This Terms of Service Agreement ("Agreement") is a binding legal contract between Maqami LLC, a Delaware corporation ("Maqami," "we," "us," or "our"), and the entity agreeing to these terms ("Client," "you," or "your"). This Agreement governs your access to and use of Maqami's B2B accommodation platform, including our websites, APIs, and any associated services (collectively, the "Service").
By creating an account, accessing the Service, or using our API, you agree to be bound by this Agreement.
1. The Service
Maqami provides a B2B platform that allows clients to access and book global accommodation inventory sourced from third-party suppliers. The Service is offered through two primary models:
- Maqami Account: A web-based portal for direct booking and management, available free for verified travel agencies.
- API Integration: An application programming interface allowing the Client to integrate Maqami's inventory and booking functions into their own applications, available for qualified partners.
Access to the API Integration service may require a separate agreement and is subject to Maqami's approval based on business volume and technical requirements.
2. Financial Terms
2.1. Prepaid Wallet: The Service operates on a prepaid "Wallet" system. The Client must deposit funds into their Maqami account before transacting. All booking costs, fees, and charges will be deducted from this Wallet balance.
2.2. Topping Up: The Client is responsible for maintaining a sufficient balance in their Wallet. Balances can be topped up through payment methods accepted by Maqami, such as credit card or bank transfer.
2.3. No Credit: Maqami does not extend credit. Bookings will be rejected if the Wallet balance is insufficient to cover the full cost.
2.4. Withdrawals and Refunds: Unused funds in the Wallet may be eligible for withdrawal to the Client's bank account, subject to Maqami's withdrawal policy and potential processing fees. Funds used for a booking are subject to the cancellation policy of that specific booking and are not otherwise refundable.
2.5. Fees: The Maqami Account is provided free of charge to verified travel agencies. API Integration and other premium features may have associated fees outlined in a separate commercial agreement. The Client is responsible for all taxes, duties, and government charges related to their use of the Service.
3. Client Obligations
- Account Security: You are responsible for safeguarding your login credentials and for all activities that occur under your account.
- Accurate Information: You agree to provide and maintain true, accurate, and complete information for your account.
- Your End-Users: You are solely responsible for your own clients and end-users, including all customer service, support, and dispute resolution.
- Compliance: You agree to use the Service in compliance with all applicable laws, including data privacy and financial regulations in your jurisdiction.
- Markup and Pricing: You are solely responsible for setting and managing your own markups and final selling prices.
4. Third-Party Suppliers
The Service displays information, including pricing and availability, provided by third-party accommodation suppliers. Maqami is not responsible for the accuracy of this information and does not guarantee the availability or quality of the services provided by these suppliers. Our role is to facilitate the booking transaction.
5. Intellectual Property
Maqami and its licensors own all right, title, and interest in and to the Service, including all software, APIs, documentation, and underlying technology. We grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes in accordance with this Agreement.
6. Termination
Either party may terminate this Agreement at any time with written notice. Upon termination, your right to use the Service will cease immediately. Maqami may suspend or terminate your access to the Service without notice if you are in breach of this Agreement.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAQAMI DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAQAMI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MAQAMI IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of this Agreement shall be instituted exclusively in the federal or state courts located in the State of Delaware.
Maqami LLC
8 The Green #24763
Dover, DE 19901
10. General
This Agreement constitutes the entire agreement between you and Maqami. We may modify these terms at any time by posting the revised version on our website. Your continued use of the Service after a change constitutes your acceptance of the new terms.
Contact Us: For any questions about these Terms, please contact us at info@maqami.co.
