Terms & Conditions

1. AGREEMENT TO TERMS OF USE

These Terms of Use (or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MARI DEAL LTD ("MARI DEAL LTD”, “we," “us," or “our”), concerning your access to and use of the marideal.mu / www.marideal.com website, being this website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site is also accessible at our various outlets across Mauritius (“our Outlets”).

We are a private company, limited by shares, registered under the laws of Mauritius, under Company Number and Business Registration Number (BRN), C13118233. Our registered office at 2nd Floor and 3rd Floor, Off Motorway, Round About, The Vale, Grand Bay, Mauritius.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are physical and mentally capable persons of at least 18 years old acting in their own capacity. Persons under the age of 18 are not permitted to use or register (by creating an account) for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have the legal capacity, and you agree to comply with these Terms of Use;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Site for any illegal or unauthorised purpose; and
• your use of the Site will not violate any applicable law or regulation.
• If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION (CREATION OF AN ACCOUNT)

You shall be required to register with the Site by creating an account to make a purchase of any product or service advertised or offered by us or a third part through the Site.

Your account shall be marked “Inactive” if it is not used to make any purchase for a period of one (1) calendar year.

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise, objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us in writing.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Use the Site to advertise or offer to sell goods and services.

6. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

• By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully- paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
• This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
• We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
• We have the right, in our sole and absolute discretion:
  • to edit, redact, or otherwise change any Contributions;
  • to re- categorize any Contributions to place them in more appropriate locations on the Site; and
  • to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

• you should have first-hand experience with the person/entity being reviewed;
• your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
• your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• your reviews should not contain references to illegal activity;
• you should not be affiliated with competitors if posting negative reviews;
• you should not make any conclusions as to the legality of conduct;
• you may not post any false or misleading statements; and
• you may not organize a campaign encouraging others to post reviews, whether positive or negative.
• We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

9. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

• except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
• violate any applicable laws, rules, or regulations in connection with your access or use of the application;
• remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
• use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
• make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
• use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
• use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
• use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

• The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
  • the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  • we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  • in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  • you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a Voice over Internet Protocol (VoIP) application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
  • you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

10. SUBMISSIONS

• You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

11. THIRD-PARTY WEBSITE AND CONTENT

• The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third- Party Websites.

12. ADVERTISERS

• We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

13. SITE MANAGEMENT

• We reserve the right, but not the obligation, to:
  • monitor the Site for violations of these Terms of Use;
  • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

14. PRIVACY POLICY

• We care about data privacy and security. Please review our Privacy Policy.
• By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Mauritius. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Mauritius, then through your continued use of the Site, you are transferring your data to Mauritius, and you agree to have your data transferred to and processed in Mauritius.

15. COPYRIGHT INFRINGEMENTS

• We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).
• A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting a competent Law Practitioner.

16. PURCHASES, PAYMENTS, AND CANCELLATIONS

• Payment towards the purchase for any product or service advertised or offered by us or a third part through the Site may be by Credit Card, Debit Card, Internet Banking (collectively, “Electronic Payment”). Cash payment is also accepted at our Outlets.
• Each purchase made for any product or service advertised or offered a third part through the Site on the Site (also referred to as an “Order” or “Booking”), shall have a unique Order/Booking Number and a corresponding unique Bar Code/QR Code.
• It is your sole responsibility to ensure that you are able to present:
  • a scannable Bar Code/QR Code accompanying your Order/Booking;
  • a valid National Identity Card or Passport,

upon being so requested by the third party offering the product or service to which your Order/Booking relates.

• As regards Electronic Payment, it is your sole responsibility to verify:
  • the validity thereof;
  • the availability of funds;
  • any applicable currency exchange rate; and
  • any applicable bank/transaction charge, fee, and/or commission.

Such verification is to be done by you with the bank through which the Electronic Payment is made.

• In the event of any refund of the Electronic Payment, we shall withhold any applicable bank/transaction charge, fee, and/or commission as may be raised by the relevant banks towards the processing of the refund. As such, the refunded amount shall be less than the Electronic Payment made.
• We reserve the right to cancel any purchase for any product or service advertised or offered by a third part through the Site, without incurring any liability, if the required payment has not been received, in full amount, within 2 business days of the purchase being made.
• In the event of any refund of any payment, be it Electronic Payment on in cash, following your cancellation of any purchase, we shall charge, and withhold from the thus refunded amount, a cancellation fee amounting to five percent (5%) of the total amount you paid towards such purchase (“Cancellation Fee”), and that, in addition to any applicable bank/transaction charge, fee, and/or commission as may be raised by the relevant banks towards the processing of the refund.

17. GIFT CARDS

• MARI DEAL LTD offers, for sale, gift cards which may be redeemed for their nominal value towards the purchase of eligible products or services advertised or offered by a third part through the Site (“Gift Cards”).
• Gift Cards shall be subject to these Terms of Use.
• A Gift Card has a validity period of one (1) calendar year from its date of purchase, following which period, it cannot be redeemed.
• You may not redeem more than two (2) Gift Cards towards a single purchase (having a unique Order/Booking Number).
• Should the total nominal value of the Gift Card(s) redeemed towards a single purchase (having a unique Order/Booking Number) exceeds the value of such purchase, the nominal value of the Gift Card(s) thus found in excess shall be credited to your “Gift Card Balance” (“Gift Card Balance”) which appears on your Customer Account.
• Any product or service offered by a third part through the Site which you may purchase with a Gift Card will be deducted from your “Gift Card Balance” (“Gift Card Balance”) which will appear on your Customer Account.
• Should your Gift Card Balance be insufficient to cover your intended purchase, you will be invited to complete the purchase by using another acceptable payment method to pay for the balance.
• If, for any reason, your account is terminated or suspended or marked “Inactive”, your Gift Card Balance shall automatically and irreversibly reset to nil/zero value.
• No Gift Card may be reloaded, resold, transferred for value, redeemed/refunded for cash, or redeemed towards the purchase of another Gift Card.
• Your Gift Card Balance may not be sold, transferred, or redeemed/refunded for cash.
• For the avoidance of doubt, if for any reason you should decide to cancel a purchase, you will not be entitled to any refund or reissuance of any Gift Card or Gift Card Balance (or their respective value) that has been redeemed towards such purchase.

18. STORE CREDITS

• MARI DEAL LTD may offer you Store Credits which may be redeemed for their nominal value towards the purchase of eligible products or services advertised or offered by a third part through the Site (“Store Credits”).
• Store Credits shall be subject to these Terms of Use.
• Store Credits have a validity period of one (1) calendar year from the date they have been issued, following which period, they cannot be redeemed.
• Should the total nominal value of the Store Credits redeemed towards a single purchase (having a unique Order/Booking Number) exceeds the value of such purchase, the nominal value of the Gift Card(s) thus found in excess shall be credited to your “Store Credit Balance” (“Store Credit Balance”) which appears on your Customer Account.
• Should your Store Credit Balance be insufficient to cover your intended purchase, you will be invited to complete the purchase by using another acceptable payment method to pay for the balance.
• Any product or service offered by a third part through the Site which you may purchase by redeeming your Store Credits will be deducted from your Store Credit Balance which will appear on your Customer Account.
• If, for any reason, your account is terminated or suspended or marked “Inactive”, your Store Credit Balance shall automatically and irreversibly reset to nil/zero value.
• Your Store Credit Balance may not be sold, transferred (be it to another person or towards another intended purchase on the Site), or redeemed/refunded for cash. For the avoidance of doubt, if for any reason you should decide to cancel a purchase, you will not be entitled to a refund of any Store Credit (or the value thereof) that has been redeemed towards such purchase.

19. REWARD POINTS

• Mari Deal Ltd may reward you for your loyalty as part of its Loyalty Programme (“Loyalty Programme”) by granting you Reward Points which may be redeemed towards the purchase of eligible products or services advertised or offered by a third part through the Site (“Reward Points”).
• Each Reward Point has an ascribed value of ten cents (Rs 0.10).
• Reward Points shall be subject to these Terms of Use.
• Reward Points have a validity period of one (1) calendar year from the date they have been issued, following which period, they cannot be redeemed.
• Should the total value of the Reward Points redeemed towards a single purchase (having a unique Order/Booking Number) exceeds the value of such purchase, the nominal value of the Gift Card(s) thus found in excess shall be credited to your “Reward Points Balance” (“Reward Points Balance”) which appears on your Customer Account.
• Should your Reward Points Balance be insufficient to cover your intended purchase, you will be invited to complete the purchase by using another acceptable payment method to pay for the balance.
• Any product or service offered by a third part through the Site which you may purchase by redeeming your Reward Points will be deducted from your “Reward Points Balance” which will appear on your Customer Account.
• If, for any reason, your account is terminated or suspended or marked “Inactive”, your Reward Points Balance shall automatically and irreversibly reset to nil/zero value.
• Mari Deal Ltd, may at its sole discretion, decide to terminate the Loyalty Programme, in which case, we shall send you a notice of 30 days by email. Such termination of the Loyalty Programme shall automatically and irreversibly reset your Reward Points Balance to nil/zero.
• Your Reward Points Balance may not be sold, transferred (be it to another person or towards another intended purchase on the Site), or redeemed/refunded for cash. For the avoidance of doubt, if for any reason you should decide to cancel a purchase, you will not be entitled to a refund of any Reward Point (or the value thereof) that has been redeemed towards such purchase.

20. DISCOUNT CODES

MARI DEAL LTD may offer you one Discount Code or more which may be applied for their ascribed value or percentage discount towards the purchase of eligible products or services advertised or offered by a third part through the Site (“Discount Code”).

Discount Codes shall be subject to these Terms of Use.

• Unless the Discount Code is expressly marked as “Multi-Use”, the Discount Code shall be deemed to be “Single-Use” such that it may not be applied towards more than a single purchase (having a unique Order/Booking Number). “Single-Use” Discount Code will only apply to the single purchase (having a unique Order/Booking Number) which appears first in your “Cart”/“Booking Summary”.
• Once you have applied your Discount Code towards your intended purchase, you will be invited to complete the purchase by using another acceptable payment method to pay for the balance.
• Any Discount Code offered to you may not be sold, transferred, or redeemed/refunded for cash. For the avoidance of doubt, if for any reason you should decide to cancel a purchase, you will not be entitled to any reissuance of the Discount Code or discount (or their respective value) that has been applied towards such purchase.
• Any product or service offered by a third part through the Site that has been purchased by applying a Discount Code may not be amended, modified, exchanged, substituted, postponed, or rescheduled.
• Discount Codes may not be applied retrospectively towards a purchase that has already been fully paid.
• Any Discount Code offered to you shall be, subject to, and accompanied by, an expiry date, following which it cannot be applied towards any purchase.

21. GROUP AND LONG STAY BOOKINGS

• You may not, directly, or indirectly, alone, or in concert with one or more persons, purchase (Book) stays:
  • at more than eight (8) rooms and/or apartments and/or villas (and/or such similar units) with the same third party and where the stay dates do not spread beyond 7 days; and/or
  • for more than twenty-eight (28) nights with the same third party.
  • Should you wish to purchase (Book) for any of the foregoing, you shall be required to contact us and request to speak one of our travel specialists.

22. TERM AND TERMINATION

• These Terms of Use shall remain in full force and effect while you use the Site.
• WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE OR SUSPEND YOUR ACCOUNT, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR OTHER PROVISION CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
• If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
• Any breach, on your part, of any representation, warranty, or other provision contained in these terms of use or of any applicable law or regulation, shall constitute the repudiatory cancellation of any purchase you may have made on the Site.

23. MODIFICATIONS AND INTERRUPTIONS

• We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
• We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

24. GOVERNING LAW

• These Terms shall be governed by and defined following the laws of Mauritius.
• MARI DEAL LTD and yourself irrevocably consent that the courts of Mauritius shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

25. DISPUTE RESOLUTION

• You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the courts of Mauritius.
• MARI DEAL LTD shall however also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
• MARI DEAL LTD shall be entitled to claim any legal fees, costs, and expenses pertaining to any action against you, including but to limited to Attorney and Counsel fees and the cost of any Notice Mise en Demeure to be served upon you.

26. CORRECTIONS

• There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

27. DISCLAIMER

• THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
  • ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

28. LIMITATIONS OF LIABILITY

• IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LOWER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR TEN THOUSAND MAURITIUS RUPEES (RS 10,000), DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

29. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including legal fees, costs, and expenses, made by any third party due to or arising out of:

• • your Contributions;
  • use of the Site;
  • breach of these Terms of Use;
  • any breach of your representations and warranties set forth in these Terms of Use;
  • your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

30. PERSONAL DATA

• MARI DEAL LTD is the “controller” of your personal data within the meaning of the Data Protection Act 2017 (“Data Controller”) for the purpose of the Site and its contact details are as follows:

Address:	2nd Floor and 3rd Floor, Off Motorway, Round About The Vale Grand Bay Mauritius
Phone:	([phone]
E-mail:	[e-mail]

• The personal data used by the Site are those you consent to provide
• We will maintain certain data that you transmit to the Site for the purpose of processing any purchase you may make on the Site, managing your accounts, managing the performance of the Site, as well as data relating to your use of the Site.
• Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
• The personal data may be processed by our subcontractors for the purpose of the Site.
• You may withdraw your consent at any time by contacting the Data Controller, without affecting the lawfulness of processing based on consent before its withdrawal.
• You may request the Data Controller access to and rectification, restriction or erasure of your personal data or to object to the processing.
• You may lodge a complaint with the Data Protection Commissioner should feel that your rights under the Data Protection Act 2017 have been infringed.

31. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

• Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
• YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS/BOOKINGS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
• You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

32. SUPPLEMENTARY IMPOSITIONS

• In addition, and not in substitution or derogation, to these Terms of Use, you may be further subject, and bound, to:
  • to any term specific to any product or service advertised or offered by a third part through the Site and imposed by such third party;
  • any requirement/restriction as may be imposed by competent local and/or foreign authorities, including, but not limited to, matters relevant to biosecurity and border controls

(collectively, “Supplementary Impositions”).

It is your sole responsibility to apprise yourself of any such Supplementary Imposition prior to making any purchase through the Site.

33. MISCELLANEOUS

• These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
• Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
• These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
• We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
• If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
• There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
• You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
• You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

34. CONTACT US

• In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at our Customer Service Department at [e-mail].