IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER CLAUSE BELOW. PLEASE READ CAREFULLY.
Thank you for your interest in DEEN (hereafter also referred to with “us”, “our”, or “we”). DEEN is a not for profit, ad-free, all-purpose, application and service provided by Rayn Holdings Pvt. Limited or one of its affiliates
The following Terms of Use govern your use of, and participation in, the services provided by DEEN. For purposes of these Terms, “you” and “your” means you as the user of Deen. By accessing or using the services provided by DEEN, you agree to adhere to these Terms of Use. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
If you do not agree to the following, we regret to inform you that you may not access or use the services provided by DEEN.
DEEN’s parent company, Rayn Holdings Pvt. Limited, is registered in Singapore and as such we diligently adhere to the regulations imposed by the Personal Data Protection Act (PDPA) and regulated by the Personal Data Protection Commission (PDPC) in Singapore with regards to data protection and privacy of our users.
All of the above regarding Data Collection and Privacy is valid as of the current version of the application that you are about to use. Future updates may change how we use and store data. In that event, you will be prompted with revised Terms of Use to consent to in order to continue to access or use the services provided by DEEN.
If you require any further clarification on our data collection and privacy policies, please do not hesitate to reach out to us on our email: deen@rayn.groupOur Service is provided "as is", and we cannot guarantee that it will be safe and secure or will work perfectly at all times. To the Extent permitted by Law, WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT (i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.
Except for any liability for personal injury or death caused by our negligence, DEEN shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the application, or any function of the application, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
While we use reasonable efforts to ensure that the application is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the application assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the App or your downloading of any materials, data, text, images, video or audio from the App. Except where required by applicable law, DEEN shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the application.
When the application is used on a mobile device, in order to operate, it will make use of your mobile data connection. You are advised to check charges and terms with your communications service provider if using the application in circumstances where roaming or data charges may apply. We do not receive any commission or other payment or rewards from communications with service providers in respect of the use of the application on devices connected to their network. We are not liable for any data or other charges incurred as a result of your use of the application.
a) Application:You agree that these Terms of Use are governed by the SIAC Rules 2016 (Singapore International Arbitration Centre) . This Clause 14 is intended to be interpreted broadly and governs any and all disputes between yourself and DEEN, including claims that may arise after the termination of these Terms of Use. Any disputes concerning certain intellectual property may be excluded from arbitration as detailed further in Clause 14 (g) below.
You agree that in the event of any dispute between you and Deen, you will first contact Deen and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
You may contact us on our email: deen@rayn.group, before taking any action involving a third party. When contacting us, you agree to provide a brief, written description of the dispute and the relevant contact information. Except for intellectual property claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through communication and consultation with DEEN.
c) Binding Arbitration:
After the informal dispute resolution process and where the parties do not reach an agreed upon solution within a period of sixty (60) days from the time the
dispute resolution was put forward as under Clause 14 (b), any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of
DEEN’s services and/or products, including the Services, or relating in any way to the communications between you and Deen or any other user of the Services, will
be finally resolved by a binding arbitration. This mandatory arbitration agreement applies equally to you and DEEN. However, this arbitration agreement does not
(i) govern any Claim by DEEN for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms of Use or
(ii) bar you from making use of applicable small claims court procedures in appropriate cases.
d) Arbitrator’s Decision: The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use. The arbitrator's award shall be written and shall be binding on the parties.
e) Filing a Demand: To initiate an arbitration, the following process will be followed:
f) Class Action Waiver The parties further agree that the arbitration shall be conducted in their respective individual capacities only and not as a representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
g) Exception: Litigation of Intellectual Property Either party may bring forward claims arising from or relating to theft, piracy or unauthorised use of intellectual property to protect its intellectual property rights without having to invoke arbitration. In such cases, due process will be followed according to the governing law
h) Validity: This Arbitration and Class Action Waiver Clause shall be valid even after any termination of your use of, or access to, the services provided by DEEN.