These App Terms are a legally binding agreement between you (hereinafter referred to as the User) and the legal owner of Majes (the App), PayPad LLC (hereinafter referred to as Majes, we, our or us). The App is a premium travel and party app, aimed to facilitate the set- up of events by organizers (the Organizer), creation of travel reservations and/or itineraries, and additional services. You, the User of the App, confirm your acceptance of these App terms of use (the App Terms). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be ready alongside our privacy policy.
1. General Applicability and Amendment?
- 1.These App Terms apply to all services offered by Majes on the App (the Services), except where expressly indicated to the contrary.
- 2.These App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (the Platform Terms). If there is any conflict between these App Terms and the Platform Terms, then these App Terms will prevail.
- 3.You may not use the Services nor accept these App Terms if you are not of legal age or have the required mental capacity to form a binding contract with Majes.
- 4.The use of the Services requires the unconditional acceptance by the User of the applicability of these App Terms. It is the responsibility of the User to read and understand the App Terms prior to placing an order. If you do not agree to these App Terms, do not use the App or any other of our Services.
- 5.All terms and conditions maintained by the User that are contrary to these App Terms are hereby rejected and therefore do not apply to the use of the App.
- 6.In the event that one or more of the provisions in these App Terms are found to be wholly or partially invalid, the remaining provisions will remain in force. Majes will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
- 7.Majes may unilaterally and without notice change these App Terms. The amended App Terms are immediately applicable to any use of the App.
- 8.Except as supplemented by additional terms and conditions, policies, guidelines or standards, these App Terms contain the entire legal understanding between Majes and you and supersedes any and all prior or written understandings or agreements in relation to you access to and use of the Services.
- 9.Any personal data submitted by you to Majes will be governed by the Privacy Policy.
2.Performance of the Services
- 1.Majes shall complete the Services with reasonable skill, care and diligence.
- 2.Majes shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.
- 3.If the Services as agreed need to be amended by Majes due to a change of circumstances, whereby that change cannot be attributed to Majes, it may make any such amendments to the Services as it deems necessary. Any costs arising from or related to this change of circumstances will be fully borne by the User.
- 4.Majes shall have the right to, at its sole discretion, refuse to provide the Services, or part thereof, to anyone, for any reason and at any time.
- 5.Majes acts solely as an intermediary between Organizers and Participants and offers related Services to facilitate the relationship. Majes does not (re)sell, rent out, or offer any (travel) product or service.
- 6.Majes is not the creator, organizer or owner of any events listed on the App.
3.User Obligations
- 1.The User can use the App either as an Organizer or as someone who wishes to participate in one of the events listed or made available through the App (the Participant).
- 2.The User will ensure that all details and information, of which Majes has stated it is required for the performance of the Services, or of which the User should reasonably understand it to be necessary for such performance, will be provided to Majes in a timely, complete and correct manner.
- 3.The User shall duly inform Majes of any fact and circumstances that may be relevant in connection with the execution of the Services.
- 4.The User shall guarantee the correctness, completeness, and reliability of relevant information provided to Majes.
- 5.By using the Services on our App, Participants directly enter into legal agreements with Organizers upon applying to an event and receiving confirmation from the Organizer.
4.Organizer Obligations
1. If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these App Terms, you represent and warrant to us that:
- (i) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licences, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
- (ii) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
- (iii) You and your affiliates will maintain in force throughout the term of access to the Services the applicable Licensure for organiser to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services;
2. Without limiting your indemnification obligations elsewhere under these App Terms, you agree to defend, indemnify and hold Majes harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim due to or arising out of your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
5.Use of the App
1.The User hereby warrants and represents to be at least 18 years of age.
2.In order to access and use the Services, the User will need to register and create an account on the App (the User Account). The User must provide accurate, current, and complete information in order to set up the User Account. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, Majes has the right to suspend or terminate the account.
3.User must maintain the confidentiality of the passwords and account information and agrees to notify Majes if the User suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.
5.The User shall guarantee the correctness, completeness, and reliability of relevant information provided to Majes.
6.The Services and/or the App may contain links to other websites and services which are developed, sponsored and/or maintained by third parties. Majes does not review, monitor, operate, or control any such third-party website/services accessible through these links and is not responsible for the content available through third party services/websites. User hereby agrees and acknowledges that any such use shall be at User’s own risk.
7.Majes retains the right to, at its sole discretion, block any User from using the App or part thereof, for any reason, but including when the User breaches these App Terms.
8.User hereby agrees not to use the App in any way that:
- (i) is unlawful, illegal or unauthorized;
- (ii) is defamatory of any other person;
- (iii) is obscene or offensive;
- (iv) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- (v) infringes any copyright, database right, or trade mark of any other person;
- (vi) is likely to harass, upset, embarrass, alarm, or annoy any other person;
- (vii) is likely to disrupt our Services in any way; or
- (viii) advocates, promotes, or assists any unlawful act.
9.The Majes name and logo, and other Majes trademarks, copyrights, graphics and/ or service marks, as well as other intellectual properties, used in connection with the App are the intellectual property of Majes. They may not be copied, imitated or used, in whole or in part, without the prior written permission of Majes.
10.The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the App are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Majes or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
11.Majes hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use only on an Apple or Android device as permitted by Platform Terms and in accordance with these App Terms. All other rights in the App are reserved by Majes.
12.User acknowledges that you may be charged by your own mobile provider while using certain features of the App when not connected to a free internet source. If you are not the bill payer for the mobile device that you are using the App on, we assume that you have received permission from the bill payer to use the App.
6.Fees and Expenses
1.Within this section, “Premium Service” shall mean any service made available through the App on a paid subscription basis. If you subscribe to any Premium Service, you agree to pay any and all applicable fees (including recurring fees) incurred in connection with your User Account at the rates in effect when the charges were incurred.
2.Majes may automatically charge your credit card at the beginning of the billing period, and billing will recur automatically at the interval of your choosing at sign up until you terminate your User Account or the Premium Services. If you decide to terminate the Premium Services, this termination will be effective immediately, and you will not receive a refund for any amounts already paid.
3.User agrees to pay any applicable taxes and reimburse us for any collection costs and interest for overdue amounts.
4.Due to the nature of our Services, you will also be subject to third-party charged incurred when you use the Services, including without limitation charges incurred relating to travel planning and arrangements, such as reservations, tickets, and visas.
5.Any prices displayed are in American Dollars ($), inlcuding the statutory VAT and other applicable taxes, except if explicitly stated otherwise. Typing errors and price changes are reserved.
6.Charges paid by the User are final and non-refundable, unless otherwise determined by Majes.
7.Force Majeure
1.In the event of force majeure, there is no shortcoming attributable to Majes. Force majeure in these App Terms is understood to mean any circumstance independent of the will of Majes - even if it was foreseeable at the time these App Terms were accepted by User - which permanently or temporarily prevents fulfilment of the obligations under these App Terms, and - to the extent not already therein included – war; danger of war; civil war; natural occurrences such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods; riot; strike; transport difficulties; computer malfunctions; power outages; a pandemic, epidemic or any other threat to public health; staff illness; and all external causes, foreseen or not foreseen, on which Majes does not have any influence. To the maximum extent permitted by applicable law, Majes shall not be liable for any compensation for any loss arising from force majeure.
8. Limitation of Liability
1.To the maximum extent permitted by law, Majes makes no representations or warranties, express or implied, about the accuracy, correctness, quality or completeness of any information provided on the App. Similarly, Majes makes no warranties with respect to merchantability or fitness for a particular purpose.
2.Majes is not liable for possible damage caused under these App Terms or your use of the App, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Majes, or if the damage caused was foreseeable.
3.Majes is solely responsible to maintain the App and to offer its Services on the App. The event itself shall be the responsibility of the Organizer, and Majes shall carry no responsibility or liability relating to this event. Similarly, the Participant is solely responsible for their own behavior leading up to and during the event. Any illegal or inappropriate behavior by a Participant is not Majes’ responsibility.
4.To the maximum extent permitted by law, Majes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use of or inability to use our App or (b) any conduct of any party other than Majes itself.
5.The User indemnifies Majes against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If Majes is held liable by a third party in relation to these App, the User is obliged to pay Majes all costs related to thereto, and the User is obliged to take responsibility for the liability directly (inter alia) by notifying the third party that Majes is not liable, but that the User is.
6.The User is liable for all direct damage that Majes may suffer as a result of a failure attributable to the User in the fulfilment of the obligations arising from the App Terms.
9. Applicable Law
1.Only the laws and regulations of Ukraine apply to the legal relationship between User and Majes.
2.The Courts of Ukraine are authorized (in the first instance) to take cognizance of any dispute between User and Majes, unless otherwise required by law.
10. Purchases
Generally. From time to time, Majes may offer products and services for purchase ("in app purchases") through iTunes, Google Play, carrier billing, Majes direct billing or other payment platforms authorized by Majes. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Majes or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
Auto-Renewal; Automatic Card Payment :
Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to Customer support if you were billed directly by Majes or the relevant third party account such as iTunes. You are also be able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.
You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on your phone or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on your phone) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Majes application from your device. Deleting your account on Majes or deleting the Majes application from your device does not terminate or cancel your subscription; Majes will retain all funds charged to your Payment Method until you terminate or cancel your subscription on your phone or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Virtual Items.From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Majes ceases providing the Service or your account is otherwise closed or terminated. Majes, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Majes may manage, regulate, control, modify or eliminate Virtual Items at any time. Majes shall have no liability to you or any third party in the event that Majes exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT MAJES IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.
Except as noted above for members resident in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE. To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not Majes. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem".
You can also submit a request at https://getsupport.apple.com.
If you made a purchase using your Google Play Store account: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) This notice shall be sent to: Majes, Attn: Cancellations, Laboratorna Street 33, 03150, Kyiv / Ukraine
If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.
You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.
Pricing. Majes operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features.
11. Contact
1. Questions about the App Terms or your rights can be sent to legal@majes.app.