Terms of Services
The following terms when used in these makhsoom deals Terms of Service or any document referred to herein shall have the following meaning:
"Agreement" means these makhsoom deals Terms of Service.
"Voucher" means a voucher issued by makhsoom to you on behalf of a Merchant which entitles you to purchase the Merchant's products and/or services at a discounted rate.
"makhsoom" means makhsoomdeals, a corporation organized under the laws of Lebanon, with an address at Beirut - Damascus Road
"makhsoom Website" means any of the websites operated by makhsoom for the provision of the Service, including, but not limited to makhsoom.com.
"Merchant" means a merchant offering to sell goods and/or services at a discounted rate via the Service.
"Order" your offer to purchase a Voucher via the Service.
"Restaurant" means a Merchant that offers food and/or beverages for sale in the course of its business and is making such food and/or beverages available to purchasers of Vouchers.
"Service" means makhsoom, the online discount voucher service operated by "makhsoom" via the makhsoom Website, consisting of information and advertising services, content and transaction capabilities provided by makhsoom, affiliates of makhsoom and other third parties. Where applicable in this Agreement any reference to usage, receipt or provision of the Services shall be deemed to include any access to and/or usage of the makhsoom Website.
"Web" means the public internet.
"You" means you, the end user of the Service. "Your" shall be construed accordingly.
This Agreement sets out the terms and conditions that apply to the provision of the Service by makhsoom and to any Order placed on the makhsoom Website in connection with the Service and by using the Service you agree to comply fully with it. You may only use this Service if you are 18 years of age or older. If you do not agree to this Agreement, or if you are under the age of 18, you should immediately refrain from using the Service.
3. Service Availability
You acknowledge that interruptions in the Service and/or other events may occur that are beyond the control of makhsoom, and that makhsoom shall not be responsible for any data lost while transmitting information on the Web or otherwise. While makhsoom aims to make the Service accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of makhsoom, access to the Service may be interrupted, suspended or terminated from time to time.
4. Equipment, Account Management and Security
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service and you will be solely responsible for all charges related thereto. makhsoom shall not be liable for any damage to your equipment resulting from your use of the Service.
You are required to create an account in order to use the Service. This is required so we can provide you with easy access to print your Orders, view your past purchases, modify your preferences, and to ensure permissible use of the Service.
You are responsible for protecting the confidentiality of your password(s), if applicable.
5. Your Use of the Service
You agree that your use of the Service will at all times be lawful. You agree not to post or transmit through the makhsoom Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without makhsoom's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in makhsoom's sole discretion restricts or inhibits any other end user of the Service from using or enjoying the Service is strictly prohibited. You agree not to use the makhsoom Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the Service to become users of other on- or offline services directly or indirectly competitive or potentially competitive with makhsoom.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of makhsoom, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
In order for a deal to be eligible for referral credit, it has to be at least of equal or higher value than USD 10. Deals valued USD 10 and below are not eligible for referral credit.
Self referrals & referrals made on the same IP are not valid & do not apply.
Purchases on the same card are not eligible for referral credit.
6. Intellectual Property
All content located on or in the makhsoom Website is the exclusive property of makhsoom or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE MAKHSOOM WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF MAKHSOOM IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.
The makhsoom Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of makhsoom protected by copyright as a collective work under the United States copyright laws. makhsoom owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of makhsoom and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the makhsoom Website shall not be deemed to be in the public domain but rather the exclusive property of makhsoom, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of makhsoom, unless otherwise stated.
You shall not upload, post or otherwise make available on the makhsoom Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. makhsoom does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the makhsoom Website, you warrant that the owner of such material has expressly granted makhsoom the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant makhsoom the right to edit, copy, publish and distribute any material made available on the makhsoom Website by you.
The foregoing provisions of Section 6 apply equally to and are for the benefit of makhsoom, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
"makhsoom" is a trademark of Grape Technology Group, Inc., an affiliate of makhsoom, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the makhsoom Website are the property of their respective owners.
7. No Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER MAKHSOOM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MAKHSOOM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL MAKHSOOM, OR ANY PERSON OR ENTITY INVOLVED IN PROVIDING THE SERVICE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL, WITHOUT LIMITATION, APPLY TO ALL CONTENT ON THE MAKHSOOM WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MAKHSOOM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
MAKHSOOM IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, ANOTHER USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE MAKHSOOM WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MAKHSOOM. FURTHERMORE, MAKHSOOM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE IN ITS SOLE DISCRETION.
You agree to defend, indemnify and hold harmless makhsoom, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of your use of the Service.
makhsoom shall have the right at any time to change or discontinue any aspect or feature of the Service including, but not limited to, Merchant deals, content, hours of availability and equipment needed for access or use. Further, makhsoom may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
makhsoom reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this Agreement from time to time in order that you stay informed as to any such changes. If we make changes to this Agreement and you continue to use the Service, you will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon makhsoom posting them on the makhsoom Website. Any use by you of the Service after such notice shall be deemed to constitute acceptance by you of such modifications.
makhsoom shall have the right, but not the obligation, to monitor the content of the makhsoom Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Service, to determine compliance with this Agreement and any operating rules established by makhsoom, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, makhsoom shall have the right to remove any material that makhsoom, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. License Grant
By posting communications on or through the makhsoom Website, you shall be deemed to have granted to makhsoom a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
makhsoom may terminate this Agreement and/or the provision of the Service at any time. Without limiting the foregoing, makhsoom shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which makhsoom, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
The provisions of this Section 15 as well as Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17 and 19 will survive termination of this Agreement.
16. Third Party Content
makhsoom, similar to any Web service provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, makhsoom has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of makhsoom. Neither makhsoom nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, end user, or other user not under contract with makhsoom. makhsoom neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on makhsoom by anyone other than authorized makhsoom employee spokespersons while acting in official capacities. Under no circumstances will makhsoom be liable for any loss or damage caused by your reliance on information obtained through makhsoom. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through makhsoom.
The makhsoom Website may contain links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by makhsoom of the contents on such third-party sites and makhsoom hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Unless you have executed a written agreement with makhsoom expressly permitting you to do so, you may not provide a hyperlink to the makhsoom Website from any other website. makhsoom reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, along with the terms and conditions set forth on the Voucher and the terms and conditions set forth on the face of the offer, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
makhsoom's headquarters are Beirut - Lebanon. Legal issues arising out of, but not exclusive to your ge of the Service shall be governed by and in accordance with the laws of Lebanon (exclusive of its rules regarding conflicts of laws). By using the Service you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the makhsoom Website shall be finally settled by arbitration in Lebanon under the rules of Lebanon.
19. Voucher Redemption
The Voucher you purchase via the Service is redeemable for the goods and/or services of a specific Merchant. You acknowledge and accept that the Merchant, not makhsoom, is the seller of the goods and services and is solely responsible for redeeming any Voucher you purchase.
Your usage of Vouchers purchased by you via the Service shall be subject to the following additional terms and conditions:
(i) Terms and Conditions for All Merchant Vouchers
- All Vouchers printed from the makhsoom Website or any website associated with makhsoom are promotional Vouchers that are offered to you below their face value and are subject to the terms and conditions of makhsoom and the participating Merchant or Restaurant.
- This Agreement incorporates by reference the legal terms and conditions set forth on the face of each Voucher and also the legal terms and conditions set forth on the face of the offer. In the event of any conflict between the terms and conditions expressly set forth in this Agreement and any terms and conditions set forth on either the face of the offer or on the Voucher itself, the express terms and conditions of this Agreement shall prevail.
- The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect you, whether caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Vouchers are non-refundable and non-transferrable.
- Neither the makhsoom nor the Merchant is responsible for lost or stolen Vouchers or a Voucher's reference number.
- Reproduction, sale or trade of a Voucher is prohibited unless done so in compliance with the law.
- Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
- Void to the extent prohibited by law.
- The Voucher offer (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the Voucher (which is usually less than the original face value of the Voucher) to the extent required by applicable law.
- If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid USD 20 for a Voucher which entitles you to purchase USD 50 of product by June 1, 2011 and you make a purchase for USD 40 on May 31, 2011, you will not be entitled to a credit or cash equal to the difference between the USD 50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
- According to the laws of the respective states in which you purchased your Voucher, and in which you wish to redeem your Voucher with the Merchant, the Merchant is responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid USD 20 for a Voucher which gives you USD 50 of value to the Merchant, the cash value that you paid is USD 20, not USD 50), for a period of time that may extend beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer which is stated on the Voucher, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of makhsoom, as makhsoom is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.
(ii) Terms and Conditions for Restaurant-Specific Vouchers
- Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer.
- Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
- It is at the discretion of the Restaurant to determine whether Vouchers can be combined with any other restaurant certificates, third party certificates, vouchers, or promotions.
- Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine in only unless otherwise stated.
- All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. makhsoom's sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and makhsoom has no role in such determination or action on the part of the Merchant.
(iii) Terms and Conditions for Non-Restaurant Merchant Vouchers
- Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Voucher per redemption. Only one Voucher can be used per Order unless otherwise specified by Merchant.
- Vouchers cannot be combined with any other gift certificates, third party certificates, vouchers, or promotions, unless otherwise specified by Merchant.
makhsoomkash is the makhsoom deals Loyalty and Referral Program. If a deal is eligible for a makhsoomkash referral award, it will be noted on the offer page for the deal, and the amount of the award may vary from deal to deal. Although most deals are eligible for a makhsoomkash referral award, makhsoom reserves the right, in its sole discretion, to exclude some deals from the program. All references on the makhsoom Websites to monetary rewards for referral invitations are for makhsoomkash only, not actual cash currency. makhsoomkash is available only to registered users of makhsoomdeals is not redeemable for cash.
In order to receive makhsoomkash, the following conditions must be satisfied: (i) you must be a registered user of makhsoom deals; (ii) you must refer a makhsoomkash-eligible makhsoom deal to a friend using the unique URL; and (iii) such friend must register with makhsoom deals and successfully make a purchase on the makhsoom Website, which purchase must be such friend's first purchase with makhsoom deals. If all such conditions are satisfied, makhsoom will credit your account with makhsoomkash in the amount indicated in the referred makhsoom deal and you will receive a notification of the award to your registered email account. All outstanding makhsoomkash balances will be automatically applied to your payment for your next subsequent purchase on a makhsoom Website (applying the oldest makhsoomkash funds first). Your makhsoomkash will be applied against the full or partial amount and you may use the entire balance of makhsoomkash in one purchase (thus it is possible to purchase a Voucher for free). You may use the balance to buy deals in multiple quantities. Your makhsoomkash can be used in any qualifying city in your home country
The following restrictions also apply to your use of makhsoomkash: (i) you can only earn up to USD 10 from friends' first purchases; (ii) unless otherwise specified, makhsoomkash expires exactly 60 days from the day it was first applied to your makhsoomdeals account; and (iii) makhsoom deals reserves the right, in its sole discretion, to delete or reduce your makhsoomkash account if there is a suspicion of fraud or misuse of the makhsoomkash Loyalty and Referral Program or a breach by you of these makhsoomdeals Terms of Service.