Terms and Conditions

Last modified: 11/19/2024

1.    INTRODUCTION

  • In these Terms and Conditions (hereinafter “ Terms ”), “ we ”, “ Mizar ”, “ us ” and “ our ” refer to Starpay FZCO, which operates an online platform that enables coaches, consultants, experts and specialists ( collectively “Service Providers”) to provide information and speak to users via our website or App (hereinafter the “ Company ”).
  • “ Customers ” refers to any person who has a registered account and uses the Website or App to seek advice, assistance, information or otherwise.
  • “ User ” refers to the Service Providers and/or Customers using the Website or App and the term “ Users ” refers to both collectively. The term “ you ” is used in these Terms to refer to Users.
  • By accessing the Company's website (mizar.live) or the App (Mizar App or Consulting App) (hereinafter “ Website ” or “App”), you agree to be bound by the Terms and guidelines as well as the terms of our Privacy Policy. Users are therefore invited to also consult our Privacy Policy before using this Website or the App and its Services.
  • Users should use the Website or the App to communicate with each other and exchange information relating to any problem or issue from which the Customer is suffering or any health matter on which the Customer wishes to obtain advice or information. (hereinafter " Services ").
  • Communication must be via written messages, audio or video calls through the Website or App. The minimum requirements for using these features are as follows:
    • We reserve the right to modify these Terms at any time without notice, and your continued use of the Website or App after the modifications constitutes your agreement to be bound by the Terms as modified. It is therefore each User's responsibility to regularly review these Terms while using the Website or App.
    • The contents of the Website and App, such as text, graphics, images, information obtained from the Company's licensors, and other materials displayed on the Website (hereinafter “ Content ”), are for informational purposes only. The Content is not intended as a substitute for professional advice, diagnosis or treatment. Users should not rely solely on advice provided by Service Providers, but seek the advice of qualified therapists or other qualified counselors with any questions regarding a health condition or problem. Users should never disregard professional medical advice or delay in seeking such advice based on information gleaned from Content or sessions with Service Providers.
    • In the event of a crisis or life-threatening situation, you are strongly urged to immediately seek help from local emergency services and not to use the Website or App for any type of medical advice or assistance. The Company and the Service Providers do not recommend or endorse any tests, diagnoses, products, procedures, opinions or other information that may be mentioned on the Website or App. Reliance on any information provided by the Company, Service Providers, others on the Website or App at the invitation of the Company, or by other visitors to the Website or App is at your sole risk.

2.       ACCEPTABLE USE

  • To use the Website or App, Customers must create an online account by providing a username, password or Social Login and other similar information.
  • We take security measures to protect Users' login information; however, it is your sole responsibility to keep this information secure and not to disclose it to any third party, either on the Website or elsewhere. We therefore accept no responsibility and will not be held liable for the misuse of your account in any way as a result of disclosing your account details to any third party.
  • In the event of any loss, theft or disclosure of your account login information, you must immediately change your username and password via the account settings feature on our Website, or notify us immediately.
  • Users acknowledge and agree that their account on the Website or APP is non-transferable and may not be sublicensed or used by any person other than the individual who created the account. In such case, the Company reserves the right to ban, disqualify or suspend a User's account.
  • Users agree not to use the Website or the App in any way or action that could:
  • Cause damage to or impair the performance of the Website, including its availability and accessibility to Users and the Company;
  • Be illegal, fraudulent or harmful to any person or business directly or indirectly;
  • Use the Website to copy, store, host, transmit, send, use, publish or distribute material that consists of (or is linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software.
    • Users agree not to carry out the following activities in connection with the use of the Services:
    • Post any information or materials on the Website, including online communication portals, that are obscene, defamatory, threatening or harmful, or any material or information prohibited by law.
    • Post material protected by copyright or other intellectual property rights, unless you have the legal right to use and post such material at the time of posting.
    • Infringement or use of the Company or Service Providers trademark, logo or trade name in any trade name, email, URL or other context without the express and written approval of the applicable intellectual property rights owner;
  • Attempt to bypass any protective technological measures associated with the Services;
  • Attempt to access or search the Website or any content therein using any engine, software, tool, agent, device or mechanism (including script, bot, spider, scraper, crawler, data mining tool or similar) other than computer software generally available through web browsers;
  • Post, upload, transmit, or otherwise distribute any “chain letters,” pyramid schemes, advertising, or spam;
  • Impersonate or misrepresent your affiliation with another person or entity;
  • Collect or steal information about others, including email addresses;
  • Interfere with or disrupt any Services or associated technical or computer systems;
  • Interfere or attempt to interfere with the access of any User, host or network, including, without limitation, submitting a virus, overloading, flooding, spamming or mail bombing the Website or App;
  • Do not respect the privacy of another User, including disclosing their password, telephone number, address or other personally identifiable information;
  • Use the Website or App, the Services or any content on the Website in a way not permitted by these Terms.
    • The Services on the Website and App will be made available to Users with a minimum age of eighteen (18) years. However, minors must submit a consent form from their guardians before using the Services available on the Website. If a Service Provider becomes aware that it is communicating with a Customer who does not meet the minimum age requirement or has not provided a consent form from his legal guardians, you must immediately report such User to us via our customer support email address: care@mizar.live. If the Service Provider does not notify us, both the Service Provider and the Customer will be considered to be in breach of our Terms.
    • We ensure that we do not store, record or document any information exchanged between Users and we use the most up-to-date security applications and systems to ensure that all data entered online, via the Website, is encrypted.
    • Users must ensure the accuracy and authenticity of all information they provide to us or other Users through the Website or App.
    • Users accept responsibility for the quality of any information provided in any form, whether text, audio, video or images. We assume no responsibility for misinterpretations of information due to unclear images, video or audio or ambiguously worded texts.
    • All interactions between Users must be conducted in a responsible, ethical, professional and legal manner.
    • We may (but are not obligated to) do the following without notice:
  • Register or pre-screen contributions in public areas within the Website or App;
  • Investigate use of the Services to ensure compliance with applicable laws, regulations, government requests or legal process;
  • Remove any User Content that we believe does not comply with these Terms of Use;
  • Terminate your access to the Website or APP if we believe that you have violated these Terms of Use;
  • Change the Website or App and any Content without notice.
  • In the event that a session is interrupted or disconnected, the cause of the disconnection will be investigated by the Company. Thereafter, the session will be rescheduled for the Service Provider's next available slot or the Client will receive a full refund of the price of the Service from the Company, if the cause of the problem is attributable to the Service Provider or the Company.
  1. COPYRIGHT
    • Subject to the express provisions of these Terms:
  • We own and control all copyright and other intellectual property rights in the Website or App and in the materials used in the Website or App;
  • All copyright and other intellectual property rights in the Website and materials used on the Website or App are reserved by us.
    • All materials published on this Website or App are protected by applicable copyright laws. We authorize you to view or download a single copy of the material on the Website solely for your personal, non-commercial use, provided that you include the copyright notice located at the end of the material, for example: “© Starpay FZCO. All rights reserved” and other copyright and proprietary rights notices contained in the Content. Any special rules for the use of certain software and other items accessible on the Website or App may be included and are incorporated into these Terms by reference.
    • Any use of the materials not expressly permitted by these Terms is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and features may be subject to change or termination without notice at the editorial discretion of the Company. All rights not expressly granted herein are reserved by the Company and its licensors.
    • If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies of the materials you have made.
    • Users are responsible for taking all reasonable steps to ensure that no unauthorized person obtains access to their passwords or accounts. You grant us, and all other persons or entities involved in the operation of the Website and the Company, the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Website or the App. We cannot and do not assume any responsibility or liability for any information you provide, or for any use or misuse of such information by you or others through the Website or App tools and Services.
  1. AUTHORIZATION AND ACCEPTANCE
    • When a User visits the Website, the App or sends us emails or messages (WhatsApp), he is communicating with us electronically, and agrees to receive communications from us in electronic format. We will communicate with Users via email, messages (WhatsApp) or by posting notices on this Website or App. Users agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in written form. Users undertake to provide and maintain an active and updated email address in their account profile on the Website. If Users do not wish to receive certain communications from the Website or App, they can choose to opt out by refusing the service offered or by informing us that they no longer wish to receive such communications. Further information on the opt-out function and instructions for its use are available on the Website or can be provided via email upon request. We will honor your opt-out request unless such communications are necessary for the administration and further use of your account, required by law, or necessary to protect our rights.
    • We may share Users' personal information with Company affiliates and partners and third parties authorized to access Users' personal information. We sometimes provide aggregate usage or tracking information collected from this website to third parties. We may also provide certain personal information about Users to third parties who provide services for us in the operation of the Website or our businesses, such as account services, web hosting, software development and information processing.
  1. PAYMENT TERMS
    • Payment for the use of the Services offered on our Website or App must be made in advance, before using the Services. Customers must purchase credit on the Website which will be used to pay for each session with a Service Provider. Customers will not be able to use the Services on our Website or App if they have an insufficient credit balance.
    • We accept payments via Credit Card and PayPal. Our prices are expressed in € Euros and include any applicable taxes. Since we currently use PayPal and Stripe as payment gateways, your card will be charged in € Euros. The exchange rate and any additional transaction fees are determined solely by your card issuer and these amounts may be deducted accordingly. If your card is in a different currency, the issuer will convert the € Euro amount into your card currency and may charge a fee.
    • If Customers make payments via credit/debit card services available on our Website or App, the details provided are transmitted directly to our payment provider via a secure connection.
    • We may grant refunds in our sole and absolute discretion. If Customers wish to request a refund, they should proceed by sending an email to care@mizar.live.
    • You agree to provide correct and up-to-date billing information and to keep your billing details up to date when using the Website or App.
    • We are committed to taking reasonable steps to keep your personal and transactional information private and confidential. However, any information you provide to us is at your own risk and we accept no responsibility for any misuse of such information by any third party.
    • We may also select certain websites as priority responses to search terms entered and allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend or endorse the content on third-party websites. We are not responsible for the contents of linked third-party websites, websites framed on our Website, third-party websites provided as search results, or third-party advertisements, and we make no representations regarding their accuracy or content. Use of third-party websites is at your own risk and subject to the terms and conditions of use of such sites. We do not endorse any products, services or treatments advertised on the Website or App.
  1. NO RELATIONSHIP
    • Service Provider agrees that all Services will be provided by it as an independent contractor and that this Agreement does not create an employment relationship between Company and Service Provider.
    • Service Provider shall not be entitled to receive any employment-related benefits provided by the Company to its employees.
    • This Agreement does not authorize the Service Provider to act on behalf of the Company as its agent, partner or otherwise or to make commitments on behalf of the Company.
  1. WARRANTY
    • We do not guarantee or represent:
    • The completeness or accuracy of the information published on the Website or App;
    • That the Website and the App, in whole or in part, will remain accessible and available for use.
    • We reserve the right to discontinue, modify, alter, change or otherwise discontinue all or any part of the Website or App and to cease publication at any time, in our sole discretion, without notice or explanation. As a result of any discontinuance, modification or suspension, Users will not be entitled to any form of compensation or other payment.
    • We exclude all other representations and warranties relating to the subject matter of these Terms, the Website and your permitted use of the Website, except as expressly stated herein.
  1. PRESCRIPTION POLICY

It is strictly prohibited for the Service Provider, through the Services it offers, to prescribe or suggest any type of medicine or anything else to the Customers. If the Service Provider breaches this clause, the Company reserves the right to immediately suspend your account and impose a fine, as it deems appropriate and reasonable.

  1. LIMITATION OF LIABILITY
    • Under no circumstances will the owners, directors, employees, agents or licensors be liable for any loss or damage of any kind, including, without limitation, loss of business, medical injury, personal injury, death, misdiagnosis, inaccurate information, improper treatment, incorrect advice/advice or any other loss arising out of their use, misuse or reliance on the Website or the contents, or their inability to use the Website, regardless of the cause and whether arising in contract, tort (including negligence), violation of legal obligations or otherwise.
    • Our Website, App and its Services should not be used for medical emergencies or urgent health matters.
    • Service Providers will use the Services to share content with Customers. Use of this content is not a substitute for healthcare that would be provided in a hospital, clinic or other medical facility. Customers are not encouraged to give up medical care obtainable in a medical facility in exchange for the Services and information provided by our Website.
    • No professional/licensed relationship is created between Customers and Service Providers through the Services provided on the Website; therefore, the information exchanged between Users is not confidential nor subject to any type of immunity.
    • We are not responsible for the quality, accuracy or legitimacy of any information provided to Customers through the Website or App, whether by Service Providers or others. You agree that accepting information provided by a Service Provider is your choice and we will not be liable for any loss or damage arising from your reliance on such information, conversations or content.
    • We do not guarantee the availability of any Service Provider at any particular time. Service Providers are solely responsible for canceled or unrealized online sessions or any other harm resulting from the use of the Website or Services.
    • Users accept that we have an interest in limiting the personal liability of our partners, officers, employees and representatives and, in consideration of such interest, agree not to assert any claims against the Company or any of our partners, officers, employees and/or or representative in relation to any loss suffered in connection with the Website, the App or these Terms.
  1. ACCESS RESTRICTION
    • We reserve the right to prohibit, disqualify or otherwise limit access to the Website and App to any User who, in our sole discretion, is found to be in violation of the Terms contained herein, or who is found to be in violation of any law or relevant regulations relating to appropriate online conduct and behavior.
    • If your account is suspended, the duration of the suspension will be determined in our sole discretion and will depend on the severity of your violation of the Terms or relevant law. You will be informed of the duration of the suspension via email communication.
    • If your account has been suspended, we expect you to respect that decision. You must not create a new account using another social login, username or email address on our Website, App or any affiliate site modified to geographically accommodate Users.
  1. TERMINATION AND MODIFICATION
    • You may choose to discontinue use of our Website, App or Services at any time by emailing us at care@mizar.live regarding your decision to discontinue use of our Website or App, following which we will delete or we will suspend your account within five (5) business days of the date of the message.
    • If you wish to terminate your account, any amounts owed to you by the Company will be paid within thirty (30) days of the date of termination.
    • Users agree that we may, under appropriate circumstances and without notice, temporarily or permanently discontinue the Services (or any part thereof) or delete your account and remove any User Content made available through the Services, with or without notice, for any reason (which is not intended to be exhaustive):
  1. Violations or breaches of these Terms or other agreements or incorporated guidelines;
  2. Requests from police authorities or other government bodies;
  3. Requests from Service Providers;
  4. Discontinuation or material modification of the Services (or any part thereof);
  5. Technical or security problems;
  6. Long inactivity; and/or
  7. Your involvement in fraudulent or illegal activities;
  8. Reports of unauthorized or unusual use of your payment method;
  9. Reports of unauthorized or unusual use of your bank account;
  10. Receiving potentially fraudulent funds;
  11. Excessive litigation or chargebacks;
  12. Opening multiple User accounts under different names to facilitate fraudulent activities.
  • Users agree that all terminations for cause will be decided in our sole discretion and that we will not be liable to them or any third party for terminating their account, prohibiting them from accessing the Services, or removing any content.
  • We reserve the right to modify or terminate the Terms at any time. We will promptly notify you of any material changes to the Terms by means of a notification sent to the email address you provided or posted on our Services. Users' continued use of the Services after such changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services immediately.
  1. DISCLAIMER
    • The Website, App, Services and Content are provided "as is", without any warranties of any kind, either express or implied. Without limiting the foregoing, we expressly disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising from course of dealing or usage of trade.
    • We do not warrant that the Website, Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We do not guarantee the accuracy, timeliness, completeness, or reliability of any content obtained through the Services. No information provided through the Services or by us whether oral or written will create any warranty not expressly stated herein. Reliance on content obtained or used through the Services is at your sole risk.
    • You are solely responsible for all communications and interactions with other users of the Website. You understand that we have no responsibility to verify any user of the Site or to monitor or assume responsibility for user content. We do not provide medical or professional advice and do not recommend or endorse any specific products, product users, therapies, tests, therapists, healthcare professionals, or opinions.
  1. INDEMNIFICATION

You agree to defend, indemnify and hold us and our respective officers, directors, employees, agents, licensors and suppliers harmless from any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising out of , or allegedly arising out of, your access to or use of the Website, App, Services and Content, or your breach of these Terms.

  1. NOTIFICATION AND REMOVAL PROCEDURES (COPYRIGHT INFRINGEMENT)
    • If you believe that any material on the Website or App infringes your copyright, you may request that it be removed (or accessed) by contacting us and providing the following information:
  • Identification of the copyrighted work that you claim has been infringed. Please describe the work and, if possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you claim is infringing and its location. Please describe the material and provide us with its URL or any other relevant information that will allow us to locate it.
  • Your name, address, telephone number and (if available) email address.
  • A statement that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information you provide is accurate, and that "under penalty of perjury" you are the copyright owner or authorized to act on the copyright owner's behalf.
  • A signature or electronic equivalent of the copyright owner or authorized representative.
    • We reserve the right to terminate the account of any user we determine to be a repeat infringer.
  1. SEVERABILITY (severance clause)

If any court or competent legal authority decides that any provision or paragraph of these Terms is invalid, illegal or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the extent maximum permitted by applicable law.

  1. WAIVER
    • If we fail to insist on strict performance of any of your obligations under these Terms, or if we fail to exercise any rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve users from fulfilling these obligations.
    • The waiver by us of a specific default will not constitute a waiver of any subsequent default.
  1. THIRD PARTY RIGHTS

This agreement is between you and us. No other party will have any right to enforce any of its Terms except as expressly stated in these Terms or authorized in writing by Company.

  1. COMMUNICATIONS

If users wish to contact us in writing, or if a provision of these Terms requires written notification, they can email us at care@mizar.live. We will confirm receipt of any email by responding to you in writing via email.

  1. FORCE MAJEURE

We will not be liable for any failure to perform or for delays in performing any of our obligations under these Terms caused by events beyond our reasonable control, including (without limitation) acts of God, internet failures, data/database/software or other malfunctions, fire, flood, adverse weather conditions, explosion, war, acts of terrorism, industrial disputes (whether or not involving Company employees) or acts of local or central governments or other competent authorities.

  1. APPLICABLE LAW AND JURISDICTION 
    • These Terms shall be governed by and construed in accordance with the laws of Dubai Silicon Oasis (DSO) - United Arab Emirates.
    • The Parties irrevocably agree that the courts of the DSO (UAE) will have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual claims or disputes).