By downloading, browsing, accessing or using our website or mobile application you agree to be bound by these
Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you
disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the
website or Mobile Application and your use of the services offered on the Mobile Application. Continued use of
the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from
time to time.
2. DEFINITIONS
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings,
except where the context otherwise requires:
“Metasphere” refers to Metasphere Technologies.
“Account” means an account created by a User or Metasphere on the Mobile Application or the Web
Interface as part of Registration.
“Merchant” refers to any entity whose Offers can be Booked via the Mobile Application.
“Influencer” refers to any entity who has a social media account.
“Privacy Policy” means the privacy policy as found on www.alist.ae/privacy
“Book” means to book a Merchant’s Offer on these Terms and Conditions of Use and
“Register” means to create an Account on the Mobile Application and “Registration”
means the act of creating such an Account.
“Offer” means services provided by the merchant, including without limitation, any and all
services as described within the offer details during the time of offer creation.
“Services” means all the services provided by Metasphere via the Mobile Application to Users,
and “Service” means any one of them,
“Users” means the users of the Mobile Application or Web Interface, including you and
“User” means any one of them.
“Material” means the content created by a “User”, as set out in the terms of an
“Offer”, which must be created and uploaded to the social media account associated with the
“User”.
METASPHERE TECHNOLOGIES maintains the www.alist.ae Website (“Site”)
3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the
making of any Bookings are subject to these Terms and Conditions of Use.
3.2 Location: The Mobile Application, the Services and any Bookings are intended solely for use by Users
who access the Mobile Application in United Arab Emirates. We make no representation that the Services
(or any goods or services) are available or otherwise suitable for use outside of United Arab Emirates.
Notwithstanding the above, if you access the Mobile Application, use the Services or make any Bookings
from locations outside the United Arab Emirates, you do so on your own initiative and are responsible
for the consequences and for compliance with all applicable laws.
3.3 Equipment and Networks: The provision of the Services and the Mobile Application does not include
the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile
Application or the Services or make any Bookings. To use the Mobile Application or Services or to make
Bookings, you will require Internet connectivity and appropriate telecommunication links. You
acknowledge that the terms of agreement with your respective mobile network provider (“Mobile
Provider”) will continue to apply when using the Mobile Application. As a result, you may be
charged by the Mobile Provider for access to network connection services for the duration of the
connection while accessing the Mobile Application or any such third-party charges as may arise. You
accept responsibility for any such charges that arise.
3.4 License to Use Material: By submitting any text or images (including photographs)
(“Material”) via the Application, you represent that you are the owner of the Material or
have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby
grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or
services.
3.5 Your account must be public. Your account must remain public for Metasphere to function and work as
per these terms of use.
3.6 The User guarantees that he or she is older than 18 years.
4. BOOKINGS
4.1 Need for registration: You must Register to make a Booking from the Mobile Application using
your Instagram account.
4.2 Verify your account: You must verify your account to be able to place a Booking. The steps and
procedures to verify your account are mandatory to place a Booking.
4.3 Booking an Offer: In order for the Influencer to place and attend the Offer:
4.3.1 The Influencer must accept that this is not a free Offer, and that they will fulfill what has
been specified by the Merchant which forms the exchanged value for such Offer.
4.3.2 The Influencer must provide all necessary information and/or requirements set by the Merchant
for an Offer.
4.3.3 The Influencer shall honour all Merchant requirements and produce Content and information in
line with point 4.3.1.
4.4 Application of these Terms and Conditions of Use: By making any Booking, you acknowledge that
the Booking is subject to these Terms and Conditions of Use.
4.5 Booking: Any attempted Booking not consistent with these Terms and Conditions of Use may be
disallowed or rendered void at our or the applicable Merchant’s discretion.
4.6 Responsibility for Bookings of perishable products of Offers: Each Merchant shall be responsible
to ensure that any of its Offers for Booking that are perishable has not expired.
4.7 Restrictions: (a) Reproduction, sale, resale or trading of any Offers or Bookings is prohibited.
(b) Booking of Offers is subject to availability of the relevant Merchants’ Offer.
4.8 Metasphere is Not Liable: For the avoidance of doubt, Metasphere shall not be liable for any
losses or damages suffered by you resulting from the attending of an Offer or the failure by the
relevant Merchant to fulfil any Bookings or Offers or for a failure by us to show you relevant
available Offers to you due to the unavailability of such Offers pursuant to Clause 3.5 & 4.2.
4.9 Lost/stolen belongings: Neither we nor any Merchant shall be responsible for any lost or stolen
belongings while attending the Offers that have been Booked.
5. YOUR OBLIGATIONS
5.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant
Merchant for which your Booking relates to, as may be amended from time to time.
5.2 Accurate information: You warrant that all information provided on Registration and
contained as part of your Account is true, complete and accurate and that you will promptly
inform us of any changes to such information by contacting our customer support.
5.3 Content on the Mobile Application and Service: It is your responsibility to ensure that any
Content or information posted by you through the Mobile Application doesn’t breach the
Terms of Use.
5.4 Prohibitions in relation to the usage of Services or Mobile Application: Without limitation,
you undertake not to use or permit anyone else to use the Services or Mobile Application:-
5.4.1 to create any material which is not civil or tasteful
5.4.2 to create any material which is threatening, grossly offensive, of an indecent, obscene or
menacing character, blasphemous or defamatory of any person, in contempt of court or in breach
of confidence, copyright, rights of personality, publicity or privacy or any other third party
rights;
5.4.3 to create any material for which you have not obtained all necessary licences and/or
approvals (from us or third parties); or which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law
of or infringe the rights of any third party in any country in the world;
5.4.4 to send or receive any material which is technically harmful (including computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious
software or harmful data);
5.4.5 to cause annoyance, inconvenience or needless anxiety;
5.4.6 to intercept or attempt to intercept any communications transmitted by way of a
telecommunications system;
5.4.7 for a purpose other than which we have designed them or intended them to be used;
5.4.8 for any fraudulent purpose;
5.4.9 other than in conformance with accepted Internet practices and practices of any connected
networks;
5.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any
other minority or is otherwise calculated to adversely affect any individual, group or entity;
or
5.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or
disproportionately large load on our infrastructure.
5.5 Prohibitions in relation to the usage of Services, Mobile Application: Without limitation,
you further undertake not to or permit anyone else to:-
5.5.2 furnish false data including false names, addresses and contact details and fraudulently
use credit/debit card numbers;
5.5.3 attempt to circumvent our security or network including to access data not intended for
you, log into a server or account you are not expressly authorised to access, or probe the
security of other networks (such as running a port scan);
5.5.4 execute any form of network monitoring which will intercept data not intended for you;
5.5.5 enter into fraudulent interactions or transactions with us or a Merchant (including
interacting or transacting purportedly on behalf of a third party where you have no authority to
bind that third party or you are pretending to be a third party);
5.5.6 extract data from or hack into the Mobile Application;
5.5.7 use the Services or Mobile Application in breach of these Terms and Conditions of Use;
5.5.8 engage in any unlawful activity in connection with the use of the Mobile Application or
the Services; or
5.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits
any other user from properly using or enjoying the Mobile Application or Services.
5.6 You are responsible to deliver all insights related to the campaigns/Offers you participate
in, even if you do not enjoy the Offer.
5.7 You are responsible to comply with the requests or be held liable for the retail value of
the Offers you fail to provide all specified requirements plus the insights associated with
these requirements.
6. RULES ABOUT THE USE OF THE SERVICE AND THE MOBILE APPLICATION
6.1 We will use reasonable endeavours to correct any errors or omissions as soon as
practicable after being notified of them. However, we do not guarantee that the Services or
the Mobile Application will be free of faults, and we do not accept liability for any such
faults, errors or omissions. In the event of any such error, fault or omission, you should
report it by contacting us via our customer support.
6.2 We do not warrant that your use of the Services or the Mobile Application will be
uninterrupted and we do not warrant that any information transmitted via the Services or the
Mobile Application will be transmitted accurately, reliably, in a timely manner or at all.
Notwithstanding that we will try to allow uninterrupted access to the Services and the
Mobile Application, access to the Services and the Mobile Application may be suspended,
restricted or terminated at any time.
6.3 We do not give any warranty that the Services and the Mobile Application are free from
viruses or anything else which may have a harmful effect on any technology.
6.4 We reserve the right to change, modify, substitute, suspend or remove without notice any
information or Services on the Mobile Application from time to time. Your access to the
Mobile Application and/or the Services may also be occasionally restricted to allow for
repairs, maintenance or the introduction of new facilities or services. We will attempt to
restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the
right to withdraw any information or Services from the Mobile Application at any time.
6.5 We reserve the right to block access to and/or to edit or remove any material which in
our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
7. SUSPENSION AND TERMINATION
7.1 If you use (or anyone other than you, with your permission uses) the Mobile
Application, any Services in contravention of these Terms and Conditions of Use, we may
suspend your use of the Services and/or Mobile Application.
7.2 If we suspend the Services or Mobile Application, we may refuse to restore the
Services or Mobile Application for your use until we receive an assurance from you, in a
form we deem acceptable, that there will be no further breach of the provisions of these
Terms and Conditions of Use.
7.3 Metasphere shall fully co-operate with any law enforcement authorities or court
order requesting or directing Metasphere to disclose the identity or locate anyone in
breach of these Terms and Conditions of Use.
7.4 Without limitation to anything else in this Clause, we shall be entitled immediately
or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile
Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c)
suspend the use of the Services and/or Mobile Application for persons we believe to be
connected (in whatever manner) to you, if:
7.4.1 you commit any breach of these Terms and Conditions of Use;
7.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of
these Terms and Conditions of Use; or
7.4.3 we suspect, on reasonable grounds, that you may have committed or be committing
any fraud against us or any person.
7.4.4. at our sole discretion if we believe you have low engagement rate.
7.5 Our rights under this Clause shall not prejudice any other right or remedy we may
have in respect of any breach or any rights, obligations or liabilities accrued prior to
termination.
7.6 In the event of account suspension, Metasphere will, at its sole discretion, cancel
any and/or all upcoming bookings that you have been approved for. No remedy or
compensation will be in lieu.
8. DISCLAIMER AND EXCLUSION OF LIABILITY
8.1 The Mobile Application, the Services, the information on the Mobile Application
and use of all related facilities are provided on an “as is, as
available” basis without any warranties whether express or implied.
8.2 To the fullest extent permitted by applicable law, we disclaim all
representations and warranties relating to the Mobile Application and its contents,
including in relation to any inaccuracies or omissions in the Mobile Application,
warranties of merchantability, quality, fitness for a particular purpose, accuracy,
availability, non-infringement or implied warranties from course of dealing or usage
of trade.
8.3 We do not warrant that the Mobile Application will always be accessible,
uninterrupted, timely, secure, error free or free from computer virus or other
invasive or damaging code or that the Mobile Application will not be affected by any
acts of God or other force majeure events, including inability to obtain or shortage
of necessary materials, equipment facilities, power or telecommunications, lack of
telecommunications equipment or facilities and failure of information technology or
telecommunications equipment or facilities.
8.4 While we may use reasonable efforts to include accurate and up-to-date
information on the Mobile Application, we make no warranties or representations as
to its accuracy, timeliness or completeness.
8.5 We shall not be liable for any acts or omissions of any third parties howsoever
caused, and for any direct, indirect, incidental, special, consequential or punitive
damages, howsoever caused, resulting from or in connection with the mobile
application and the services offered in the mobile application, your access to, use
of or inability to use the mobile application or the services offered in the mobile
application, reliance on or downloading from the mobile application and/or services,
or any delays, inaccuracies in the information or in its transmission including but
not limited to damages for loss of business or profits, use, data or other
intangible, even if we have been advised of the possibility of such damages.
8.6 We shall not be liable in contract, tort (including negligence or breach of
statutory duty) or otherwise howsoever and whatever the cause thereof, for any
indirect, consequential, collateral, special or incidental loss or damage suffered
or incurred by you in connection with the Mobile Application and these Terms and
Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect
or consequential loss or damage includes, without limitation, loss of revenue,
profits, anticipated savings or business, loss of data or goodwill, loss of use or
value of any equipment including software, claims of third parties, and all
associated and incidental costs and expenses.
8.7 The above exclusions and limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer that cannot be excluded or limited are
affected.
8.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge
that all electronic data transfers are potentially susceptible to interception by
others. We cannot, and do not, warrant that data transfers pursuant to the Mobile
Application, or electronic mail transmitted to and from us, will not be monitored or
read by others.
9. INDEMNITY
You agree to indemnify and keep us indemnified against any claim, action, suit
or proceeding brought or threatened to be brought against us which is caused by
or arising out of (a) your use of the Services, (b) any other party’s use
of the Services using your username, password and/or any identifier number
allocated by Metasphere, and/or (c) your breach of any of these Terms and
Conditions of Use, and to pay us damages, costs and interest in connection with
such claim, action, suit or proceeding.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All editorial content, information, photographs, illustrations, artwork
and other graphic materials, and names, logos and trademarks on the Mobile
Application are protected by copyright laws and/or other laws and/or
international treaties, and belong to us and/or our suppliers, as the case
may be. These works, logos, graphics, sounds or images may not be copied,
reproduced, retransmitted, distributed, disseminated, sold, published,
broadcasted or circulated whether in whole or in part, unless expressly
permitted by us and/or our suppliers, as the case may be.
10.2 Nothing contained on the Mobile Application should be construed as
granting by implication, estoppel, or otherwise, any license or right to use
any trademark displayed on the Mobile Application without our written
permission. Misuse of any trademarks or any other content displayed on the
Mobile Application is prohibited.
10.3 We will not hesitate to take legal action against any unauthorised
usage of our trademarks, name or symbols to preserve and protect its rights
in the matter. All rights not expressly granted herein are reserved. Other
product and company names mentioned herein may also be the trademarks of
their respective owners.
11. AMENDMENTS
11.1 We may periodically make changes to the contents of the Mobile
Application, including to the descriptions and prices of goods and
services advertised, at any time and without notice. We assume no
liability or responsibility for any errors or omissions in the content
of the Mobile Application.
11.2 We reserve the right to amend these Terms and Conditions of Use
from time to time without notice. The revised Terms and Conditions of
Use will be posted on the Mobile Application and shall take effect from
the date of such posting. You are advised to review these terms and
conditions periodically as they are binding upon you.
12. APPLICABLE LAW AND JURISDICTION
12.1 The Mobile Application can be accessed from all countries
around the world where the local technology permits. As each of
these places have differing laws, by accessing the Mobile
Application both you and we agree that the laws of United Arab
Emirates, without regard to the conflicts of laws principles
thereof, will apply to all matters relating to the use of the Mobile
Application.
12.2 You accept and agree Any dispute, difference, controversy or
claim arising out of or in connection with this contract, including
(but not limited to) any question regarding its existence, validity,
interpretation, performance, discharge and applicable remedies,
shall be subject to the exclusive jurisdiction of the Courts of the
Dubai, United Arab Emirates.
This contract shall be governed by and construed in accordance with
the laws of United Arab Emirates.
