Terms and Conditions

 

Terms and Conditions

Welcome to the Aflamnah Terms and Conditions (or “Agreement”). This Agreement describes the terms and conditions that govern your use of our services (“Service(s)”) (at http://www.Aflamnah.com/(our "Site" or “Platform”). Before you may become a member of our Site (“Member”) you must read, agree with and accept all of the terms and conditions contained in this Agreement and Aflamnah's policies which may, from time to time, be disseminated by Aflamnah on the Site and/or in any other publicly disseminated media, including its Privacy Policy (collectively the "Policies").. Policies change from time to time, and you agree that they form part of this Agreement. Our Privacy Policy is available on the site. 

Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarize yourself with and comply with the Policies relevant to your use of our Site and the Services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.

By accepting this Agreement (including the Policies) you agree to be bound by it and any other agreements and posted terms and conditions that may be posted by us on our website.

We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with Aflamnah. If, after any such changes to this Agreement or any of our Policies you continue to use or remain a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement. 

In this Agreement where the context permits a reference to "you" or “your” includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

Aflamnah is an online crowdfunding service developed specifically for the creative industry. Aflamnah allows individuals, groups and organisations ("Idea Owners") to list projects and raise funds through the selling by Idea Owners of certain limited and specified goods and services (“Perks” , as defined below) to new and existing Members ("Idea Supporters").

User Content 

"Content" refers to any listing, forums, reviews, postings, messages, text, files, images, photos or any other material posted on the Website. 

You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable to the morals, values and cultural norms of the United Arab Emirates or any other relevant jurisdiction; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. 

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. Aflamnah reserves the right, but is not obligated, to reject and/or remove any User Content that Aflamnah believes, in its sole discretion, violates or may potentially, in its sole discretion, violate these provisions.

By posting Content: 

  • • you grant us the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute perform, display, modify or create derivative works of the Content perpetually and for any lawful purpose we see fit; 
  • • you warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence; 
  • • You permit any other user of the Service to access, display, view, store and reproduce such Content; and 
  • • You grant us the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent we see fit. 
  • • We are not responsible for, and no reliance should be placed, in any way on any Content posted. 
  • • We reserve the right to (1) refuse to share or display, (2) move; or (3) delete any Content posted and you agree we may do so in our absolute discretion.
  • • You acknowledge that you have no expectation or interest in receiving any funding or sales of Perks,whatsoever, based solely on the posting of Content and Aflamnah’s limited activities with respect thereto as described herein
  • • You agree to completely indemnify, defend and hold Aflamnah harmless with regards to any and all issues related to the presence of your Content on the Aflamnah Site 
  • • In the case of Perks (as defined below) listed on the Site, and in addition to any and all representations and warranties as to Content as set forth in this Agreement, you specifically warrant, represent and agree that: (i) you have acquired and possess all rights and interests to offer and fulfill the Perks at and throughout the time of listing and at all relevant times thereafter; (ii) you assume all and complete liability to Idea Supporters regarding any and all matters concerning their purchase or acquisition of Perks; (iii) you acknowledge that Aflamnah is a passive conduit with no input or responsibilities regarding any transactions or discussions or anything else related to the acquisition or fulfillment of Perks and that you, as the party posting such Perks shall be solely and exclusively responsible for same; and (iv) will completely indemnify, defend and hold Aflamnah harmless regarding any and all matters concerning or relating to Perks.

Ideas

All funds collected by Aflamnah from Idea Supporters on behalf of Idea Owners, subject to and in accordance with the terms and conditions set forth in this Agreement, shall be made utilizing the PayPal online payment service and/or Money Transfer Agents and/or Cashu payment facilities only. Aflamnah’s disbursement of funds collected from Idea Supporters to Idea Owners in accordance with this Agreement shall be via the above or other effective payment mechanisms or devices selected by Aflamnah and any and all disbursements to Idea Owners shall be net of any transfer fees or costs, if any, to Aflamnah.  

To incentivize and provide value to Idea Supporters, Idea Owners will offer a products/services rate card along with all project listings which indicates to Idea Supporters and potential Idea Supporters the goods or services they would receive from Idea Owners in consideration for their contributions to the project (“Perks”), and setting forth and describing the various different levels of Perks available to be acquired in consideration for the varying amounts sought as funding by the Idea Owners.  Any and all Perks sold and purchased by/between Idea Owners and Idea Supporters constitute agreements and transactions solely and exclusively between Idea Owners and Idea Supporters.  Aflamnah accepts no responsibility for any transactions or representations regarding Perks other than expressly set forth herein.

Aflamnah will only disburse funds collected from Idea Supporters to Idea Owners in accordance with this Agreement whether a project reahes its funding goal or not, (in the net amounts described above) within the project chosen campaign period listed  on the Site (40 to 100 days).  Failure to reach the Campaign Goal will result in Idea Owners receiving funds corresponding to the amounts pledged by the Idea Supporters minus related fees. Aflamnah Credits in your pot shall always be be valid and will never expire. Aflamnah will undertake reasonable commercial efforts to ensure that Aflamnah Credits are acceptable and redeemable to all Idea Owners, subject to Idea Owners Rate Cards in effect at the time and the availability of selected Perks.    . 

  • • Aflamnah shall not be responsible or liable for your interactions with any organisations and/or individuals found on or through the Aflamnah service. This includes, but is not limited to the posting of Content,  the delivery of Perks or other goods and services and any other terms, conditions, warranties or representations associated with any listings on Aflamnah. 
  • • Aflamnah shall not be responsible nor liable for any actions, statements or omissions of any Idea Owners or Idea Supporters.   Idea Supporters and Idea Owners shall be and shall remain wholly and exclusively liable to one another for fulfilling their obligations to one another (and to others, as applicable) as stated or implied in any listings, negotiations or transactions between themselves. whether or not involving third persons. 
  • • Aflamnah is not liable and assumes no responsibility for any listings, projects or Content nor for any interactions or transactions by and/or between Idea Owners, Idea Supporters and/or Members, whether or not conducted through the Site.  Specifically, and by way of example only and without limitation, Aflamnah is uninvolved, assumes no responsibility and disclaims all liability for anything relating to the credibility, performance, punctuality and/or fulfillment of projects, Idea Owners, Idea Supporters, transactions, between Idea Supporters and Idea Owners, listings, Content and/or Perks.  
  • • Aflamnah reserves the right to cancel or remove an idea listing and refund all associated Members' payments or Aflamnah Credits, as set forth herein, at any time and for any reason in its sole discretion.

    If we are providing a refund:because you have cancelled the Contract between us in accordance with this Agreement and within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the reward in full. For any other reason at our discretion we will notify you of such refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

  • • All dealings, communications and/or transactions on the Aflamnah platform by and/ or between Members, Idea Owners and/or Idea Supporters are considered to be exclusively matters by and between you and such individuals and/or organisations. Except as expressly set forth herein, Aflamnah is under no obligation to become involved and bears no responsibility for disputes, disagreements, actions, litigation  by and/or between Idea Supporters,Idea Owners, Members and/or any third parties. In the event of a dispute, you agree to release, indemnify, defend and hold harmless each of  Aflamnah, its principals, owners, shareholders, employees, executives, agents, successors and assigns against any and all claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. 
  • • Aflamnah cannot and does not warrant or in any way represent or guarantee the performance or reliability of PayPal or any other online payment services used and specifically disclaims all liability with regards thereto.. Additionally, because of the occasional failures of some credit cards and other online and/or banking systems, Aflamnah cannot guarantee and specifically disclaims any liability when full receipt of the targeted amount is either not achieved, is delayed or is otherwise compromised as a result of any such system or card failures. 
  • • Idea Owners and Idea Supporters agree to comply with and are subject to any additional terms or conditions associated with or attendant to their chosen methods of payment and said providers’ policies.
  • • Idea Owners and Idea supporters shall not engage in any direct transfers of funds between them for any Ideas listed on the Aflamnah Site.  By becoming a Member you specifically agree and commit to make any and  all pledges and contributions for Ideas exclusively through the Aflamnah website. Aflamnah reserves all rights and remedies in this regards including but not limited to removing offenders and projects from the Site, offsetting any amounts to be transferred by amounts Aflamnah would have received but for such transgressions and had the transactions occurred through the Site as herein agreed and/or pursuing any remedies available to it law and equity for same.

Fees ,Transfers and Funds

Aflamnah is free for Idea Supporters. However, in addition to your assumption of any transfer and related transaction charges which may be imposed by payment processing gateway or other similar providers (payable by you directly to such entities) , In addition, there may be additional charges for any premium services we may wish to offer, of which you will be advised in advance.

Aflamnah charges a one time $100 non-refundable upload fee to Idea Owners for each Idea or project upload.

The Aflamnah fees, independent of any third party transfer fees, shall consist of the above fees (”Standard Fees”) as well as Aflamnah’s 6% retention of amounts on money raised (see below) (“Success Fee”) and shall hereinafter be collectively referred to as the “Fees”. With certain partners who are curating pages, the fee may increase to up to 12% where the partner is offering marketing and support services to the idea owner. Currently this is applicable to the Middle East Film and Comic Com (MEFCC) curated page where fees will be 10%)

All contributions/funds received from the purchase of Perks transacted on the Aflamnah website will, following receipt by Aflamnah from Idea Supporters, be transferred  by Aflamnah to Idea Owners, net of and following Aflamnah’s deducton of Fees and any additional transaction costs incurred, if any.

The operating currency for Aflamnah is United States Dollars. Payments made in other currencies will be converted to US Dollars at the applicable exchange rates available to Aflamnah. Any exchange rate fluctuations in currency conversions are independent of and not the responsibility of Aflamnah.

Aflamnah will transfer funds received from the Idea Supporters to the Idea Owners less any Standard Fees as well as following retention by Aflamnah of 6% of the gross amounts pledged as Aflamnah’s Success Fee for successful funding of the Idea.

Funds will be transferred to Idea Owners according to their PayPal, bank account, money transfer agent or any trackable transfer option instructions with any incoming charges remaining the sole cost and expense of the Idea Owner.

Aflamnah will commence processing payments, as applicable, immediately  upon expiry of the selected campaign fundraising period. Settlement of the appropriate funding, can then thereafter take up to an additional four weeks to complete.


All funds collected for Ideas through the Aflamnah platform are nonrefundable. Aflamnah will transfer the funds received, net of Fees, to Idea Owners.  Idea Owners agree to honor all Aflamnah Credits for the purchase of Perks for the Ideas and projects.. Aflamnah will not issue Aflamnah Credits for any disputes between Idea Owners and Idea Supporters related to the fulfillment of Perks purchased.  The Idea Owner is wholly responsible for meeting any obligation or reward (“Perks”) offered or implied in their project. Aflamnah is not responsible for the delivery of Perks offered by Idea Owners and selected by Idea Supporters. If, however, Aflamnah is at any time required to refund monies to Idea Supporters for any reason, Idea Owner will fully compensate Aflamnah for any amounts refunded plus any associated costs including but not limited to transaction or administrative costs. 

We reserve the right to modify or alter our Fees and Fees policy.. Unless otherwise stated, all Fees are quoted in United States Dollars. You are responsible for paying all Fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). Aflamnah Fees must not be mentioned by Idea Owners on project listings but Idea Owners may wish to consider Aflamnah fees when determining the funding goal of your idea. 

You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any Fees paid for the service without first having obtained prior written consent to refund shall entitle Aflamnah to, among other things, deactivate your account unless and/or until such time as the Fees are repaid or a credit or refund is agreed with Aflamnah. Deactivation will include all access to the service. 

Furthermore, you may not list an Idea on our Site (or complete any transaction that was initiated using our service), if the payment to us of the Fees would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the Idea violates any of our Content or other policies.

Conduct & Acceptable Use

You agree to not post, email, or make available through the Service any Content that is objectionable to us or in contradiction to applicable laws or regulations. In this regard, and without limiting the generality of the foregoing sentence, you agree not to post, email or make available through the Service any Content that: 

  • • is unlawful, harmful, threatening, abusive, defamatory, libelous, invasive or any information that is harmful to minors; 
  • • is of a political nature and/or is critical of any government employee in any jurisdictionis pornographic or any kind of nudity, sexually explicit or     perverse content; 
  • • is anti-Islamic or in any way derogatory towards Islam; 
  • • is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals; 
  • • impersonates any another person; 
  • • includes personally identifiable information about another person without their permission; 
  • • is false or deceptive; 
  • • includes links to other websites, except when (1) expressly approved by us in writing, and (2) posted in a posting uploaded by you in the      appropriately designated area; 
  • • advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to; 
  • • violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws; 
  • • contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; 
  • • disrupts the normal flow with an excessive number of messages; or 
  • • uses misleading contact details to disguise the true origin. 

You further agree not to: 

  • • contact people who do not wish to be contacted; 
  • • stalk or harass other users of the service; 
  • • collect personal information about users for commercial or unlawful purposes; 
  • • post Content that is irrelevant or unrelated to the service; 
  • • post, email, make available through the Service any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or 
  • • attempt to gain unauthorized access to the Service, the server on which the Service is stored or any server, computer or database connected to the Site.

For the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and we reserve the right to (i) remove any content that we considers (in our absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of these Terms of Use from accessing the Service.

Electronic Communications

The communications between you and Aflamnah use electronic means, whether you visit the Site or send us emails, or whether Aflamnah posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Aflamnah in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Aflamnah provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in non-electronic writing. The foregoing does not affect your non-waivable rights. 

Suspension and Termination

We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Aflamnah membership or access thereto if we terminate the service or if we suspect, after investigation, that you have misused the Aflamnah service, violated the terms of this Agreement, or have otherwise used the Aflamnah service to conduct any fraudulent or illegal activity. 

In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in Aflamnah's sole discretion), Aflamnah may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts. 

Aflamnah’s Activities

In addition to its activities described above concerning acting as a passive conduit for the posting of Content, communications and/or other information on the Site and with respect to the receipt and remittance of funds from/to Idea Supporters and Idea Owners, Aflamnah undertakes to employ reasonable commercial efforts to continually enhance the presence, accessibility and notoriety of the Site through its own marketing efforts in order to expand the base  of potentially available projects and Idea Supporters thereof.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Your Information

Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the idea information you list for display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images). 

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to Aflamnah or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Aflamnah. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not violate any term or condition herein:

Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting Ideas. In particular, you must ensure that your activities, Ideas you list (which is part of Your Information), and the balance of Your Information do not violate relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.

Idea Owners alone, and not Aflamnah, are responsible for ensuring that the Idea listing and any other activities conducted on the Aflamnah website are lawful. Idea Owners must ensure that they comply with all applicable laws in the United Arab Emirates and all other countries. Idea Owners must also ensure that they strictly comply with this agreement and the Policies which form part of the agreement. 

Idea Owners should comply with all country, state and federal regulations 

Governing Law

These terms and conditions are governed in all respects by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applied therein and any action arising under them or in any way connected with the Aflamnah service shall be subject to such laws

Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the Emirate of Dubai and the federal laws of the United Arab Emirates. The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of the Emirate of Dubai and the federal laws of the United Arab Emirates. 

 

Further Information

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years. 

Disputes between you and Aflamnah regarding our services, complaints or suggestions should be reported to Aflamnah at info@aflamnah.com 

We reserve the right to amend these Terms of Use at any time and without notice. If we do this, we will post the amended Terms of Use on this page and indicate at the bottom of the page the date the Terms of Use were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Aflamnah UK Limited is a UK registered company, address 52 Park Drive, W3 8NA, London,UK.

1 July 2012