I. INTRODUCTION

Welcome to Emarfix

Emarfix (Emarfix primarily operates, controls, and manages the Services (as defined below)).
Emarfix is a platform providing services related to all repair and maintenance solutions. The services offered by Emarfix include the website www.Emarfix.com and other features, content, or applications offered from time to time in connection with the said website (collectively referred to as “The Website” or “Emarfix Services”). The website is hosted in the UAE and is intended to be viewed globally.

By accessing the Website or using Emarfix Services, you agree to have read and unambiguously and irrevocably accepted this Agreement, whether you are a “Visitor” (which means you simply browse the Website or view the content available thereon) or a “Member” (which means you have registered with the website as a member). The term “User” refers to a visitor or a Member. You are only authorized to use Emarfix Services (regardless of whether your access or use is intended) if you agree to abide by this Agreement and all applicable laws governing this Agreement. Please read this Agreement very carefully. If you do not agree to be bound by this Agreement in entirety, you should leave the Website and not use Emarfix Services in any manner. Your use of any of the Emarfix Services constitutes your acceptance of this Agreement.

II. ACCEPTANCE OF TERMS

1. You unconditionally and irrevocably confirm that you have read this Agreement, which also refers to and includes as an integral part, all of which are incorporated by reference in this Agreement as though set out fully herein:
   a) The Privacy Policy of Emarfix
   b) The Disclaimers
   c) Additional terms and conditions applicable to specific areas of the Website;
   d) Any terms disclosed to and agreed to by you if you avail of any Emarfix services.

2. This Agreement for Use of the Website and Emarfix Services (“this Agreement”) between you and Emarfix (which terms shall be deemed to individually and collectively include its related entities and persons owning or controlling the Website, (mobile applications), blog, social media accounts, or software programs developed by them and related hereto) along with the Privacy Policy (“the Privacy Policy”) sets forth the legally binding agreement between Emarfix and you.

3. These Terms of Use contain provisions that define your limits, legal rights, and obligations with respect to your use of and participation in (i) the Emarfix website and mobile application, including classified advertisements, forums, various email functions, and Internet links, and all content and Emarfix services available through the domain and sub-domains of Emarfix located at www.Emarfix.com and (ii) the online transactions between users of the Website who are offering services (each, a “Service Professional”) and those users obtaining services (each, a “Service User”) through the Website (such services, collectively, the “Services”).

4. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including information, private and public messages, advertisements, and other materials or services on the Website.

5. The Website is owned and operated by Emarfix.

6. Emarfix may modify or make changes to this Agreement and/or Emarfix Services at any time, effective immediately upon posting it on the website. You agree to periodically check the website to take note of any changes to this Agreement.

III. ELIGIBILITY, ACCESSIBILITY, AND REGISTRATION OBLIGATIONS

By using Emarfix Services and becoming a Member, you represent and warrant that:

1. You are at least 18 years of age or older and are legally competent to enter into this Agreement and abide by its terms and conditions;
2. All materials of any kind submitted by you to Emarfix through the Website or for inclusion on the Website will not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights;
3. You agree to only view, visit, and retain a copy of pages of the Website for your personal use and not engage in copying, duplicating, publishing, modifying, or distributing the information present on the Website unless specifically authorized by Emarfix.
4. You are solely responsible for maintaining the confidentiality of your Account and Password and accept responsibility for all activities that occur under your account and password.
5. You agree to immediately notify Emarfix of any unauthorized use of your password or account or any breach of security.

IV. DISCLAIMERS & LIMITATION OF LIABILITY

1. Emarfix does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Emarfix expressly disclaims any and all liability in connection with all Submitted Content.
2. Emarfix reserves the right to remove any Data or Submitted Content without prior notice. Emarfix may also terminate a user’s access to the Website if they are determined to be a repeat infringer.
3. Emarfix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of Submitted Content.
4. You acknowledge and agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users is provided on a non-proprietary and non-confidential basis.
5. Emarfix is not responsible for the photos, profiles, and other content that you publish or display on or through the Website.

V. DISCLOSURE OF INFORMATION

Emarfix may disclose user information including personal details if it believes that such disclosure is necessary for compliance with a legal process, to protect rights, enforce this Agreement, or deter illegal behavior (including fraud).

VI. SEVERABILITY

If any provision of the Terms of Use is held to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

VII. INDEMNITY

You agree to indemnify and hold Emarfix, its subsidiaries, affiliates, officers, agents, and other partners harmless from any loss, liability, claim, or demand arising out of your use of the Website or breach of the Terms of Use.

VIII. INTELLECTUAL PROPERTY

1. The On-line Materials are Emarfix’s intellectual property and are protected by international intellectual property laws. The On-line Materials may not be copied or redistributed without the prior written consent of Emarfix.
2. You acknowledge and agree that Emarfix will own all rights, titles, and interests in any modifications or derivative works made by or for you.

Trademarks

Emarfix and related logos are trademarks of Emarfix and protected by intellectual property rights. They may not be used in connection with any service not offered by Emarfix.

Copyright

1. You may not post, modify, distribute, or reproduce in any way any copyrighted material, or other proprietary information belonging to others without obtaining prior written consent from the owner of such proprietary rights. Emarfix reserves the right to terminate the Membership of any Member who infringes or repeatedly infringes the copyright or any other intellectual property rights of others.

2. All content on Emarfix, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property and copyright work of Emarfix, its users, content suppliers, or licensors, and is protected by copyright, trademarks, patents, or other intellectual property laws. The compilation of content on the Site is the exclusive property and copyright of Emarfix and is protected by intellectual property rights.

IX. Limited License

1. Emarfix grants a limited, non-exclusive, revocable, and non-transferable license to access and utilize the Website in accordance with these Terms and Conditions. Emarfix reserves the right to change, suspend, or discontinue any part of the Website at any time, or suspend you from accessing certain sections, as deemed appropriate.

2. Emarfix may, without notice or liability, impose limitations on features or restrict access to portions of the Website. Users shall have no rights to any proprietary software or related documentation provided to access the Website.

X. Rules for Service Professionals

1. Profiles and Offers: Service Professionals must not list services that misrepresent the service or location. Fraudulent offers or misleading service descriptions are prohibited.

2. Circumventing Fees: Service Professionals must not use external links or charge fees outside the platform to bypass the established fees.

3. Consent for Communication: By registering, Service Professionals consent to being contacted via mobile, email, or SMS for relevant communications.

4. Sanctions for Violations: Emarfix reserves the right to suspend, terminate, or limit account privileges if a Service Professional violates any of the platform’s rules.

XI. Fees Incurred by Service Professionals & Service Users

1. For Service Professionals: Joining Emarfix, posting services, and viewing services are free. Emarfix may charge fees for additional services or features at its discretion.

2. For Service Users: Joining, viewing, and bidding are free. Emarfix reserves the right to charge transaction fees in the future and may notify users of changes 30 days in advance.

XII. Multi-Currency Priced Transactions

The price displayed and currency selected will be charged to your card. Any additional charges such as VAT will be clarified as “Total to pay.”

XIII. Purchases and Payments

Emarfix accepts Visa and Mastercard for payments. Refunds will be processed to the original payment method.

XIV. Office of Foreign Assets Control (OFAC) Sanctioned Countries

Emarfix does not trade with individuals or companies from OFAC-targeted countries or entities involved in illegal activities such as terrorism or drug trafficking.

XV. Feedback

As a participant, you agree to use sound judgment when leaving Feedback for another user. Inappropriate use of Feedback, such as leaving biased or threatening comments, will result in sanctions. Emarfix holds the discretion to remove Feedback and take corrective actions.

1. Sanctions for Inappropriate Use of Feedback

Violation of Feedback rules may lead to the removal of Feedback, suspension of Account privileges, or account termination.

2. Dispute Resolution

In the event of a dispute regarding Feedback, Emarfix will act as the final arbitrator and reserves the right to take any action it deems necessary.

XVI. NO DISCRIMINATION

The laws of the United Arab Emirates prohibit any preference, limitation, or discrimination based on race, colour, religion, sex, ethnic origin, age, caste, doctrine, handicap, or other protected class. EmarFix will not knowingly accept any posting that violates the law. We reserve the right, at our sole discretion and without prior notice, to immediately remove any posting that is discriminatory or in violation of any applicable law.

XVII. TAXES

EmarFix acts solely as an intermediary for the collection of rents and fees between Service Users and Service Professionals who choose to enter into an agreement for services. You agree that you are solely responsible for any VAT requirements and should consult tax advisors for guidance. EmarFix does not offer tax advice and is not liable for any tax obligations of Service Users or Service Professionals.

XVIII. FORCE MAJEURE

Neither EmarFix nor you shall be liable to the other for any delay or failure in performance under these Terms and Conditions, except for payment obligations, arising out of a cause beyond its control and without fault or negligence. Such causes may include, but are not limited to, fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of war (declared or undeclared), acts of regulatory agencies, or national disasters.

XIX. TRANSFER OF RIGHTS AND OBLIGATIONS

You grant EmarFix the right to transfer, assign, or otherwise delegate any or all of its rights, obligations, and liabilities under this User Agreement to any of its affiliates without requiring further agreement from you. EmarFix agrees to notify you of any such transfer via a posting on the website. You may not transfer any of your rights, obligations, or liabilities under this User Agreement without the prior written consent of EmarFix.

XX. NO THIRD-PARTY BENEFICIARIES

1. EmarFix is a platform for users to meet and interact regarding the rendering and purchase of services. We are not a party to or controller of any transaction between users of the website, nor do we guarantee that any transaction will be completed or that refunds will be provided.
2. EmarFix is not responsible for any non-performance or breach of contract between users. The contract for the sale of any service is strictly between the Service Professional and the Service User.
3. EmarFix does not guarantee the quality, safety, or legality of services listed or posted, nor the accuracy of any content or listings.
4. EmarFix does not resolve disputes between users, nor is it responsible for errors or omissions related to services offered on the website.

XXI. NOTICE

You agree that EmarFix may provide you with notices, including changes to these Terms and Conditions, via email, regular mail, or postings on the website.

XXII. PRIVACY

EmarFix takes strict physical, organizational, and technological measures to protect your personally identifiable information. However, we have no control over third-party practices. You consent to the processing of your personal information for service provision and marketing communication, as governed by EmarFix’s Privacy Policy.

1. Refund Policy Refunds will only be processed through the original payment method. Once a payment is made, refunds are not possible unless the service has been canceled and not used within 7 days from the date of purchase. 100% cancellation charge applies if the service has been delivered.

2. Entire Agreement This agreement, along with all related policies, constitutes the entire understanding between you and EmarFix regarding the use of the website and services.

3. Dispute Resolution EmarFix encourages users to contact us directly at info@emarfix.com to resolve any disputes before pursuing legal action. We offer alternative dispute resolution options such as mediation or arbitration as alternatives to litigation.

4. Applicable Laws These Terms and Conditions, and any disputes arising between you and EmarFix, will be governed by the laws of the United Arab Emirates. Any legal proceedings will be handled by a court of competent jurisdiction in the UAE.

By continuing to use the website and services, you acknowledge that you have read, understood, and agree to the provisions outlined above.