1. Midient Company for Information Technology LLC (henceforth referred to as “Midient”) is a registered company in Erbil, Iraq. Midient is the sole owner of the Padash, a brand of Midient, and the entire Padash Platform (defined in point 2).
2. The Padash website (“Website”) and its related applications on iOS, Android, and mobile site platforms, “Apps”, collectively with the Website, are referred to as the “Platform”.
3. Midient, along with any of its affiliated or subsidiary entities, provides services to Users governed by these terms and conditions (“Terms”).
4. To register as a member on the Platform, it is essential to complete the registration form and consent to abide by these Terms. By completing and submitting the registration form, utilizing any current or future services, or placing orders through the Platform, the User signifies their acceptance of and agreement to be bound by the Terms of Midient.
5. You are responsible for establishing the necessary arrangements to access the Platform (as defined later). This responsibility extends to ensuring that anyone accessing the Platform via your internet connection is informed about and complies with these Terms. By viewing, using, accessing, browsing, or submitting any content or material on the Platform, you are entering into a binding legal agreement with Midient, in accordance with these Terms, without any limitation or qualification.
6. The term “you”, “You”, “Customer”,“customer”, “User”, or “user” refers to any individual or entity engaging with, accessing, browsing, or contributing content or material to the Platform. If you do not agree with these Terms, you should refrain from using the Platform. Midient reserves the right to modify these Terms at any time without prior notification. Your repeated visits and continued use of the Platform, including following any modifications to these Terms, signify your acknowledgement, acceptance, and agreement to be bound by such changes.
7. These Terms apply to all of the Padash Platform.
8. By agreeing to these Terms, you confirm that you have read, understood, and consented to them, including the privacy policy.Additionally, you affirm that, in line with these Terms, you have provided your. full name and surname as they appear on an official identification document.
9. Midient offers an online marketplace where various shops (“Shops”) can showcase their products and Users can purchase them.
10. Midient provides thePlatform as a means for shops to present their products, enabling users to purchase and request delivery of these items. In this context, Midient displays product information from the shops based on the data they provide. Midient is not responsible for the accuracy or truthfulness of this information.
11. Users understand and accept that Midient does not produce, supply, sell, trade, or distribute the products listed. Users also acknowledge their sole responsibility for correctly providing delivery and collection addresses for their orders, absolving Midient and delivery personnel from any liability for errors or negligence in this regard.
12. Users are solely responsible for the accuracy of delivery addresses, and Midient bears no liability or responsibility for errors in these addresses.
13. The aim of thePlatform is to provide a straightforward and convenient service to users, connecting them with local shops. Interactive menus on the Platform allow users to easily build and submit orders.
14. Midient does not engage in the sale or production of any products offered by the shops. ThePlatform's service to users is limited to facilitating the search for and discovery of local shops that deliver or make products available to user-specified addresses, and it enables users to order these products through the Platform. Shops are required to adhere to local laws, rules, regulations , and standards concerning product preparation, sale, marketing, and safety.
15. All food preparation, product-related activities, and deliveries are the exclusive responsibility of the shop fulfilling the order. Each shop is independently responsible for complying with local laws, including but not limited to food safety laws and regulations. While shops strive to meet specified delivery times, factors beyond their control may affect these times, and therefore delivery cannot be guaranteed.Users will be notified of any significant, unforeseen delays.
16. Midient shall not be liable for any food or services provided by shops that may cause injury, dissatisfaction, or fail to meet user expectations in any way.
17. Midient does not guarantee the quality of any food or product, nor does it ensure compliance with applicable laws. Additionally, Midient does not guarantee that the items delivered will exactly match the menu displayed on the Platform.
18. Regarding food, a shop may claim that its food preparation adheres to specific standards such as"organic," "macrobiotic," or allergen-specific standards like "nut-free," "gluten-free," or"lactose-free." However, Midient does not independently investigate or verify such claims.
19. Users understand and acknowledge that Midient does not verify the credentials, representations, or products of the shops, nor the ingredients or quality of any products. Users must make informed decisions regarding the quality and reliability of the shops and their compliance with applicable laws, based on the information provided by the shops on the Platform or directly obtained from the shops.
20. Midient is not involved in the delivery of the orders as this is entirely managed by the shops.
21. To create an order on the Platform, the user first searches for and find the desired shop. Then, the user builds the order by adding the desired products into the basket by clicking the “Add to basket” button. Finally, the user clicks the “Checkout”button in order to proceed to checkout and submit the order.
22. In the case of a delivery order, the user will have to ensure the accuracy of the delivery address in case of a delivery order. Moreover, the user must make sure they are available to receive the delivery order once the delivery personnel arrive at the submitted address. Otherwise, the user will be liable for the cost of the order and the delivery fee.
23. In case of a pickup order, where available, the user shall be responsible for picking the order up from the shop within the timeframe indicated in the Platform. The user must arrive within the timeframe chosen by the user upon submitting the pickup order, otherwise, the user will be liable for the cost of the order.
24. In case of a dine-in order, where available, the user will be making an order inside the shop using the provided QR codes. In this case, the order is directly delivered from the shop to the table the user is sitting at. The user is responsible for the order submitted.
25. You do not have the right to cancel the order after submitting it. If you want to cancel the order or make changes to it after submitting it, you can call the shop directly using the phone number provided inside the Platform to ask them for the cancellation or change. If the shop agrees to it, they will cancel or change the order on their end. Midient is not responsible for the accuracy of the phone numbers provided by the shops.
26. While we strive to maintain accurate pricing and product descriptions on our platform, we reserve the right to cancel any order that is based on incorrect information. This includes, but is not limited to, errors in pricing, product descriptions, availability of products, or the availability of the shop’s delivery service to your selected delivery area when it is a delivery order.
27. Additionally, an order may be canceled by a shop even after you have received confirmation that it has been processed. Both Midient and our partner shops hold the right to cancel any order, either before or after it has been accepted. In the event of such a cancellation, we will notify you promptly.
28. It is important to note that these cancellation policies are in place to ensure a fair and efficient shopping experience for all our users and partner shops.
29. As a user of thePlatform, you have the option to sign up using your social media account (such as a Google, Facebook, or Apple account) and then with your phone number. Upon registration, we will send you a One-Time Password (OTP) to your number to confirm your identity and ensure the security of your account.
30. Each user will have a unique username linked to their chosen method of sign-up. This username is exclusive and not duplicated for any other user. The security of your account is further enhanced by the OTP process, which is used each time you log in or when necessary for account verification.
31. Your password and OTPare confidential. It is your responsibility to maintain the secrecy and security of your password and OTP. Midient is not liable for any issues arising from the misuse of your password.
32. Midient will communicate with you about promotions and offers in your area inside thePlatform. Your personal information, including your phone number, is treated with the utmost confidentiality and will only be shared with shops and their staff to facilitate efficient and accurate delivery and pickup of your orders.
33. When accessing services that require Midient membership, you will need to log in using your chosen method of sign-up. This could involve entering your social media account details or phone number, followed by the OTP for verification.
34. By using the Platform, you affirm that the personal information provided by you is true, accurate, current, and complete. Should there be any changes to your personal information, you agree to promptly update your member profile on the Platform or contact us directly.
35. You agree not to create multiple accounts for the same individual. Violations of this policy may result in the termination of your account.
36. Users are expected to keep their passwords and OTPs confidential and should not share them with anyone. You are responsible for all activities and orders made through your account. If you suspect that your password or OTP has been compromised, please contact us immediately.
37. The use of thePlatform should be lawful and respectful of others' rights. You agree not to engage in any unlawful or unauthorized activities that can lead to the suspension of your account and potential legal consequences, these activities include but are not limited to:
37. 1 Distributing unlawful, libelous, abusive, threatening, harmful, obscene, or otherwise objectionable material.
37.2. Transmitting material that constitutes a criminal offense, results in civil liability, or otherwise breaches laws, regulations, or codes of practice.
37.3 Interfering with any other person's use or enjoyment of the Platform.
37.4. Damaging, disabling, or impairing the operation of this Platform, or attempting to gain unauthorized access to this Platform or networks connected to it through hacking, spoofing, or other similar means.
As a member of Midient and a user of the Platform, you acknowledge and agree to the following responsibilities:
38. The information provided during registration, including your name, username, and phone number must correspond with that on an official identification document. You ares olely responsible for any consequences arising from incorrect or incomplete information, such as password loss. Misinformation may lead to the termination of your membership.
39. You bear sole responsibility for all personal opinions, statements, and content you post or upload on the Platform, as well as for the personal information you transmit. Midient is not liable for any content uploaded by users.
40. You agree to access the services on the Platform in an authorized manner, not to modify or misuse the software, and to indemnify Midient for any losses incurred due to non-compliance with these terms.
41. Midient is not responsible for any damages resulting from unauthorized access to user data.You commit to not sending threatening, immoral, racially offensive, or unlawful messages, comments, or posts and to not engage in activities that violate the laws of Iraq or international agreements.
42. You agree not to post, print, distribute, or circulate any inappropriate, unlawful materials or information harmful to individuals or institutions.
43. You will not use the Platform for unsolicited advertising, surveys, contests, chain letters, or send information or software that could damage other users' computers.
44. Any damages or losses to your computer system incurred while using Midient's services are your responsibility, and Midient is not liable for any compensation related to such damages.
45. Midient reserves the right to monitor its systems for security and operational purposes.
46. You must not misuse personal information of others, and are responsible for all actions taken under your username.
47. You agree to pay any service fee, banking fee, or other fees related to your order at the time of product delivery, pickup, or dine-in as such fees will be shown to you and confirmed by you in advance on the Platform. Without such payment, the products will not be delivered or will be returned.
48. Do not use another person's account without explicit permission, and refrain from illegal activities on the Platform.
49. You are not to copy or misuse content from the Platform, including shop menus, images, logos, and reviews, for unauthorized purposes.
50. Access to other computer systems through the Platform without authorization, or any actions that harm the Platform’s security, are prohibited.
51. All minor users(generally under the age of 18) must have the permission and supervision of a parent or guardian to use the Platform.
52. Credit or Debit cards used for online payments on the Platform must belong to you, or you must have legal permission from the card owner to use them for transactions.
53. By engaging with the Platform, you agree to uphold these responsibilities to ensure a safe, legal, and respectful environment for all users and partners associated with the Platform.
54. Apart from personally identifiable information, which is protected under the Midient Privacy Policy, any material you transmit or post to the Platform is deemed non-confidential and non-proprietary. Midient assumes no responsibility for such material. Midient and its designated representatives are free to copy, disclose, distribute, incorporate, and use such material, including data, images, sounds, text, and other content, for any commercial or non-commercial purposes.
55. You are prohibited from posting, uploading, or transmitting to or from the Platform any material that:
55.1. Violates any applicable local, national, or international law;
55.2. Is unlawful or fraudulent;
55.3. Constitutes unauthorized advertising; or
55.4. Contains viruses or any other harmful programs.
55.5. Misuse of the Platform, including hacking, is strictly forbidden.
55.6. Any comments or feedback you submit through the Platform must not:
55.7. Contain defamatory, obscene, or offensive material;
55.8. Promote violence or discrimination;
55.9. Infringe upon the intellectual property rights of others;
55.10. Breach any legal duty owed to a third party, such as a duty of confidentiality;
55.11. Encourage illegal activities or invade someone’s privacy;
55.12. Appear to originate from Midient when they do not; or
55.13. Be used for impersonation or to misrepresent your affiliation with another person.
56. The prohibitions listed above are not exhaustive. You agree to indemnify and hold harmless Midient from any costs and damages incurred as a result of your breach of these restrictions.
57. Midient will fully cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or location of anyone posting material in violation of the above stipulations.
58. By using the Platform, you agree to adhere to these guidelines, ensuring that your contributions to the Platform are responsible and respectful of the community and legal norms.
59. The Platform is intended for personal use by individual users and should not be used for any commercial purposes, except those specifically endorsed or approved by Midient. Engaging in prohibited activities may result in suspension, blocking, or termination of your membership, and restriction of your access to the Platform. Prohibited activities include, but are not limited to, the following:
59.1. Unauthorized advertising or solicitation to buy or sell products or services, unless expressly permitted by Midient.
59.2. Systematically retrieving data or content from the Platform to create or compile a collection, compilation, database, or directory without written permission from Midient.
59.3. Unauthorized use of Midient services, including collecting usernames and/or email addresses of users for unsolicited email.
59.4. Unauthorized framing of, or linking to, the website.
59.5. Using information from the website to contact, advertise to, solicit, or sell to any user without their explicit prior consent.
59.6. Sending chain letters or junk email to other users.
59.7. Engaging in automated use of the system, such as scripts for adding friends, sending messages, or using data mining, robots, or similar data gathering and extraction tools.
59.8. Interfering with ,disrupting, or creating an undue burden on the website or networks or services connected to the website.
59.9. Attempting to impersonate another user or person, using another user's username, or selling or transferring your profile.
59.10. Using information from the website to harass, abuse, or harm another person.
59.11. Using Midient's services as part of an effort to compete with Midient or to provide services asa service bureau.
59.12. Decompiling, disassembling, reverse engineering, or attempting to decipher any software comprising or making up a part of the Platform.
59.13. Bypassing measures designed to prevent or restrict access to the Platform or any part of it.
59.14. Harassing, intimidating, or threatening Midient employees or agents involved in providing any part of Midient’s services.
59.15. Performing any commercial activity on the Platform on behalf of a third party without authorization, including posting blogs or bulletins with a commercial purpose.
59.16. Removing copyright or other proprietary rights notices from any content.
59.17. Using the Platform in a manner inconsistent with applicable laws and regulations.
59.18. Engaging in criminal or tortious activities, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
59.19. Engaging in any other suspected malicious activities on the Midient website or applications.
60. Users must respect these guidelines to maintain a safe, legal, and positive experience on thePlatform. Failure to comply with these prohibitions may result in immediate termination of access and use of Midient's services.
61. Midient reserves the right to temporarily suspend or permanently cease the operation of its system at any time. Midient holds no responsibility towards users or any third parties for any consequences arising from such suspension or cessation of operations.
62. Username and password allocation will be confirmed following the completion of the application process by users. Midient reserves the right to prevent users who have completed registration or have existing passwords from obtaining new passwords or using their current ones, indefinitely, if deemed necessary.
63. Midient does not guarantee that its services will be provided punctually, securely, or flawlessly; nor does it guarantee the accuracy, reliability, or quality of the results obtained from the use of its services.
64. Midient may perform backups and delete some or all of the files and messages provided by users during the use of services, at intervals it considers appropriate. Midient is not liable for any consequences arising from these backup and deletion processes.
65. Midient retains ownership and copyright over information, documents, software, designs, graphics, etc., produced by itself or acquired externally.
66. Sales on Midient are subject to the current availability of menus from shops listed on the Platform.Midient is not liable for items ordered but not delivered by the shop due to unavailability.
67. Midient reserves the right to publish, relocate within the site, or use any information, documents, software, designs, graphics, etc., generated and uploaded by users. It is possible that this information may be copied or reposted by other users. In such instances, users cannot claim any royalties from Midient.
68. The responsibility to update information related to price and product specifications lies with the shops listed on the Platform. Midient reserves the right to correct any misinformation by cancelling orders if necessary.
69. Midient may include links to third-party websites on its Platform and is not responsible for the content of these external sites.
70. Midient may modify these Terms, including amending existing articles or adding new ones, to address technical, operational, commercial needs, or future legislation.
71. Midient has the discretion to introduce additional services, alter some services partially or entirely, or convert free services into paid ones.
72. The Platform may occasionally be unavailable due to maintenance or upgrades. While Midient aims to notify users in advance of any service interruptions, this cannot always be guaranteed. We reserve the right to modify or withdraw the service at any time.
73. Midient encourages user-generated content, including reviews, posts, and comments, which are subject to approval based on the following criteria:
73.1. Relevancy: Reviewers, posters, and commenters must have firsthand experience with the shop or topic in discussion, and in most cases can only generate these content if they have ordered from the shop in question.
73.1.1. Acceptable Content: Midient reserves the right to approve or reject reviews, posts, and comments. Potential reasons for rejection include, but are not limited to:
73.1.2. Offensive Language: Use of profanity, abusive, racist, or hate language is strictly prohibited.
73.1.3. Irrelevant or Non-Indicative Content: Content must be relevant and informative.
73.1.4. Discrimination: Content should not discriminate based on religion, race, gender, national origin, age, marital status, or disability.
73.1.5. Illegal Activity: References to illegal activities or content that conflicts with societal traditions and values are not permitted.
73.1.6. Conflicts of Interest: Competitors are prohibited from posting negative content about shops. Violations may lead to permanent removal from the Platform.
73.1.7. Health Code Violations: Allegations without substantiation are not allowed.
73.1.8. Outdated Information: Reviews, posts, and comments should be based on current experiences and information.
74. Reviews, posts, and comments do not represent the views of Midient, its parent companies, or subsidiaries. Midient is not liable for any claims, liabilities, or losses resulting from the use of our Platform, or the information presented on it.
75. User-generated content, including reviews, posts, and comments, become the exclusive property of Midient in perpetuity. Midient reserves the right to reproduce, modify, translate, transmit, and/or distribute all materials related to this content.There is no obligation to compensate the authors or any other party for their contributions.
76. By participating in the submission of reviews, posts, or comments, users agree to abide by these guidelines, ensuring a respectful, informative, and lawful user-generated content environment on Midient's Platform.
77. At Midient, we understand the importance of customer satisfaction with food orders. However, it is important to note that all transactions and interactions regarding food orders are directly between the user and the respective shop. In case of any issues with your food order, such as not receiving your order, receiving an incorrect order, or if part of your order is missing, we encourage you to contact the shop directly to address these concerns.
78. For issues related to non-delivery, incorrect orders, or incomplete orders, the shop responsible for your order is your point of contact for discussing potential refunds or compensation.
79. Midient's role is to facilitate a platform where users can connect with various shops, but the responsibility for the fulfillment and quality of orders lies with the individual shops.
80. When your order is accepted by a shop, it establishes an agreement between you, the user, and the shop. The responsibility for the order rests entirely with the shop. Payment for cash orders is made directly to the shop upon delivery. If you opt to pay with a credit or debit card on the Platform, Midient acts as an agent for the shop to process the transaction. Delivery charges are determined by each individual shop and will be clearly displayed in your Order Summary.
81. We urge our partner shops to uphold high standards of service and to handle all customer queries and complaints promptly and effectively. While Midient is committed to providing a reliable and user-friendly platform, we advise users to resolve order-related issues directly with the shops for quicker and more effective resolution.
82. Midient is considering the potential launch of a Loyalty Reward Program ("the Program"), which, if initiated, will operate under the following terms and conditions:
82.1. Membership in the Program is exclusive to Midient users within Iraq for Iraqi users, and other country users will have their own specific programs, specifically those selected and invited by Midient. The criteria for eligibility are subject to modification at any time.
82.2. By participating in the Program and using your Membership Account to accrue and redeem points, you acknowledge and accept these terms. This includes consenting to the collection, use, and disclosure of your personal data by Midient, its affiliates, and third parties for purposes related to the Program and Midient's business operations.
82.3. The Privacy Policy ofMidient, as published on its website, is applicable and remains effective in conjunction with these terms.
82.4. Midient retains the right to alter or cease the Program at its discretion. This includes changes to benefits, awards, points earning and redemption structures as outlined in Provision No. 98. Members should stay informed of any changes, as continued participation signifies acceptance.
82.5. The Program can be terminated with a week's notice to active members, resulting in the forfeiture of any unredeemed points.
82.6. Midient may also immediately terminate a member’s account if they breach these terms, engage in fraudulent activities, or provide false information, leading to the loss of all accrued benefits.
83. The earning and usage structure will be as the following:
83.1. Each shop will be able to design their own loyalty program using the Platform’s tools.
83.2. Program members can earn points for every unit of currency spent or number of orders made according to the rules set by each shop.
83.3. Points may be redeemed for Midient Credit, restaurant offers, or other specific deals as announced on the app's Rewards Section, per shop.
83.4. While efforts are made to ensure accuracy in the Rewards Catalogue, Midient is not responsible for errors or omissions. The shop is entirely responsible for running, managing, and fulfilling the Program on the Platform.
83.5. Redeemed items, once issued, cannot be exchanged, returned, refunded, or redeemed for cash. Orders for redemption are final and cannot be altered once submitted.
83.6. Points earned are valid for the number of days set by the shop from the date they are credited to the member’s account.
84. The conditions for membership, Claims and Adjustments for Orders, Liability and Responsibility, and Governing Law in the Program will be as the following:
84.1. The Program membership is personal and cannot be duplicated, shared, gifted, or used for any purpose other than those specified in these terms and conditions. Points are non-transferable and are for the member’s use only.
84.2. Points from canceled or modified orders will be adjusted accordingly. No additional points will be awarded for orders delivered beyond the estimated delivery time. Retrospective claims for purchases made without signing in are not accepted.
84.3. Midient is not liable for any direct or indirect consequences arising from events beyond its control, including but not limited to force majeure events, or for any misuse or fraudulent use of the Program by members.
84.4. These terms and conditions, along with any disputes or claims arising from them, are governed and construed in accordance with the laws of the Republic of Iraq and applicable laws in the Kurdistan Region.
85. By enrolling in and using the Program, members agree to adhere to these terms and conditions, contributing to the integrity and proper function of the Program.
86. Midient may unilaterally terminate the relationship arising from these Terms at any time.
87. You agree that the consequences of commercial use or re-publication of content or information fromMidient may lead to significant and incalculable monetary damages. In such cases, monetary compensation may not be a sufficient or appropriate remedy, and Midient will be entitled to seek both temporary and permanent injunctive relief to prohibit such misuse.
88. During product delivery by shops, if the user is not present at the specified address, the products will not be delivered to any alternative location, unless the shop agrees to it, maybe with extra fees. In such cases, the user must accept all financial and legal responsibilities arising from ordering a product to an address where they are not present.
89. The return policy for products is determined by each individual shop. Midient does not assume any responsibilities for disputes that may arise from the product return terms of the shops. All communications regarding these issues must be between the user and the shop.
90. Customers may pay for their orders using Cash on Delivery. When other payment methods are available, such as online payment using Credit/Debit Card, Card on Delivery, or any other method developed later, customers can select from the available payment options on the platform.
91. Midient reserves the right to introduce new payment methods or discontinue existing ones.
92. When placing an order, the user conclusively chooses the payment method, particularly when selecting an online payment method, which will be processed by an external online payment provider in partnership with Midient.
93. Card data may be stored for future orders by external online payment providers, provided that the user consents to the storage and future use.
94. Customers are obligated to ensure sufficient funds in the respective account or, when using a credit card, to stay within the card's transaction limit. Users must avoid causing unauthorized debit chargebacks.
95. When your order is accepted by a shop, it establishes an agreement between you, the user, and the shop. The responsibility for the order rests entirely with the shop. Payment for cash orders is made directly to the shop upon delivery. If you opt to pay with a credit or debit card on the Platform, Midient acts as an agent for the shop to process the transaction. Delivery charges are determined by each individual shop and will be clearly displayed in your Order Summary.
96. Please carefully review the following conditions when using Debit/Credit Cards:
96.1. The user is responsible for paying any additional charges imposed by the shop due to special or general requests made by the user.
96.2. Order cancellation by the user is not possible after submitting your order unless you contact the shop and they agree to cancel the order for you on their end.
96.3. If the shop decides to refund you, the refund process initiated by Midient may take 2-7 working days. The duration needed to complete the process on the Debit/Credit Card's bank payment gateway largely depends on the operations of the Central Bank ofIraq. Any delays in crediting back the user’s account must be followed up with the bank.
97. Users utilizingDebit/Credit Cards for payment should be reachable at their provided contact numbers.
98. In cases where an item is missing from an order due to the shop's error, the shop will reimburse the user for the missing item, subject to the shop's own reimbursement policy.
99. Credit or Debit cards used for online payments must be owned by the user, or the user must have legal authorization from the card owner for the transaction.
100. The user is fully responsible for placing an order using the Debit/Credit Cards facility after thoroughly understanding all the terms and conditions.
101. Regarding enforcement of the terms:
101.1. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision shall be severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. No waiver by Midient of any breach of any provision hereof shall be deemed a waiver of any preceding or subsequent breach of that or any other provision.
102. Regarding license:
102.1. Midient grants you are vocable, non-transferable permission to view the site, and to download, email, share via social networking, or print individual pages from the site for your personal, non-commercial use in accordance with these Terms. This permission is contingent upon not removing any copyright or other notices from such pages. No other usage of the site's content is permitted.
102.2. You are prohibited from incorporating site content into any database, compilation, archive, or cache.
102.3. Alteration, copying, distribution, re-publication, transmission, display, performance, reproduction, publishing, reuse, reselling, licensing, creating derivative works from, transfer, or sale of any site information, content, material, software, products, or services is not permitted unless explicitly stated otherwise.
102.4. Accessing the site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the site or content is prohibited, unless specifically authorized by Midient.
102.5. Linking or framing to the site or any content, in whole or part, requires prior written consent fromMidient.
102.6. Rights not expressly granted in these terms are reserved by Midient.
103. Regarding intellectual property:
103.1. The content on thePlatform ("Midient Content"), including trademarks, service marks, and logos ("Marks"), are owned or licensed by Midient, and are protected under the intellectual property laws of the Republic of Iraq and international conventions. Midient Content comprises, but is not limited to, source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics.
103.2. Midient's trademarks and trade dress may not be used in connection with any product or service in a manner that causes confusion, or in any way that disparages or discreditsMidient.
103.3. Midient Content is provided "AS IS" for information and personal use only and cannot be used, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for other purposes without prior written consent.
103.4. Systematic retrieval of data or content from the website to create or compile a collection, compilation, database, or directory without written permission from Midient is prohibited.
103.5. You are granted a limited license to access and use the website and Midient Content for personal, non-commercial use. Midient reserves all rights not expressly granted to you, including in the website, Midient Content, and Marks.
103.6. Downloading or printing a copy of Midient Content for personal use mandates retaining all copyright and other proprietary notices. You agree not to circumvent, disable, or otherwise interfere with security-related features of the website or features that restrict use or copying of any Midient Content.
104. Regarding contribution license:
104.1. By posting contributions to any part of the website, you grant Midient an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, perform, display, reformat, translate, excerpt, and distribute such contributions for any purpose, including commercial, advertising, or otherwise. This extends to combining such contributions into other works and granting sublicenses. You confirm that you have the right to grant this license.
104.2. Midient reserves the right to edit, redact, re-categorize, pre-screen, or delete any contributions deemed inappropriate or in violation of this Agreement, at our sole discretion.
105. Regarding links to and from Other Websites, as a convenience, our site may offer links to other websites. Midient is not responsible for the content of any pages created and maintained by independent organizations. Accessing third-party websites is at your own risk. Midient does not control these websites and cannot guarantee their accuracy, completeness, or timeliness. Your use of the information on third-party sites is voluntary and should be based on independent review. Mention of commercial products or services does not imply endorsement byMidient.
106. Regarding Limitation of Liability, to the extent permitted by law, Midient provides this site and content "as-is" and "as available," without representation or warranty of any kind. We do not guarantee that the site will be error-free, timely, uninterrupted, that defects will be corrected, or that it is free of harmful components. Except as stated herein, neither Midient nor our directors, officers, agents, employees, or contractors are liable for any direct, indirect, special, or consequential losses or damages arising from the use or inability to use this site. Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence or that of our agents or employees.
107. Regarding Indemnity, you agree to indemnify and hold harmless Midient, its affiliates, agents, officers, directors, and employees from any claim, demand, or damage, including reasonable attorneys' fees, arising from your use of the site, your submissions, any alleged infringement of intellectual property or other rights, your violation of these Terms of Use, or any other acts or omissions relating to the site.
The information, content, products, services, and materials available through the site, whether provided by Midient, users, or third parties, are provided "as is"and "as available" without any warranties, express or implied. To the maximum extent permitted by law, Midient disclaims all representations and warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and warranties arising from course of dealing or performance.
