I. INTRODUCTION

Welcome to the NASMAAKUM Platform. We hope you enjoy the experience! All right, title, and interest in and to NASMAAKUM, as well as any other trademarks, names and logos and all intellectual property rights embodied therein, will at all times remain the property of Invita Company B.S.C. (closed). ‘Invita’ It is important that you, the Customer, read these Terms of Use (“Terms”) before using the Platform and/or any associated services provided by Invita. If you do not understand or are unsure about any aspect of these Terms, please contact us to clarify the matter for you. By accessing or authorizing others to use the Platform, you are agreeing to be bound by the entirety of these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THE PLATFORM. USING THIS PLATFORM INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS PLATFORM IF YOU DO NOT ACCEPT THESE TERMS.

II. DEFINITIONS

‘Invita’ (“Us” or “Our” or “We”) shall mean Invita Company B.S.C. (closed). Any reference to NASMAAKUM in this Policy shall be a reference to Invita. ‘Platform’ shall mean Invita’s NASMAAKUM application. ‘Customer’ (‘You’ and ‘Your’) shall mean any authorized user of the Platform. ‘Enterprise Customer’ means a company, business or organization that has signed a separate user agreement or subscription agreement with Us in order to use the Platform to engage with a Linguist for the purpose of receiving language assistance and culture-oriented advice. ‘Interpreter’ or ‘Linguist’ means a person that uses the Platform to engage with a Customer for the purpose of providing language assistance and culture-oriented advice. ‘Devices’ shall mean your mobile device, PC or tablet used to access the Platform. ‘Linguist Services’ ‘Password’ shall mean the login password created by the Customer to gain full access to his/her account information and the Platform. ‘Two Factor Authentication’ shall mean the second security layer added to the Customer’s account as an additional precaution for a selected number of services or functions. ‘Username’ shall mean the unique personal identification number or name issued or assigned by Us to the Customer for accessing the Platform.

III. SERVICE AND ELIGIBILITY

A) By using this Platform, You hereby confirm that You are at least 21 years old. If You are not yet 21 years old, permission to use the Platform must be granted by a legal guardian who is willing to be responsible for Your use of this Platform. By using the Platform, you hereby confirm that you have explicitly received parental or guardian permission to do so.

B) The services provided on the Platform are subject to the availability of the Interpreters and system maintenance and upgrades, which may cause some or all of the services to slow down or be unavailable for a given period of time.

C) The services provided on the Platform are subject to the Customer’s acceptance of NASMAAKUM’s Privacy Policy, and any other terms and policies as notified by NASMAAKUM from time to time.

D) Types of Two Factor Authentication shall be applied on selected services and functions.

E) NASMAAKUM reserves the right to request further documentation from the Customer in its sole discretion, prior to allowing access to the Platform.

F) Using unsupported and outdated browsers or versions of the Platform may prevent access to Platform.

IV. NO LIABILITY

A) The Customer will be responsible for all transactions, including unauthorized, erroneous, wrong, incorrect, mistaken and/or false transactions made through the use of his/ her Device or through the use of the Platform irrespective of whether such transactions are in fact entered into or authorized by the Customer. The Customer shall be responsible for all loss/damage, if any, suffered in respect of all such transactions.

B) The Platform is not a Linguist, Interpreter or a machine translation tool and does not provide assistance with language, interpretation or culture-oriented advice. While We may recommend certain Linguists based on the Linguist Services requested, We do not endorse any specific Linguist or Interpreter, nor do We have any control or influence over actions or decisions made by users of the Platform. By accepting these Terms, You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made with regard to the Linguist Services are not provided by Us and are specifically and solely between the Customer and the Linguist. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF THE LINGUISTS OR THE OTHER USERS AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS RELATING TO SUCH ACTS OR OMISSIONS OR RELATING TO THE LINGUIST SERVICES.

C) The Customer shall take all possible steps to ensure that his/her Device, login credentials, personal and account confirmation are not shared with any person or third party and shall immediately contact NASMAAKUM to take necessary action in case of suspected fraudulent activity on the Customer’s account.

D) The Customer shall assume full responsibility with regard to the usage and protection of their Username and Password.

E) While NASMAAKUM shall endeavor to carry out the instructions received from the Customer in good faith, it will not be held responsible for the delay and/or failure in carrying out any instructions, for any reason. This shall include but shall not be limited to failure of operational system or any requirement of law. The Customer expressly authorizes NASMAAKUM to access his/her account information, as required for the NASMAAKUM’s provision of the services under the Platform, and also consents to NASMAAKUM sharing information regarding his/ her account with any service provider/ third party as may be required to provide the services under the Platform.

F) NASMAAKUM shall make all reasonable efforts to ensure that the Customer’s information is kept confidential but shall not be responsible for any inadvertent divulgence or leakage of confidential Customer information for reasons beyond its control or by action of any third party.

V. LIABILITY

A) The Customer hereby agrees to indemnify and hold the NASMAAKUM harmless against all actions, claims, demands proceedings, loss, damages, costs, charges and expenses which NASMAAKUM may at any time incur, sustain, suffer or be put to as a consequence of or arising out of or in connection with services provided to the Customer under the Platform.

B) The Customer shall indemnify NASMAAKUM for any unauthorized access to Platform including but not limited to the provision of any information, instruction, or triggers.

C) The Customer shall indemnify NASMAAKUM from any claims and liabilities in the present or future arising from any form of misrepresentation by the Customer including but not limited to information that is not updated relating to the Customer’s mobile number, address or any other required Customer details as may requested by NASMAAKUM from time to time. The Customer acknowledges that any default under this clause (c) may lead to the misguidance or misplacement of information or any error in transmission to or access to the Platform.

D) NASMAAKUM’s failure or delay in exercising any right or remedy hereunder shall not constitute a waiver of any such a right or remedy.

E) These Terms shall be continuing and shall not be affected by any limitations of actions or time except by operation of law and shall remain binding and valid throughout the period the Customer remains registered with NASMAAKUM for availing the services under the Platform

VI. PAYMENTS

A) The Customer agrees to pay all applicable fees related to their use of the Platform and the associated services.

B) NASMAAKUM reserves the right to suspend or terminate a Customer’s account and/or access to the Platform if payments are late and/or the Customer’s offered payment method (e.g., credit card or PayPal account) cannot be processed.

C) By providing a payment method, the Customer expressly authorizes NASMAAKUM to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, depending on the Customer’s particular membership and utilized services.

D) In the event that the Customer chooses to cancel their account, any applicable fees owed by the Customer to NASMAAKUM shall become immediately due and payable.

E) Any fees paid to NASMAAKUM shall not be refundable

VII. TERMINATION

NASMAAKUM reserves the right to immediately block and suspend a Customer’s access to the Platform and terminate these Terms for any reason and at its sole discretion.

VIII. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain. In the event of any conflict arising from these Terms, both parties shall submit to the exclusive jurisdiction of the competent courts of the Kingdom of Bahrain.

IX. MARKETING

NASMAAKUM may send marketing messages to the Customer’s registered contact details with NASMAAKUM for the purpose of advertising of products and services. The Customer may unsubscribe from receiving direct marketing messages and may re-subscribe again at any time at their own discretion.

X. CHANGE OF TERMS

A) NASMAAKUM may change, update, add or remove provisions (collectively, “Modifications”) these Terms from time to time in its absolute sole discretion.

B) If the Customer objects to any Modifications to the Terms, the Customer’s sole recourse shall be to cease using the Platform. Continued use of the Platform following notice of any such Modifications indicates that the Customer acknowledges and agrees to be bound by the Modifications.

XI. CHANGE OR DISCONTINUATION OF CONTENT OFFERED ON THE PLATFORM

A) NASMAAKUM reserves the right to alter the content and services on the Platform at any time without notice to the Customer.

B) NASMAAKUM reserves the right to suspend or discontinue this Platform at any time and without notifying the Customer

XII. USE OF LICENSE

A) By accepting these Terms, NASMAAKUM grants the Customer a limited, personal, non-exclusive and non-transferable license to use the Platform. The Customer’s right to use the Platform is conditioned on the Customer’s compliance with these Terms.

B) The Customer has no other rights in this Platform or any content derived from the Platform.

C) The Customer may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of this Platform or the content derived from the Platform in any manner.

XIII. USE IN HEALTHCARE SETTINGS

A) Customers and Enterprise Customers who intend to use the Platform in a healthcare, clinical or medical setting must select either the “Healthcare” or “Medical Appointment” option under the Platform’s “Scenario” menu (if available for your selected language combination).

B) The Platform will attempt to connect the Customer with the most qualified available Interpreter who meets the highest level of industry standards and other compliance requirements.

C) In the event that demand is high for a specific language pair, and the Platform cannot guarantee an Interpreter who has the necessary domain experience, the Platform may provide the Customer with the option to connect with an Interpreter who does not have the same level of qualifications.

D) Enterprise Customers using this Platform in a healthcare, clinical or medical setting, in addition to the above terms, must agree to abide by all terms contained in any user agreement or subscription agreement signed with NASMAAKUM.

XIV. LINGUISTS / INTERPRETERS

A) Linguists and Interpreters who seek to register as Interpreter on the Platform must be at least 18 years of age and provide the required information in the Platform’s application process.

B) Once the application has been processed, NASMAAKUM will present to the Linguist or Interpreter with the Platform Service Agreement to review and accept.

C) Linguists and Interpreters shall also carefully review the Linguist FAQs which provide additional information regarding the provision of Linguist Services.

XV. LINKS TO THIRD PARTY APPS AND SITES

A) The Platform may from time to time provide links to third-party websites/apps. The Customer is not obligated to review any third-party websites/apps that the Customer is linked to from the Platform.

B) The Customer acknowledges that NASMAAKUM does not control any of the third-party websites/apps, and that NASMAAKUM are not responsible for any of the third-party websites/apps (or the products, services, or content available through any of them). Thus, NASMAAKUM does not endorse or make any representations about such third-party websites/apps, any information, software, products, services, or content found there or any results that may be obtained from using them.

C) If the Customer decides to access any of the third-party websites/apps linked from the Platform, the Customer does this entirely at their own risk and must follow the privacy policies and terms and conditions for those third-party websites/apps.

XVI. SUBMISSIONS

A) Certain areas of the Platform (e.g. customer ratings and review areas) may permit the Customer to submit feedback, information, data, text, software, messages, recordings, live video or audio, or other Content (each, a “User Submission”).

B) The Customer agrees that they are solely responsible for all of User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, NASMAAKUM do not guarantee that the Customer will be able to edit or delete any User Submission that they have submitted.

C) By submitting any User Submission, the Customer expressly warrants that:

• The Customer own all rights in the User Submission (including, without limitation, all rights to the reproduction and display of the User Submissions) or, alternatively, that the Customer has acquired all necessary rights in the User Submissions to enable the Customer to grant to NASMAAKUM the rights in the User Submissions as described in these Terms;
• The Customer has paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of the User Submissions;
• The User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• Any information contained in the User Submission is not known by the Customer to be false, inaccurate, or misleading;
• Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• The User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• The Customer was not and will not be compensated or granted any consideration by any third party for submitting the User Submission;
• The User Submission does not incorporate content from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than the Customer’s content);
• The User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• The User Submission does not contain any information that You consider confidential, proprietary, or personal; and
• The User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional content, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

D) By submitting a User Submission, the Customer grants NASMAAKUM with an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display the User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) the User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that NASMAAKUM deems appropriate in NASMAAKUM’s sole discretion (including, without limitation, to incorporate the User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with the User Submissions and to use the User Submissions for advertising and promotional purposes;
• Monitor the User Submissions as they occur, including monitoring conversations or videos between Customers and Linguists.

XVII. PROPRIETARY RIGHTS

Nothing in these Terms shall convey to the Customer any proprietary or intellectual property rights, including without limitation, copyrights, trademarks, trade secrets, patents, moral rights, contract rights and licensing rights (the “Intellectual Property Rights”) belonging to NASMAAKUM, or be deemed to license the Customer to use any such Intellectual Property Rights of NASMAAKUM, except for the express limited purposes set forth herein. For the avoidance of doubt, “NASMAAKUM” and any other trademarks, names and logos on the Platform belongs to or are licensed by NASMAAKUM.

XVIII. DISCLAIMER OF WARRANTIES

THIS PLATFORM AND THE LINGUIST SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS PLATFORM IS WITH YOU.
NASMAAKUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS PLATFORM AND THE LINGUIST SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

XIX. LIMITATION AND EXCLUSION OF LIABILITY

NASMAAKUM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THIS PLATFORM OR FROM YOUR USE OR PROVISION OF THE LINGUIST SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

XX.

IN NO EVENT SHALL NASMAAKUM’S LIABILITY AND THAT OF NASMAAKUM’S AFFILIATES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT OF USD$100.

XXI.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN NASMAAKUM AND THE CUSTOMER AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) WITH REGARD TO ANY CLAIMS AGAINST NASMAAKUM.