AND CONDITIONS. ANY PAYMENT-RELATED ISSUES, DISPUTES, OR LIABILITIES SHOULD BE ADDRESSED DIRECTLY WITH THE RESPECTIVE PAYMENT PROVIDER. MONDIA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR PAYMENT PROCESSING OR RELATED ACTIVITIES HANDLED BY THIRD-PARTY PROVIDERS. OUR ROLE IS LIMITED TO FACILITATING THE SALE OF PRODUCTS AND PROVIDING ACCESS TO THE MONDIA SERVICE.8.4. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS LIMIT OUR LIABILITY TO YOU FOR ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us, our subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to (a) any Products purchased by you in connection with your use of the Mondia Ecommerce Solution (including without limitation your use of any Third Party Service for which you purchase Service Use Rights from us), or (b) the violation of Section 9 of these Terms by you, your employees, consultants, agents, distributors, or customers.
To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, Mondia shall have no liability to you in the event of the Products or the Mondia Service infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. MOndia shall be obliged to transfer to you only such right or title as Mondia has.
Any notice or other communications in relation to these Terms may be given by sending the same by hand delivery, pre-paid post, fax or e-mail (a) with respect to notices and communications to you, to the address and contact information you provided in connection with your purchase of Products and/or Mondia Service; and (b) with respect to notices and communications to us, to the address listed at the beginning of these Terms or as otherwise specified in your order confirmation email or notification of Acceptance. These will also be the addresses for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
10) Dispute Resolution by Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU AND MONDIA TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND MONDIA CAN SEEK RELIEF FROM EACH OTHER, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW
- 9.2.1. If posted, five (5) business days after the date of posting;
- 9.2.2. If by fax, on the date of the transmission as evidenced by a successful transmission contact report (or, if this is not a business day, the first business day thereafter).
- 9.2.3. If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
This Section 10 applies to all purchasers to the fullest extent allowable by law. You and Mondia agree that any and all past, present and future disputes, claims, or causes of action (a) arising out of or relating to any aspect of the relationship between you and us; (b) against Mondia that arise out of your use of the Mondia Service or a Product; (c) regarding the existence, validity and scope of this agreement to arbitrate; or (d) any other controversies or disputes between you and Mondia or any of Mondia’s affiliates, licensors, distributors, suppliers or agents, whether arising prior to or after you agreed to the Terms (collectively, “Dispute(s)
”), shall be determined by arbitration in accordance with the provisions set forth under the International Chamber of Commerce (ICC) Rules (“the Rules”), by one or more arbitrators appointed in compliance with the Rules. The seat of arbitration shall be Dubai, and the arbitration proceedings shall be conducted in English.
“Country of Residence” for purposes of this Section 10 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Mondia Service, or purchase or attempt to purchase any of the Products. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.
By agreeing to these Terms, you and Mondia each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under Section 11.10 below.
Mondia will make every reasonable effort to resolve any disagreements that you have with us. Before filing a claim against Mondia for any Dispute, you agree to try to resolve the Dispute informally by contacting us at [email protected]
. In the event that Mondia cannot resolve a disagreement to your satisfaction within 30 days after the email noting the Dispute is sent (or if Mondia cannot informally resolve a concern Mondia may have with you after attempting to do so informally), then you and Mondia agree that except as expressly provided in Section 11.10, any Dispute will be governed by the procedure outlined in this Section 11.
11) Governing Law
Any Dispute shall be governed by the laws of Egypt, without regard to or application of its choice of law rules or conflicts-of-laws principles.
These Terms sets forth the entire understanding between you and us with respect to your use of the Mondia Service and your purchase of Products from Mondia, and supersedes any and all prior or contemporaneous communications, agreements, and representations, whether written or oral, related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. Mondia may engage the services of subcontractors or agents to assist Mondia in the performance of its obligations related to these Terms. You may not assign or transfer your rights under these Terms, and any purported assignment or transfer shall be void. No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. If for any reason Mondia determines or an arbitrator or court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction: (a) these Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (b) in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect. By agreeing to these Terms, you acknowledge and agree that any rights you may have as a consumer under the Egyptian Customer Protection Law are not affected or limited by these Terms, and any provisions in these Terms that may limit or exclude liability shall not apply to the extent that they are prohibited by the Egyptian Customer Protection Law.