TERMS OF SERVICE

TERMS OF USE (USER)

Terms and Conditions for Mezany Travel

Here’s everything you need to know about our Terms of Service.

Welcome to our website (Mezany) a company registered in Egypt, under company number 68652 whose registered office is in Cairo, Egypt.
Please read them carefully as they contain important information about your legal rights and obligations. By accessing or using Mezany’s Platform or Mobile Application, you agree to comply with and be bound by these Terms of service.

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Mezany (as defined below) governing your access to and use of the Mezany platform, including any subdomains thereof, and any other websites through which Mezany makes its services available (collectively, “Site”), our mobile, and other smart device applications.

Our collection and use of personal information in connection with your access to and use of the Mezany Platform is described in our Privacy Policy.
If you are an Experience provider and/or host (business) wanting to use the Mezany platform to list experiences and/or services, please review the Experience Provider Terms and conditions .

 

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Mezany accessible at mezany.com.

These Terms will be applied fully and affect to your use of this Website. By using Mezany Website and mobile app, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Intellectual Property Rights

Other than the content you own, under these Terms, Mezany and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

The trademarks, service marks, and logos (“Trademarks“) contained on or in the App are owned by Mezany or its group companies or third party partners of Mezany. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Mezany or the relevant group company or the relevant third party partner of Mezany.

General Rules Relating To Conduct

Mezany platform is made available for your own, personal use. The platform must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the platform you must comply with all applicable country laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

Restrictions

You are specifically restricted from all of the following:

  • Publishing any Website material in any other media;
  • Selling, sublicensing and/or otherwise commercializing any Website material;
  • Publicly performing and/or showing any Website material;
  • Using this Website in any way that is or may be damaging to this Website;
  • Using this Website in any way that impacts user access to this Website;
  • Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Mezany may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Mezany a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Mezany reserves the right to remove any of Your Content from this Website at any time without notice.

 

Link to Third Parties

The App may contain links to websites operated by third parties (“Third Party Websites“). Mezany may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Mezany does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

No warranties

This Website is provided “as is,” with all faults, and Mezany expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Mezany, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Mezany, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Disclaimer / Liability

Use of the app is at your own risk. The app is provided on an “as is” basis. To the maximum extent permitted by law: (a) Mezany disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the app; and (b) all implied warranties, terms and conditions relating to the app (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Mezany and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of the app. Your statutory rights are not affected.

Mezany will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

If Mezany is liable to you directly or indirectly in relation to the app, that liability shall be limited to the sums paid by you upon purchasing the app, or any in-app spend, including subscriptions, whichever is greater.

Nothing in these Terms shall be construed as excluding or limiting the liability of Mezany or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.

Mezany Privacy Policy

We take your privacy very seriously. Mezany will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the App you acknowledge and agree that you have read and accept the terms of our app privacy policy and these terms.

Eligibility, Using the Mezany Platform, Member Verification

You must be at least 18 years old and able to enter into legally binding contracts to access and use the Mezany Platform or register a Mezany Account. By accessing or using the Mezany Platform, you warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

Payment Terms

Any and all payment processing services through or in connection with your use of the Mezany Platform (“Payment Services”) are provided to you by one or more Mezany Payments entities (individually and collectively, as appropriate, (“Mezany Payments”)

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Egypt.

Egypt is our country of domicile.

 

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.

 

Cancellation Policy

Cancellation of purchased experiences is subject to the timeline given by each vendor based on their preference. However, a minimum of 48 hours prior to experience as per Mezany’s guidelines, to allow vendors to settle their inventory. For any disputes, please email hello@mezany.com to handle the issue directly with the service provider.

Indemnification

You hereby indemnify to the fullest extent Mezany from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.§

Service Suspension

Mezany reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

Advertisers in the App

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Mezany, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

Competitions

If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Mezany from time to time (“Competition Rules“) and by the decisions of Mezany, which are final in all matters relating to the Competition. Mezany reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

In-app Voucher Codes

Any in-app voucher codes issued by Mezany may only be used in accordance with our Terms and Conditions for in-app voucher codes.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Mezany is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

Mezany is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Mezany and you in relation to your use of this Website and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the country Egypt, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Egypt for the resolution of any disputes.

TERMS OF USE (SERVICE PROVIDER)

Mezany reserves the right to decide, in its sole discretion, whether a submitted Experience will be published on the Mezany Platform. Once published, an Experience may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the Mezany Terms of Service. The Mezany platform is registered in Egypt, under company number 68652 whose registered office is in Egypt.

1) Experience Provider Acceptance of Terms

These terms govern the general use of the Mezany platform (including any mobile, website, social media, and associated sites owned by Mezany Company.). These terms constitute a binding legal agreement in electronic form between you (“Experience Provider”, “experience-provider”, “Provider”, “merchant”, “vendor”, “you”, “your”) and Mezany. , an Egypt-based corporation (“mezany”, “Mezany”, “we”, “us”, “our”). By using the site(s) and service(s), you agree to these terms.

 

2) Additional Agreements

In addition to the Experience Provider and/or host – Terms and Conditions, an Experience Provider and/or host that use Mezany site(s) and service(s) agree to the terms stated.

3) Creating an experience offer(s)

When listing an Experience, you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

Once your Experience is published on the Mezany platform, you will have the ability to add dates and times when you offer your Experience through the Mezany Platform. By making your Experience, available for a particular date and time on the Mezany Platform, you agree that only people who book through Mezany can attend the Experience. You further agree that you will not allow people to attend any of your Experiences, available on the Mezany Platform unless that person booked through Mezany.

4) Level of Service

Experience provider and/or host agrees to provide the same level of service to the customer as if the customer were paying the full retail price and in cash. This relates to the quality of service, scheduling priority and all other aspects related to the level of service to the end customer.

5) Experience providers liability

Experience providers and/or hosts alone are responsible for the Experiences, that they submit, list and provide. Mezany merely provides the Mezany Services and Tools and is not itself an operator or provider of tours, activities, travel services, Experiences, or other Services. Mezany does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, or Services. Mezany’s responsibilities are limited to making the Listings for Experiences, or other Services available through the Mezany Platform as a distribution channel.

You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience. You are solely responsible for ensuring that the Equipment used in your Experience is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

6) Additional Experience and/or Host Responsibilities

You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, or other Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, or other Service(s); and (iii) ensuring that your Listing and/or Hosting of an Experience, or other Service(s) will not breach any agreement you may have with any third party.

7) Third Party Providers

The Experience provider and/or host may subcontract portions of the Experience required by these terms to a third party (“Third Party Provider”). If Provider subcontract or delegate to a Third Party Provider with respect to fulfilling such Experience, Provider will remain solely responsible and liable for (a) all obligations, including financial obligations, under these terms and (b) all acts and omissions of Third Party Provider. The provider shall require Third Party Provider to comply with all applicable restrictions and obligations imposed under these Terms, and Provider will be solely responsible for the financial and contractual relationship with their Third Party Provider.

 

8) Payment Terms

Payment terms governing Experience Provider’s and/or hosts offerings with the Mezany platform are set forth in this document unless executed under a separate written agreement. The Experience Provider and/or host will list Experiences at a retail price on the Mezany platform. Mezany will collect payment from the customer and make the payment available for redemption by the Experience Provider. Upon customer attending and redeeming the Experience Provider fulfilling Experience to the end-user, Mezany will pay to the Experience Provider an amount equal to the retail price minus the sales commission percentage which is agreed upon. The standard sales commission fee is 15% of the retail price charged on the Mezany platform. This will be the applicable sales commission fee unless a different fee is set forth in a separate written agreement. The fee will be payable from Mezany to the Experience Provider and/or host within 30 days maximum of adequately fulfilling the Experience to the customer or user unless the customer files a dispute with Mezany within seven (7) days of redeeming the Experience. In cases where the customer files a dispute or complaint within seven (7) days, payment will be withheld while Mezany investigates the dispute. Mezany will not incur any penalties or interest on any payments that are withheld or delayed due to a dispute filed by the customer or user. In no circumstance is the Experience Provider and/or host owed any amount prior to providing the Experience.

9) Collection of Applicable Taxes

The Experience provider and/or host is solely responsible for remitting all applicable sales taxes to the appropriate authorities. The Experience Provider and/or host may enter a sales tax percentage for Mezany to collect at the point of sale. Mezany simply collects the sales tax amount that the Experience Provider and/or host enters and sends this full amount to the Experience Provider and/or host. Mezany will include tax amount with Experience payment. Under no circumstance will Mezanyverify that Experience Providers and/or hosts are correctly paying sales taxes to the appropriate authorities. Under no circumstance will Mezany make the sales tax payments to the government.

10) Intellectual Property Rights

Other than the content you own, under these Terms, Mezany and/or its licensors own all the intellectual property rights and materials contained in the Mezany platform.

You are granted a limited license only for purposes of viewing the material contained on the Mezany platform.

The trademarks, service marks, and logos (“Trademarks“) contained on or in the App are owned by Mezany or its group companies or third party partners of Mezany. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Mezany or the relevant group company or the relevant third party partner of Mezany.

11) Customer Data

Provider acknowledges that Mezany owns all data collected by Mezany through the Mezany platform (s), social media pages, applications and any other method of collecting Friendture customer data. Mezany shall not provide Providers with customer data except to the extent necessary to fulfil the Experience to the customer, as determined by Mezany.

 

12) Severability

If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

 

13) Term and Termination

These terms are effective on the earlier date of when the Experienced Provider and/or host first access their Business Provider account or formally accept the Experience Provider terms and conditions. These terms will remain in effect for experiences listed and covered under this agreement until all Experiences are redeemed or refunded/exchanged. Mezany may terminate these terms at any point without advanced notice. Upon termination, Mezany will pay Experience Providers and/or hosts for any Experiences fulfilled that have not been disputed. Experiences that have purchased but not redeemed will be refunded or credited to the customer or user.

 

14) Limitation of Liability

Mezany’s complete liability to the Experience Provider and/or host shall be limited to the amount of fees due for Experiences that have been purchased and fulfilled minus the fees for services that have been disputed by the customer or user. In no case shall Mezany be liable for any claims related to the goods and services provided by Provider and/or host, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death.

15) Indemnification

By Experience Provider and/or host – You, at your sole cost and expense, shall defend, indemnify and hold Mezany, its owners and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations against any expenses, fees, costs, penalties, damages, or losses (including but not limited to attorney’s fees and costs) (collectively, “Expenses”) arising out of or relating to any of the following: (a) your negligence, fraud, willful misconduct, or breach or alleged breach of these Terms; (b) any claim for state sales, use, hotel occupancy, or any other similar tax obligations (including any penalties, interest or other additions to tax) arising from the sale and subsequent redemption of a voucher; (c) to the extent applicable, any claim by any local, state or federal governmental entity for any unclaimed property regarding vouchers, including but not limited to, any claims for penalties and interest; (d) the goods and/or services provided by you, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death.

 

16) Updates to these Experience Host Terms

We reserve the right to update, modify or discontinue the Experience Providers Terms, at any time. If we modify the Experience provider and/or Host Terms, we will give you notice and post the modification on the Mezany Site, Application, or Services. By continuing to access or use the Services after the modified Experience Host Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.