Terms & Condition
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Welcome to Midlion.com, a free and fee based service website, owned and operated by PIL GAM RAYANEH Co. Ltd (hereinafter referred to as "PGR"). The following document explains the terms and conditions applicable to your use of Midlion.com, including but not limited to accessing Midlion.com for whatever purpose, using the information, services and products provided by Midlion.com, promoting business between users of Midlion.com at home and abroad(also referred to as "Service"). Your use of Midlion.com is subject to these terms and conditions (also referred to as "Agreement"), including any other legal notices and regulations applicable to the Service, between you as “user and member of www.Midlion.com” and PGR.
1.1 By using Midlion.com, you acknowledge the terms and conditions hereof and agree that you will be bound by the terms and conditions contained in this Agreement.
1.2 In addition, this Agreement may be changed or updated by PGR. from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted on Midlion.com. Your continuous use of our Service signifies your acceptance of the changed Agreement.
1.3 Unless explicitly stated otherwise, any further upgrade, modification, addition or change to the Service, or any new function that augments or enhances our Service shall be subject to this Agreement. You may stop using the Service at any time.
1.4 This Agreement may not be otherwise modified except in writing signed by an authorized officer of PGR.
2.1 Midlion.com provides services to individuals and companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Service.
2.2 PGR is obligated to advise you that any user, during accessing Midlion.com , must behave in accordance with applicable laws. PGR is not responsible for the possible consequence caused by your behavior during use of Midlion.com .
2.3 Midlion.com may, in its sole discretion, refuse the Service to anyone at any time without any prior notice to you. The Service is not available to temporarily or indefinitely suspended members of Midlion.com .
3. Registration Obligations
3.1 In joining or becoming a member of Midlion.com , you hereby agree to: (a) provide true, accurate, current and complete information about yourself (such as identification, contact details and etc.) in the "JOIN FREE" application form (such information being the "Registration Content"), or as part of your continued use of the Service and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete.
3.2 If you represent a business entity registered on Midlion.com , you promise that you have the authority to bind the entity to this Agreement.
3.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or PGR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PGR reserves the right at its sole discretion to suspend or terminate your Service without any prior notice to you.
3.4 During the registration process, you will create a Member ID and Password. By becoming a registered member of Midlion.com (also referred to as "Member"), you could access to your own account by your Member ID and Password.
4.1 You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify PGR of any unauthorized use of your Member ID or Password or any other breach of its security, and (b) ensure that you properly exit the website at the end of each session. PGR cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. PGR does not have the duty for your damages causing by force majeure, such as attacks, any interrupts, or malfunction.
4.2 You agree to use the Service only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or guideline in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Midlion.com .
4.4 You agree that you are solely responsible for (and that PGR has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which PGR may suffer) of any such breach.
4.5 Midlion.com will send or serve any notice or document to your email address (and you agree that when you modify the original email address submitted during the registration process and it is accepted by Midlion.com , the new email address will be prevail). If the notice or document arrives at your email system (or the circumstances justify the assumption that the service has been made), the service shall be deemed completed.
4.6 Midlion.com is entitled to send all kinds of business information relating Midlion.com 's services by the contacting you have provided( Including e-mail, mobile phone messages, etc. ). You must send a written notice to us if you refuse to continue to receive the business information.
5. Information collection
5.1 Only registered members can provide, post, send, publish or submit (also referred to as "provide") information (such as files, photographs, videos or other images about person and/or entity, products, services, offers, etc.) on Midlion.com . PGR reserves the right (but shall have no obligation) to filter, modify, select and/or delete any or all information it deems inappropriate. Every member is solely & legally responsible for (and that PGR has no responsibility to you or to any third party for) the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information that you create, display, transmit or provide while using the Service and for the consequences of your actions (including any loss or damage which PGR may suffer) by doing so.
5.2 Each Member acknowledges and warrants that information provided to Midlion.com shall not (a) be obscene, contain, infer any pornography, sex-related merchandising, any other content, otherwise promotes explicit sexual materials or is otherwise harmful to people, (b) be defamatory, libelous, unlawfully threatening or unlawfully harassing, (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) infringe or otherwise abet, encourage the infringement ,be in violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary rights, rights of publicity or privacy, or any other Third Party Rights, and (e) be restricted or prohibited by law.
5.3 Though PGR makes great effort to confirm the information provided, PGR does not guarantee & is not legally responsible for the accuracy, integrity, quality & non-infringement of such information.
5.4 PGR collects information about persons/companies, products & offers, and builds its own database. PGR holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from Midlion.com is strictly prohibited, and PGR reserves right to take legal action in the case of such activity.
Midlion.com may contain links to other websites, but PGR does not have control over such websites and resources by provided by those websites. Please be cautious about such sites' terms and conditions and/or privacy before using such sites. PGR does not endorse and is not responsible for the validity of any content, advertising, service, products or information from said linking websites. You acknowledge that PGR is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking websites.
7.1 Access to and the use of Midlion.com as well as registration as a Free Member are free of charge. PGR reserves the right to modify the charging clause without prior notice and would post the changed clause on Midlion.com immediately.
7.2 PGR provides certain services to users who have undergone a specific registration process and/or verification process and agreed to pay for such services ("Premium Services" such as advertising, trade or membership services). Use of certain services or features of Midlion.com that are part of a Premium Service are governed by additional terms and conditions under separate agreements in addition to this Terms & Conditions.
7.3 Please note that we are not responsible for all hardware, software, service and other costs you incur while accessing our website and Internet based data on our servers. PGR reserves the right to change or discontinue, temporarily or permanently, some or all of the services and/or features at any time without notice.
8. Dispute Resolution
8.1 In the event that any user has a complaint, dissension, or dispute with any party to a transaction or other users, such user acknowledges and agrees that PGR has the right (but not the obligation) to accept and deal with the complaint, dissension, or dispute with your authorization. You have to provide materials which could be used as a deterrent against the complaint, dissension, or dispute at a specified time when you receive the notice sent by email or any other means from Midlion.com, otherwise PGR would handle the complaint, dissension, or dispute at its sole discretion with its independent judgment, where the resolution would be unfavorable to you. PGR may impose the limitations on, suspend or terminate the use of Service or refuse your accessing Midlion.com if there is a breach of the items of this Agreement and other terms, regulations and policies for the uses of any Service.
8.2 You acknowledge and promise that (a) the ability of making a judgment and/or dealing with a complaint, dissension, or dispute is limited, (b) no warrant shall be made that the results would meet your requirements, anticipation, or hope, (c) and in no event shall PGR be liable for the judgment or results. It is PGR right to decide whether or not to participate in the handling of the complaint, dissension, or dispute.
8.3 You agree to immediately notify PGR of any infringement or breach of your legal rights by using of Service and provide necessary evidences. You are liable for the authenticity and legitimacy of your deed.
8.4 If the Member is in breach of any items of this Agreement or other terms, regulations and policies for the uses of any Service, according to the legally effective judgments or orders of the people's court verify or PGR ' suspicion at its sole discretion, PGR reserves the right to publish the records of such breach on the website, and make other appropriate treatments, including but not limited to termination of Service, prohibition of the use of Midlion.com permanently.
9.1 PGR withholds the right to temporarily or permanently terminate your use of Service or refuse your accessing Midlion.com for any of the following reasons where you:
(a) Utilize Midlion.com for fraudulent or illegal activities, or violate any applicable law, regulation or guideline, or are engaged in activities that may damage the rights of PGR or others.
(b) Utilize Midlion.com to send or provided false information in connection with your member account or spam messages or repeatedly publish the same product information.
(c) Post any material to members that are not related to international trade or business cooperation.
(d) Impersonate or unlawfully use another person's or companies' name to post information or conduct business of any form.
(e) Undertake any scheme to undermine the integrity of the computer or networks used by Midlion.com and/or any other users and attempt to gain unauthorized access, use, modification or control of such computer systems or networks.
(f) Post or transfer documents or materials that contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
(g) Obtain by any means Midlion.com member's username and/or password.
(h) Transfer the service of Midlion.com (including but not limited to the member's username and password) or relevant business information obtained from Midlion.com in any form.
9.2 PGR reserves the right to terminate your Service, refuse your use of Service or refuse your accessing Midlion.com at any time for any reason, at its sole discretion, with or without notice. When your use of the Service is charged, we're entitled to doing so based on reasonable suspicion and notification by email, and not responsible for the consequences (including any loss or damage) of the actions by doing so.
9.3 You will not be able to (a) use the website or the Service, (b) post, provide, send or publish information on the website, (c) allow others to post, provide, send or publish information on the website on your behalf. Your registration information or any other information you provided will be deleted or discard. We reserve the right to pursue your legal responsibilities for your breach of law or Agreement.
10. Liability Disclaimer
10.1 Midlion.com will not be liable for interruption to Service directly or indirectly as a result of acts of god, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labor disputes, riots, war, governmental actions, human error or other obstacles. The services available to you on Midlion.com may contain errors and our service is subject to periods of interruption. While PGR does its best to maintain the services available on Midlion.com, PGR cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.
10.2 PGR provides the services on Midlion.com "as is," with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
10.3 In no event shall PGR be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of Midlion.com or from any members' use of services provided through this website, even if Midlion.com has been advised of the possibility of such damages.
10.4 If you are dissatisfied with Midlion.com, or any portion, your exclusive remedy shall be to cease using the website.
10.5 PGR owns all legal rights, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
10.6 In order to comply with laws, regulations, policies of other countries, which are always different, the content may be slightly different when users access from different countries. PGR does not accept any responsibility for blocking the display of information’s which are violation of laws, regulations and policies of other countries.
11. Disclaimer of Warranties for Products Database
You expressly agree that use of our database contained on Midlion.com is at your own risk. PGR shall not be responsible for any content found on this database. PGR expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PGR makes no warranty that our database will be uninterrupted, timely, securely or error free.
You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through use of the database on Midlion.com is done at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.
Midlion.com, PGR, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from using of Offer Board or Products Directory on Midlion.com, or for any decision made or action taken by you in reliance on content contained in Offer Board or Products Director. Midlion.com, PGR, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if you are advised of the possibility of such damages, resulting from the use or the inability to use the service.
Some jurisdictions do not allow the exclusive of certain warranties, so some of the above exclusions may not apply to you.
Midlion.com adopts strict security policies. If any member should interfere with our security policies they shall be temporarily or permanently banned from using Midlion.com and its related services. In addition information published by other members will not be available to those members whose access to Midlion.com has been terminated.
You agree to indemnify and hold Midlion.com, PGR, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Offer Board or Product Directory on Midlion.com, the violation of these terms and conditions by you, or the infringement by you, or other user of Offer Board or Product Directory using your computer, of any intellectual property or other right of any person or entity. PGR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
All contents in these websites are Reproduction in whole or in part in any form without the prior written permission of PIL GAM RAYANEH Co. Ltd. is prohibited. All rights reserved.
These Terms constitute the entire agreement between the parties relating to the subject matter herein. No waiver by PGR of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
PGR and its affiliates shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God and any Religion , any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
This website may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to contact Suppliers and Providers about their products or services, receive and reply to messages from PGR and access certain other features (collectively, the "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that PGR may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to PGR. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages PGR intends to send to you are not sent to another entity who acquires such mobile telephone number.
17 – Applicable law – Litigation
Law governs this contract is where the contract signed.
All disputes and claims arising from or relating to the present contract including its conclusion, validity, termination or breach ,and its interpretation or application, shall be submitted to the Arbitration centre of the Iran Chamber (ACIC) for binding and final arbitration by one or three arbitrators in accordance with the Law of Statute of the Arbitration centre of Iran Chamber
And the Arbitration Rules of ACIC. In addition to the applicable laws and regulations, the arbitrator(s) shall take into account the relevant trade usages. The present arbitration clause shall be treated as an agreement independent of the contract and shall in any case be biding.
The parties expressly agree that the arbitration location shall be the place where the contract signed. None of the parties can cancel the contract by own act unless a mutual agreement is made. This contract is made in -- pages and 3 copies and is valid after being signed by both parties. Drawn up in four original copies, in English, duly signed and remitted to the parties.
This contract is written in full and fluent English and both parties acknowledge and understood all condition and obligations mentioned in the paragraphs, articles and clauses of this contract and have agreed and approved by both parties (you as user and member of www.midlion.com and PGR).
19. Force Majeure
Under no circumstances shall Milion.com be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Revised: March 15, 2016