Hawilti evolves in a fast-paced tech and media environment, and our sites are constantly being updated and developed. As we add new services on a regular basis, please make sure to check our terms & conditions frequently to be informed of the latest modifications and updates.
1) General Rules
a) The Agreement. These Terms of Use (the “Agreement) governs your use of all digital products and services from Hawilti (the “Services”) unless other terms and conditions expressly govern. Examples of such products and services include Hawilti.com whether accessed through desktop or mobile web, Hawilti social media pages and groups, Hawilti email newsletters, iOS application, Android application. By accessing or using the Services, you hereby accept the Terms of Service.
b) Changes to the Agreement. We may change, add or remove portions of these Terms of Service at any time. Such changes shall become effective immediately upon posting. Your continued use of the Services and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below; to our Privacy Policy; and to all applicable laws and regulations. Nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.
c) You agree not to use the Services for any unlawful purpose. Hawilti may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
2) Access & Registration
a) Representation & Warranty. You represent, warrant and covenant (a) that you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (b) if you are under 18 years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service. You further represent and warrant that you have provided accurate and complete information in any communication with Hawilti.
b) We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees.
c) User Account. In order to access some of the Services, you may be required to use an account and password that can be obtained by completing a registration form, which requests certain information (“Registration Data”). Registration Data and other information about you are subject to our Privacy Policy.
i) By registering, you agree that all Registration Data you provide is accurate and that you will maintain and update this information to keep it accurate and current.
ii) If you access the Services using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Services.
iii) You are responsible for all usage or activity on your account with Hawilti, including use of the account by any third party authorized by you to use your login credentials. If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address or name).
d) Prohibited Use
i) You may not access or use, nor attempt to access or use the Services to take any action that could harm us, any of our partner or a third party or obstruct the Services or take any other actions which Hawilti, in its sole discretion, deems to be inappropriate.
ii) You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights.
iii) You may not access any part of the Services, Content, data or information you do not have permission or authorization to access or for which Hawilti has revoked your access.
iv) You shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof.
v) You may not forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Services, or servers or networks connected to the Services; or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
vi) You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble, “Frame” or “mirror” any part of the Services.
vii) You may not obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Services or the contents (except if and as expressly permitted by Hawilti).
viii) You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
3) Content on the Services
a) Intellectual Property. Hawilti, the Services, and all text, photographs, images, illustrations, designs, audio clips, videoclips, data, or compilations contained in the Services and in Hawilti’s products are protected by copyright, trademark, patent, trade secrets, other applicable law and are the property of Hawilti, except as otherwise identified. All copyrights and trademarks not the property of Hawilti that are used or referred to in the Services and Hawilti’s products are the property of their respective owners. Nothing contained in the Services or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Hawilti or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Services or other products may violate the law.
b) Non-Commercial Use. The contents of the Services are intended for your personal, noncommercial use and Hawilti’s products, including third-party and licensed materials on the Services, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to articles with others.
c) Non-Endorsement. The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by Hawilti. Such links do not constitute an endorsement by Hawilti of those other websites or online services, the content displayed therein, or the persons associated therewith. These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.
d) Reprints. To request permission to reproduce or distribute materials from the Services, email info@hawilti.com.
e) RSS Feeds. Some of the Services may provide an RSS feed (the “Feeds”). Individuals may use the Feeds free of charge for their personal, non-commercial use only. When using the hawilti.com feeds, we ask that you provide attribution to hawilti.com including at a minimum a linked logo, a link that returns to the original URL and that you set the canonical tag to Hawilti. Hawilti reserves the right to disable, to change, or to cease distribution of Feeds at any time, and reserves the right to require individuals to cease any and all use of the Feeds at any time for any reason.
4) Hawilti Membership
a) Some Hawilti content is only available to users who join the Hawilti Membership by registration. Such registration is free and you will not be charged for using the Services.
e) If you have encountered technical difficulties that have impacted your Membership experience, please email info@hawilti.com and we will work with you to resolve them.
5) User Submissions
a) Content Warranty. By uploading, creating, or submitting images, text, video, profile information, comments, letters to the editor, e-mails, or other data and information to the Services (“User Submissions”), you represent to Hawilti that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. Furthermore, by uploading your User Submissions, you hereby grant Hawilti the right and permission to use your name, likeness, photograph, voice, biographical information and/or any statement made by you regarding Hawilti or the Services for any purpose (including, without limitation, for advertising or promotional purposes) without notice or compensation, except where prohibited by law.
i) You are solely responsible for the content of your Submissions and by making a User Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
ii) Prohibited Acts. You shall not
– upload to or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
– impersonate anyone else or otherwise misrepresent your identity, affiliation or status.
– provide material and misleading information knowingly and with intent to defraud.
– upload to or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services.
– use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
iii) Content License, You grant to Hawilti, and anyone authorized by Hawilti, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, transmit, assign, display, distribute, perform, reproduce in whole or in part, modify, create derivative works of, host, cache, encode, and adapt the User Submissions in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions. Further, you waive any moral rights you may have in any User Submissions. User Submissions made to the Services may also be included in our RSS feeds and made available for republishing through other formats.
b) Content Moderation. We reserve the right to monitor or remove any User Submissions (including all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Service) from the Services at any time without notice that it deems, in its sole discretion abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
c) If you use the Hawilti App, you agree to comply with the Hawilti App Community Rules.
6) Limitation of Liability
a) Hawilti does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, Hawilti DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PROFESSIONAL. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
b) IN NO EVENT WILL Hawilti, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“Hawilti PARTIES“) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES“). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE Hawilti PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE Hawilti PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
7) Indemnification
a) You hereby indemnify, defend and hold harmless Hawilti and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Hawilti reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
8) Miscellaneous
a) Severability. If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.
b) Waiver. Our failure to enforce any provision of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
c) Governing Law and Jurisdiction. These Terms of Service have been made and shall be construed and enforced in accordance with the laws of Mauritius, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in courts located in Mauritius. Any claim or cause of action arising out of or related to use of the Services or these Terms of Services must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.
9) Notice of Infringement
a) Hawilti respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing to info@hawilti.com.