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Terms of Use

Last Updated: August 1st 2019

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in Malta may use the Miryadi.com Site and/or the Miryadi.com Services, including related memberships and content (described below).

Please read these Terms before using the Site or the Services. By using the Website or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Website (“Registered Users”).
These Terms include the Miryadi.com Privacy Policy and all other policies, rules and terms and conditions as set forth in relation to the Servicesfrom time to time, either in print or on our Site (collectively, the “Policies”), all of which are incorporated herein. If you object to anything in these Terms, the Privacy Policy or the other Policies, please refrain from using the Website or the Services.
These Terms, including the Privacy Policy and the other Policies, are subject to change by Miryadi.com at any time. We will notify you about significant changes in these Terms by sending a notice to the email address with which you registered your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Site and the Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.Miryadi.com for updates. Your continued use of the Site or the Services after such effective date will constitute acceptance by you of such changes.

For purposes of these Terms, the term “Affiliates” meansNash Ltd.’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees;“Caregivers”means persons or entities offering services of babysitting, elderly care or housekeeping through the Site; “Clients”means persons or entities who are trying to locate or have located a Caregiver through the Site; “Services” search tools and other tools to i) help Clients find individual Caregivers that meet their specific needs and preferences and to ii) help Clients and Caregivers to make informed decisions; “Site” shall mean the www.Miryadi.com website and any affiliated websites, web pages, mobile applications and mobile websites operated by Us or any other company within the same group ;“Users” means any person who uses the Site in any way whatsoever, including Caregivers and Clients; “We” or “Us” refers to NASH Ltd, Registration Number C 88632, 135 Villa Tristar – Triq Hal Luqa, Tarxien – TXN 9045 – MALTA –VAT: MT25663822 (Miryadi.com).If you have any questions or need further information as to the Site or Services provided by Miryadi.com, or need to notify Nash Ltd. as to any matters relating to the Site or Services please contact us at: admin@miryadi.com

1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
2. ELIGIBILITY TO USE THE SITE AND SERVICES REPRESENTATIONS AND WARRANTIES
3. RULES FOR USER CONDUCT AND USE OF SERVICES
4. VERIFICATION CHECKS
5. TERMINATION OF REGISTRATION
6. PRIVACY
7. LINKS TO EXTERNAL SITES
8. PAYMENT AND REFUND POLICY FOR CLIENTS
9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
10. AGE RESTRICTIONS
11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
12. JURISDICTION AND CHOICE OF LAW
13. MISCELLANEOUS

1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES

1.1. About Our Services.Miryadi.com’s mission is to provide an online venue for Clientsand Caregivers to connect with each other, arrange care, and share advice. We work to fulfil this mission by making available online communication tools, information, and an extended network of Clients and Caregiversto help our users find and coordinate quality care for children, older people, pets and home. The Services we offer include, among others:

search tools to help Clients find individual Caregivers that meet their specific needs and preferences;
tools and information to help Clients and Caregivers to make informed decisions.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of Our Services.Miryadi.com does not introduce or supply Caregivers to Clients, nor do we select or propose specific Caregivers to Clients or Clients to Caregivers. Through our Site, Caregivers may post profiles describing the services they provide as well as their experience, training, qualifications and related information. Due to the difficulty of verifying information over the Internet, we do not and cannot reasonably verify that Caregivers have the experience, training, qualifications and authorisations they claim to have in their profiles. Our business model also makes it unreasonable for us to perform reference checks on Caregivers or confirm that theyare suitable to work with the persons they apply to work for (e.g., children and older people). Any screening of a Client or Caregiver and his or her information by Nash Ltd.through verification checks, as further described in Section 4, or otherwise, is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or the entity’s suitability as an employer or service provider. Furthermore, we do not have control over the quality, timing, or legality of the services actually delivered by Caregivers, nor of the integrity, responsibility or actions of Clients or Caregivers. We do not make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Caregivers or the integrity, responsibility or actions of Clients or Caregivers whether in public, private or offline interactions. Content generated on the Site is primarily User generated, and we do not control, review or vet User Content (as defined below) in any way.

Nash Ltd. does not assume any responsibility for the accuracy or reliability of any information provided by Caregivers or Clients on or off this Site, nor for any defamatory statements which may be made on the Site by Clients, Caregivers or other Users. NASH LTD.IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICES. MOREOVER, NASH LTD. DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF INFORMATION PROVIDED ON OUR SITE OR ANY OTHER VENUE.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that
may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Nash Ltd. makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Please see Section 11 for additional information regarding the limitation of our liability.

1.3. User Responsibilities.As we do not verify the identity of or any information provided by Clients or Caregivers (e.g., the authenticity or completeness of Client jobs or the qualifications, the experience or suitability of Caregivers, etc.) registered users are solely responsible for selecting an appropriate Caregiver or Client or for themselves or their family. We recommend that Clients should ask Caregivers to bring to original copies of their documentation to verify their identity, experience, training and qualifications. Caregivers are solely responsible for interviewing and verifying the identity of Clients for whom they are considering working and the terms of engagement. Any screening of a Client or Caregiver and his or her information by Nash Ltd. through verification checks, as further described in section 4, or
otherwise, is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider. Each Client is also responsible for complying with all applicable employment, anti-discrimination and other laws in connection with any relationship they establish with a Caregiver. Clients should ensure that their insurance covers work in their home and should verify whether Caregivers have their own independent insurance cover.

2. Eligibility to use the Site and Services; Representations and Warranties.

To be eligible to use our Services, you must meet the following criteria: Our Services are available only to individuals who are eighteen (18) years of age or older and can form legally binding contracts under Maltese law. If you are not eighteen (18) years of age or older please refrain from using the Site or Services.

If you are registering to be a Client, you must be a citizen of or legal resident in Malta.
If you are registering to be a Caregiver, you must have permission legally work in Malta and you must have the experience, training, qualifications and authorisations required by law or otherwise for the positions for which you apply.
You must not be, or work for, a competitor of Nash Ltd. / Miryadi.com or use our Services for reasons that are in competition with Nash Ltd. / Miryadi.com.

By registering to use and/or using the Site or the Services in any manner whatsoever, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been on any barred list such as the sex offender registries, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, or other similar list.

3. RULES FOR USER CONDUCT AND USE OF SERVICES

3.1. Registration, Posting, and Content Restrictions.The following rules pertain to “User Content” defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site, or that other Users upload or transmit through the Website, including without limitation, any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Site, you agree, represent and warrant as follows:

You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
You are solely responsible for any User Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Miryadi.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Nash Ltd./Miryadi.com or to any other User of the Site, and all opinions stated as part of User Content must be genuinely heldand not malicious in any manner or form. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.

You understand and agree that Nash Ltd. may, in its sole discretion, review and delete any User Content, in each case in whole or in part, that in the sole opinion of Nash Ltd. violates these Terms or which Nash Ltd. determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site.
You have the right, and hereby grant to Nash Ltd., its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute User Content posted on the Siteand to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by Nash Ltd. will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the User Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
Nash Ltd. is not responsible for any claims relating to any inaccurate, defamatory, untimely or incomplete information provided by users of the Site.

You agree that Nash Ltd. has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Nash Ltd., are those of their respective authors. Such authors are solely responsible for such content.

3.2. Exclusive Use.Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3. Prohibited Uses.By using the Site or Services of Miryadi.com, you agree that you will not under any circumstances:

use the Site, Services, or other venue, or any information contained therein, in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the Services for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s Miryadi.com account without permission;
provide false or inaccurate information when registering an account on Miryadi.com, using our Services or communicating with other Registered Users;
post any job where there is a risk to the health and safety of any at the location where the work is to be performed;

except where allowed by applicable law, post jobs which require aCaregiver to provide information relating to his/her: (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) age;
attempt to re-register with Miryadi.com if we have terminated your account for any or no reason;
interfere or attempt to interfere with the proper functioning of Miryadi.com’s Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
use the communication systems provided by or contacts made on Miryadi.com for any commercial solicitation purposes;
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take any appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period, to a number which we deem appropriate in our sole discretion. Should we find that you violated the terms of this Section or any Terms, we reserve the right, in our sole discretion, to immediately terminate your use of the Site. Further, in order to protect the integrity of the Site, Miryadi.com reserves the right at any time in its sole discretion to block Users with certain IP addresses from accessing the Site.

4. VERIFICATION CHECKS

4.1 Acknowledgement to run verification checks.By using the Site, you hereby authorize Nash Ltd., to engage a third party to use your personal information in order to scan, on an ongoing basis, a variety of sources, which may include, but are not limited to, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data to assist us in verifying the information you provide on the Site,the representations and warranties you make in the Terms .You expressly acknowledge that Nash Ltd. has the right, but not the obligation, to use any information you provide to evaluate your suitability for Miryadi.com membership (“Verification Checks”). By using this Site, you understand and agree that we may review the information provided by the third party verification services and that we retain the right to terminate your Miryadi.com registration based on the information wereceive in our sole discretion. You are not eligible to register with Miryadi.com if any of your Verification Check results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that in our sole discretion disqualifies you from using our Site or Services. WE HAVE A LEGITIMATE INTEREST TO CARRY OUT THESE CHECKS.BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THATNASH LTD.MAY PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE MIRYADI.COM. NO CONSENT FROM YOU WILL BE REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

4.2. Release of Liability for Results of Verification Checks.Nash Ltd. has no obligation to perform Verification Checks on any Users. To the extent Nash Ltd. performs such checks on certain Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.You also do hereby represent, understand and expressly agree that any Verification Checks are performed by separate third party verification services, and that we do not have control over or assume any liability for, the information included in a Verification Check. Nash Ltd. thus expressly disclaims any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.

5. TERMINATION OF REGISTRATION

Should we determine in our sole discretion that you are not eligible to use the Services, have violated any terms stated herein or in any of our policies, are not suitable for participation as a User, or have mis-used or mis-appropriated Site content, including but not limited to, use of a “mirrored”, competitive, or third party site, Nash Ltd. reserves the right, to immediately terminate your access to all or part of the Miryadi.com Site, to remove your profile and/or any UserContent posted by or about you, from the Site, and/or to terminate your registration on Miryadi.com, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination. Following any termination of any individual’s use of the Site or the Services, we reserve the right to send a notice thereof to other Users with whom we believe you have corresponded.

6. PRIVACY

Nash Ltd. will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. LINKS TO EXTERNAL SITES

Links from the Site to external sites (including external sites that are framed by Miryadi.com) or inclusion of advertisements do not constitute an endorsement by Miryadi.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisementsor has any association with their operators. Users access them at their own risk. It is the responsibility of the User to evaluate the content and usefulness of the information obtained from other sites. We donot control such sitesand are not responsible for their content. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Miryadi.com’s Terms and Privacy Policy. We expressly disclaim any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Nash Ltd. harmless from any liability that may result from the use of links that may appear on the Site.

8. PAYMENT

In order to utilize the Site, you must pay for a subscription, or otherwise pay for the specific Service.

8.1 Billing and Payment for Clients Clients that sign up for a subscription (and the content available on the Site) agree to pay Miryadi.com all subscription charges associated with the plan they subscribe to as described on the Site at the time they subscribe and provide their payment information in relation thereto. Clients authorize Nash Ltd. to charge their
chosen payment provider according to the terms of the plan to which they subscribe. The subscription period and the amount and frequency of the charges will vary depending on the plan selected. To the extent you elect to purchase other chargeable offerings, you authorize Nash Ltd. to charge your chosen payment provider for the Services you purchase. You agree that if Miryadi.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.

8.2 Automatic Subscription, Renewal and Cancellation.Your subscription and the content available through that the Site will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed. You may cancel your subscription by emailing us at: admin@miryadi.com or adjusting your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up with us.

8.3 Billing and Payment for Caregivers.Certain Services and offerings made available to Caregivers may require the payment of a fee by such s as described in these Termson the Site. To the extent you elect to purchase other chargeable Services and offerings, you authorize Nash Ltd. to charge your chosen payment provider for the Services you purchase.

8.4 Free Trial Offers.Miryadi.com may offer limited-time free trial subscriptions to Clients from time-to-time. If a Client does not cancel their subscription prior to the end of the free trial period, the Client will be charged the price then in effect for a monthly subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. To avoid being charged, a Client with a free trial subscription must cancel their subscription prior to the end of the free trial period.

9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES

We do not introduce or supply Caregivers to Clients, nor do we select or propose specific Caregivers to Clients or Clients to Caregivers. Any agreement between a Client and a Caregiver regarding the provision of services is solely between the Client and the Caregiver; Miryadi.com is not a party to any such agreement. Any issues concerning the conduct of a Client or Caregiver, including, without limitation, the Services received by the Client, must be resolved directly by the Client and the Caregiver. Nash Ltd. will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site /our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Nash Ltd. harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to us immediately by notifying Nash Ltd. of the same via electronic correspondence on admin@miryadi.com.

10. AGE RESTRICTIONS

Miryadi.com is intended for people 18 or over. Clients and Caregivers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Miryadi.com will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18, your registration will be terminated immediately.

11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION

11.1. No Warranty.The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by Nash Ltd., are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NASH LTD. DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN NASH LTD.; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NASH LTD. EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, NASH LTD. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER.

11.2. Assumption of Risk.You assume all risk when using the Site and the Services, including but not limited to, all of the risks associated with any online or offline interactions with Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Users.

11.3. Limitation of Liability.In no event will Nash Ltd. be liable for any direct, indirect or consequential damages, losses or expenses arising out of or relating to the use of, or the inability to use, the Site or Servicesor any linked website, by you or any other person, even if Nash Ltd., or representatives thereof, are advised of the possibility of such damages, losses or expenses. This includes, without limitation:i) damages related to any information received from the Site or Services, ii) removal of any content from the Site, including profile information, iii) any email distributed to any User, iv) termination of your subscription, v)inability to access the Site or Services, vi) failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, vi) emotional distress, vii) anyone’s reliance on information or other content posted on the Site, or transmitted to or by any Users, viii) any other interactions with other Users of the site or services, whether online or offline, ix) reviews or comments made about you on the Site or other venue by other Users,x) any claims, losses or damages arising from the conduct of Users who have registered under false pretences or who attempt to defraud or harm you, xi) bodily harm, xii) failure of any Caregiver to perform to the standard expected by the Client, xiii) mistreatment of any Caregiver by the Client.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NASH LTD. DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE OR ANY OTHER VENUE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD MIRYADI.COM HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY OR ON BEHALF OF THEM ON THIS SITE OR IN ANY OTHER VENUE.

USERS HEREBY EXPRESSLY AGREE NOT TO HOLD NASH LTD., OR ITS AFFILIATES, LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY CLIENT OR CAREGIVER OR FOR ANY INFORMATION, INSTRUCTION, ADVICE WHICH ORIGINATED FROM THE SITE OR FOR ANY SERVICES THAT WERE ARRANGED THROUGH THE SITE, AND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH USER HEREBY IRREVOCABLY WAIVES ANY RIGHT THEY MAY HAVE TO BRING A CLAIM AGAINST NASH LTD. NASH LTD. AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN THEREFROM.

11.4. Indemnification By agreeing to the terms of this Terms of Use, users of the Site and Services agree to indemnify, defend and hold harmless Nash Ltdand its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Nash Ltdand/or its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Nash Ltdand its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Miryadi.com. Users further agree to hold Nash Ltd., and its Affiliates harmless from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

12. JURISDICTION AND CHOICE OF LAW

If there is any dispute arising out of the Site and/or the Services, by using the Site or the Services, you expressly agree that any such dispute shall be governed by the laws of Malta, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Malta, for the resolution of any such dispute.

13. MISCELLANEOUS

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

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