General Terms and Conditions

Last updated: January 2025

1. Definitions:
   In these General Terms and Conditions, the following terms shall have the following meanings, unless stated otherwise:

2.Agreement Scope and Contents 

2.1 These General Terms and Conditions create an agreement between MKX and the Customer and/or the Customer and the third party providing the Product through the Website (“Agreement”). The applicability of any terms and conditions used by the Customer are expressly rejected. 

2.2 The Customer's use of the Products is subject to the acceptance of this Agreement. Products may be offered by MKX or a third party. By using a Product or checking the acceptance box at the check-out page, the Customer acknowledges and agrees to be bound by all the terms and conditions of this Agreement, including any applicable third-party End User License Agreement ("Standard EULA") and additional terms specific to the purchased Products. If the Customer purchases a Product provided by MKX, the Customer acquires the Product directly from MKX Network B.V. If the Customer purchases a third-party Product, MKX is not a party to the sales contract or user agreement between the Customer and the third party. MKX acts as the merchant of record for payment facilitation to the respective third party. The Customer acknowledges that MKX is a third-party beneficiary of the applicable Standard EULA for each third-party Product and may enforce such agreement. MKX is not responsible for the content, warranties, or claims related to third-party Products, which are solely the responsibility of the respective third party, subject to local law. 

2.3 MKX will grant the Customer access to the purchased Products on the Website, subject to the terms and conditions of this Agreement. The Website provides descriptions of the Products available. MKX may also offer special promotional plans, memberships, or services, including third-party products and services. However, MKX is not responsible for the products and services provided by such third parties. 

2.4 Some Products may be offered as a package ("Package"). The displayed price for a Package is the price charged upon purchasing it. The Package price may be adjusted based on any previously purchased or acquired Products, but it may include a minimum charge to complete the Package. 

2.5 Customers are permitted to use the Product solely for personal, non-commercial purposes, unless otherwise specified by MKX and/or the third party. 

2.6 Certain Products may not be suitable or available for use in specific locations. If the Customer chooses to use such Products, they are solely responsible for compliance with applicable laws. 

2.7 MKX reserves the right to modify, enhance, change, suspend, remove, disable, impose access restrictions or limits, or supplement any Product at its discretion. However, these modifications should not materially and adversely affect the Customer's rights or obligations under this Agreement. 

2.8 MKX reserves the right to modify this Agreement at any time and introduce new or additional terms or conditions regarding the Customer's use of the Products. Any such modifications and additional terms will be communicated to the Customer and, if accepted, will take immediate effect and become part of this Agreement. The Customer's continued use of the Products will be considered as acceptance of these changes. If the Customer refuses to accept the changes, MKX may terminate the Agreement. 

3. Account Management and Access 

3.1 To access any Product, the Customer must receive an invitation to create an account or register on the Website. MKX reserves the right to refuse or cancel any registration or activation request for any reason, and it is not obligated to provide any Product until the Customer's credit card has been charged for the applicable Fee. MKX's use of personal information provided during the registration process is subject to MKX's Privacy Policy. 

3.2 In order to utilize the Products, Customer’s will require compatible hardware, software (it is advisable to use the latest version, and in some cases, it may be mandatory), and access to the Internet. It's important to note that the performance of the Products may be influenced by these elements. 

3.3 The account allows the Customer to use the same login credentials for all participating third-party products, services, and applications ("Single Sign On Account"). Once the Customer is accessing third-party products, services, and applications, specific terms and privacy policies of the third-party will apply. 

3.4 The login details are strictly personal and should not be shared with third parties. Customers are responsible for their login details and any activity that occurs under their account if they fail to keep this information secure and confidential, even if done without their knowledge. Customers must immediately notify MKX of any unauthorized use of their account or password, or any other security breach. Customers may be held liable for losses incurred by MKX or other users or visitors to the Website due to unauthorized use of their account. MKX is not liable for any loss or damage resulting from the Customer's failure to comply with these obligations. the account creation request or cancelled the registration. 

3.4 If there is a breach of these General Terms and Conditions or MKX suspects misuse of login details or the Single Sign On Account, MKX has the right to terminate the Single Sign On Account and deny access to the Website or the Products. MKX also reserves the right to hold the Customer responsible for any consequences of such misuse. 

3.5 It is important to note that if MKX does not exercise its rights against the Customer or if there is a delay in doing so, it does not imply a waiver of MKX's rights or relieve the Customer of their obligations, whether in the current situation or in the future.  

3.6 MKX has the right to immediately terminate any Single Sign On Account if it stops providing the single sign-on service for any reason.  

4. Financial Transactions and Payments 

The Customer agrees to pay the specified Fees for the selected Product. By purchasing the Product, the Customer authorizes MKX to charge the provided payment method for the applicable Fees and taxes. The Customer consents to MKX storing and utilizing those payment methods for the purpose of processing and charging the Fees. Charges will be applied either as one-time payments or at recurring intervals, granting access to the Products for the specified Package Period(s), unless otherwise indicated. 

If payment cannot be processed due to expired or insufficient funds, and the Customer has not cancelled the Product, the Customer remains responsible for unpaid amounts. MKX will attempt to charge the payment method or request the Customer to update their information. MKX reserves the right to cancel the Products if payment cannot be successfully processed on the designated billing date. 

Upgrades or downgrades may be available for certain Products, subject to additional Fees or charges as described. 

Trial periods may be offered for certain Products at a reduced Fee. Cancelling the Product before the trial ends prevents activation of the full Fee. Reactivation of the trial is not possible after cancellation during the trial period. 

Failure to pay amounts due is considered a material breach. Without limiting any other remedies available to MKX, the Customer agrees to fully reimburse MKX for any costs and expenses incurred in collecting unpaid amounts. 

MKX may block or suspend access to the Products for unpaid or overdue Fees, partially or in full. MKX may resume access upon payment of overdue invoices. 

Deducting or setting off amounts owed by MKX is prohibited. 

The Customer must promptly report any payment detail inaccuracies.  

Special offers, promotional deals, and money-off vouchers ("Discounts") are only valid during their specified period of validity and subject to the conditions of each offer. Discounts cannot be converted into cash or refunded to the Customer. Discounts are applied to the purchase value of the Customer's order, excluding any applicable tax. Unless stated otherwise, multiple Discounts cannot be used together for a single purchase. 

Product prices may change at any time. 

5. Gift cards 

5.1 MKX offers Gift Cards for purchase and redemption through the Website only. A valid MKX account is required to buy Gift Cards. 

5.2 Gift Cards are available in electronic form only, provided through a Gift Card Code. 

5.3 After Gift Card payment processing, an email will be sent to the Customer, who can then choose how to share the Gift Card. Gift Cards are valid for 24 months from purchase, unless stated otherwise. 

5.4 Conversion to cash or reimbursement is not possible, except as expressly provided in Section 7 “Right of Withdrawal”. 

6. Consumer Protection Rights 

6.1 The Customer has the option to cancel a Product at any time by accessing the payments/billing pages or contacting the relevant payment processor. Upon cancellation, the Customer will retain access to the Product until the end of the current billing period. 

MKX and/or the third party providing the Product reserve the right to immediately cancel any individual Product without prior notice in the event of a breach of this Agreement or any other applicable terms. 

Customer’s' dissatisfaction with any Product or its components can be resolved by cancelling their account or the specific Product in accordance with this Agreement. 

Refunds are not available for Product cancellations, and MKX does not provide refunds or credits for any remaining or partial periods. 

7. No Right of Withdrawal  

In accordance with applicable laws in Dubai and the UAE, there is no statutory right of withdrawal for purchases made through our platform. All purchases of digital products or software licenses are final. No refunds or cancellations are permitted for travel bookings, reservations for hotels, cultural and other events where capacity is reserved for the Customer and in which MKX or the third party may subsequently find difficult to fill if the Customer would cancel. Refunds or cancellations are not permitted once the product has been accessed, downloaded, or used.  

While not legally required, we may offer refunds or exchanges for certain Products under promotional campaigns or goodwill initiatives. Any such offers will be explicitly stated and subject to specific conditions.  

Occasionally, MKX may suspend or cancel payment, or reject a refund request if evidence of fraud, misuse, unlawful activities, or any other form of deceptive behaviour is found, which entitles MKX to a corresponding counterclaim. 

8. Intellectual Property 

8.1 The Customer acknowledges and agrees that all Intellectual Property rights in the Products and the Website are owned or licensed by MKX and/or a third party. 

8.2 If the Product includes applications made available through the Website, the Customer's use of such applications is subject to the acceptance of the Standard End User License Agreement (“EULA”), or a custom end user license agreement provided by the third party. 

8.3 The Customer agrees to use the proprietary information and materials solely for personal, non-commercial use in compliance with this Agreement. Except for the rights expressly granted in this Agreement, no rights, title, or interest in MKX's or any third party's Intellectual Property Rights are granted to the Customer. 

8.4 The Customer agrees not to modify, rent, sell, share, or distribute the Product in any manner not expressly authorized in this Agreement. 

8.5 The Customer shall not copy, alter, reverse-engineer, or create derivative works of the Products or the Website, or allow any third party to do so. 

8.6 The trademarks, service marks, graphics, and logos of MKX, including the MKX name and logo, are owned by MKX throughout the world. The Customer is not granted any right or license with respect to these trademarks, unless otherwise provided in writing. 

9. License of Products 

9.1 Certain Products may include access to digital platforms, dashboards and applications (“App(s)”). App licenses are granted to the Customer either by MKX or by a third-party. If the Customer purchases a Product provided by a third party, MKX serves as an intermediary for such third party and is not a direct party to the sales contract or user agreement between the Customer and the third party. This means the Customer acquires the App license from MKX, but the actual App is licensed by the third party. Each App the Customer purchases is subject to the terms of the App End User License Agreement ("Standard EULA") as detailed in Section 10, unless a superseding custom license agreement (“Custom EULA”) is provided by MKX or the third party. It’s important to understand that the third party of any third-party App is exclusively responsible for its content, warranties, and any claims the Customer may have regarding the third-party App, in accordance with local laws. 

The Customer also acknowledges and agrees that MKX holds the status of being a third-party beneficiary of the Standard EULA or Custom EULA associated with each third-party App and, as such, has the right to enforce these agreements.  

10. Standard End User License Agreement 

10.1 Apps available through the Website are provided to the Customer under a license, they are not sold to the Customer. The Customer’s acceptance of either this App End User License Agreement (“Standard EULA”) or a customized end user license agreement (“Custom EULA”) with the third-party, if provided, is required before Customer can use each App. If applicable, Customer’s license for any MKX App is granted by MKX, and Customer’s license for any third-party App is granted by the owner of that third-party App. The Licensor, which can be either the third-party or MKX, as applicable, retains all rights to the App not expressly granted to Customer under this Standard EULA. 

A. Licensor grants Customer a non-exclusive, non-transferable and revocable license to use the App on any devices that Customer owns or controls in accordance with this Standard EULA. This Standard EULA covers any content, materials, or services accessible from or purchased within the App, as well as upgrades provided by Licensor that replace or supplement the original App unless such App or upgrades are accompanied by a Custom EULA.  

B. Customer cannot transfer, redistribute, or sublicense the App, except as expressly permitted in this Agreement. The Customer may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, its updates, or any part thereof, except to the extent that such restrictions are prohibited by applicable law or the licensing terms governing any open-sourced components included with the App. 

C. The Customer agrees that Licensor may collect and utilize technical data and related information, including but not limited to technical information about Customer’s device, system and application software, and peripherals. This information may be gathered periodically to facilitate the provision of software updates, product support, and other services (if any) related to the App. Licensor may use this information, as long as it remains in a form that does not personally identify Customer, for product improvement or the provision of services or technologies. 

D. This Standard EULA remains in effect until terminated by Customer or Licensor. Failure to comply with any of its terms will result in automatic termination of Customer’s rights under this Standard EULA. 

E. The App may provide access to Licensor's and/or third-party services and websites ("External Services"). The Customer agrees to use External Services at Customer’s own risk. Licensor is not responsible for evaluating the content or accuracy of any third-party External Services and shall not be held liable for them. Any data displayed by the App or External Services, including financial and location information, is provided for general informational purposes and is not guaranteed by Licensor. The Customer must not use External Services in a manner inconsistent with this Standard EULA or that infringes on the intellectual property rights of Licensor or any third party. It is strictly prohibited to use any External Services for purposes relating to harassment, abuse, stalking, threats, or defamation of any person or entity. Licensor is not responsible for such actions. External Services may not be available in all languages or regions, and their appropriateness for use may vary by location. When Customer choose to use External Services, Customer are solely responsible for complying with applicable laws. Licensor reserves the right to change, suspend, remove, disable, or restrict access to External Services at any time without notice or liability to Customer. 

F. The Customer acknowledges and agrees that their use of the App is at their own risk. To the maximum extent permitted by applicable law, the App and any services performed or provided by the App are provided "as is" and “as available.” Licensor disclaims all warranties and conditions, whether express, implied, or statutory, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement of third-party rights. No oral or written information or advice given by Licensor, or its authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a Customer, so the above exclusion and limitations may not apply.  

G. Licensor shall not be liable for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption, or any other commercial damages or losses arising out of or related to the Customer’s use of or inability to use the App, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. In no event shall Licensor’s total liability to the Customer for all damages exceed the amount of the total value of the fees paid by the Customer under the Licensor General Terms and Conditions up to the date the claim is made, and all damage or expense over and above such amount shall be the responsibility of the Customer. This limitation will apply even if the above stated remedy fails of its essential purpose. 

H. The Customer may not use or export the App except as authorized by local laws and regulations. By using the App, Customer represents and warrants that Customer is not located in a country subject to trade restrictions or sanctions, or on any list of individuals or entities prohibited from engaging in trade by local authorities. The Customer also agrees that Customer will not use the App for any purposes prohibited by local laws and regulations. 

I. This Standard EULA and the relationship between Customer and Licensor shall be governed and construed in accordance with, the laws of the United Arab Emirates, specifically the laws of the Emirate of Dubai, as applicable in the Dubai International Financial Centre (DIFC). Any disputes arising out of or in connection with this Standard EULA, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of the DIFC, which shall have exclusive jurisdiction. 

J. For Customers residing in countries outside the United Arab Emirates, the Licensor may, at its sole discretion, elect to resolve disputes through mediation or arbitration in accordance with the rules of a recognized alternative dispute resolution institution. The arbitral tribunal shall be composed of one arbitrator. The arbitration will take place in Dubai, United Arab Emirates, and the proceedings will be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing Party shall be entitled to any and all arbitration costs, including reasonable attorney’s fees, incurred in enforcing this Standard EULA, bringing a lawsuit for breach of this EULA or defending a lawsuit arising out of this Standard EULA. This agreement to arbitrate shall survive any termination or expiration of the Standard EULA. 

M. However, notwithstanding anything to the contrary, Licensor retains the right to initiate legal proceedings, including equitable, injunctive relief, and to enforce an arbitration award in any court of competent jurisdiction. 

N. The Parties agree to resolve any disputes on an individual basis and waive their rights to file or participate in class actions or seek relief on a class or representative basis. 

O. If Customers have any questions about this Standard EULA or need further assistance, please contact MKX support team. 

11. Disclaimer 

11.1 MKX, either directly or through third-party partners, offers access to a range of business opportunities that involve varying levels of risk, including but not limited to payment solutions, trading tools, educational resources, travel-related services, and real estate investment options such as fractional ownership. By engaging with these offerings, you acknowledge and agree to the following: 

No Guarantee of income 

MKX does not guarantee any income, profit, or financial success as a result of participating in its business opportunities or using its products and services. Earnings and success are determined by a variety of factors, including individual effort, skills, resources, and market conditions, and will vary significantly among participants. 

Any examples of income, success stories, or testimonials shared by MKX or its independent business owners are for illustrative purposes only and should not be interpreted as typical or guaranteed results. Participants are encouraged to conduct independent research and consult financial professionals before engaging in any business activity. 

Payment Solutions: 

Third-party payment solutions are subject to their own terms and conditions. MKX is not responsible for any delays, errors, security breaches, or failures in payment processing. The use of third-party payment solutions is at your own risk, and any disputes must be resolved directly with the provider. 

Trading Risks 

Trading involves substantial financial risks, including the potential for significant losses. Market conditions, leverage, and other factors may lead to partial or total loss of your investment. Trading decisions should be made with care, based on your financial situation, investment objectives, and risk tolerance. 

Real Estate Investments 

Real estate investment opportunities, including fractional ownership, carry inherent risks such as market fluctuations, illiquidity, and changes in regulatory frameworks. Returns are not guaranteed, and you may lose some or all of your investment. 

Educational Resources 

The educational materials provided by MKX are for informational purposes only and do not constitute financial, legal, or professional advice. Any decisions based on this information are your sole responsibility. 

Travel Services 

Travel-related products and services are provided in collaboration with third parties. MKX is not liable for any disruptions, delays, cancellations, or other issues arising from third-party travel providers. 

For a detailed explanation of all risks, limitations, and disclaimers related to our products and services, please refer to the Full Disclaimer, which is an integral part of this Agreement. The Full Disclaimer provides critical information on specific risks associated with trading, real estate investment, payment solutions, and other services. 

12. Representations and Warranties 

12.1 The Customer warrants that they have obtained your own independent professional and financial advice, separate from the use of the information and or tools produced by third parties provided by MKX, or have decided not to do so. You acknowledge that you are using such information or tools freely and voluntarily and will not rely on such information, products and or services as a substitute for specific financial or other advice. Past performance in the market is not indicative of future results. MKX does not guarantee any financial success merely upon access or purchase of the products and or services or related material(s). Any investment undertaken is done solely at your own risk, you assume full responsibility. 

MKX is not responsible for any decision the Customer may make regarding any information presented on the Website or any of the services and/or products presented on the Website. The Customer releases and discharges MKX, its officers, employees, agents, and assigns from any liability arising from any advice provided in the Products. 

12.2 If the Customer requires any permits or approvals from a government agency or third party for the intended use of the Products, it is the Customer’s responsibility to obtain such permits or authorizations. The Customer assures MKX that they possess all the necessary permits and permissions required for the intended use of the Products. 

12.3 When using or accessing the Products, the Customer must adhere to the end-user obligations specified in any applicable third-party terms and conditions or Custom EULA. By using the Products, the Customer signifies their agreement to be bound by these terms and commits to using the Products in accordance with the referenced end-user obligations. 

12.4 The Customer commits to safeguarding their account username and password and will not disclose their password to any third party. The Customer acknowledges full responsibility for any harm or liability arising from their actions or any third party accessing their account or any Products using their username and password. 

12.5 The Customer shall not copy, sell, redistribute, license, sublicense, or transfer their account or any materials provided in connection with the Products to any third party without the written consent of MKX. The Customer will adhere to all federal laws and regulations governing their actions under this Agreement, and the Customer affirms that they have the necessary authority to enter into this Agreement and fulfill their obligations. 

12.6 Without limiting its other remedies, MKX reserves the right to refuse or cancel the Customer's account or Products at any time due to any violation of the aforementioned commitments. MKX shall not be held liable for any loss or damage incurred by the Customer as a result of MKX exercising its rights under this Section. MKX's rights and entitlements under this agreement are in addition to any rights it may possess under applicable law or equity. 

13. Indemnity 

13.1 To the maximum extent permitted by law, the Consumer agrees to indemnify, hold harmless, and, at MKX's request, defend MKX and its officers, directors, members, shareholders, and representatives against any and all liability, damages, losses, costs, or expenses (including but not limited to reasonable attorneys' fees and expenses) incurred in connection with any claim arising from: 

(a) The Customer's violation of any term, condition, representation, warranty, or covenant in this Agreement. 

(b) Any unlawful, negligent, fraudulent, or indictable act or omission by the Customer or any of its officers, employees, or agents. 

(c) The Customer's use or misuse of any Products. 

(d) The information provided by the Customer to MKX or made available to any third party, including their registration data, except to the extent of any contributory negligence by MKX. 

This indemnity shall remain in effect even after the termination of the Customer's relationship with MKX. 

14. Liability 

14.1 This section outlines the complete extent of MKX’s liability and the Customer’s sole remedy concerning any claims covered under this Section. The limitations hereunder shall not apply to liability arising from gross negligence, fraud, or willful misconduct, as required by UAE Law. Nothing in this Section 14 shall limit the statutory rights of consumers as outlined under UAE Consumer Protection Law. 

14.2 Neither MKX, its affiliates, independent business owners (IBO’s) and agents, nor the third party providing the products make any representations or warranties regarding the suitability, reliability, availability, timeliness, security, accuracy, or completeness of the products, the Website or content, for any purpose. To the extent permitted by law, products, the Website and content are provided "as is" without warranty or condition of any kind. MKX disclaims all warranties and conditions, whether express, implied, or statutory, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

14.3 To the extent allowed by law, neither MKX, its affiliates, IBO’s and agents, nor the third party providing the products will be liable for any indirect, incidental, punitive, or consequential damages, or any loss of profits, revenue, data, or business opportunities arising from or related to this Agreement, whether an action is in contract or tort, and regardless of the theory of liability. This exclusion does not apply to liability arising from gross negligence, fraud, or willful misconduct, as required by UAE law. 

14.4 If, despite the other terms of this Agreement, either MKX, its affiliates, IBO’s and agents or the third party providing the products are found to have any liability to the Customer or any third party, the Customer agrees that the total liability of MKX, its affiliates, IBO’s and agents or the third party providing the products will be limited to an amount equal to the total amounts paid or payable for the subscription service in the six-month period preceding the event giving rise to a claim. The customer agrees to take all reasonable steps to mitigate any losses or damages arising from any event giving rise to a claim under this agreement 

14.5 MKX, its affiliates, IBO’s and agents disclaim all liability regarding third-party products that the Customer uses.  

14.6 The Customer understands and agrees that without the Customer’s acceptance of this limitation of liability, MKX would not provide the product to the Customer. The Customer acknowledges that they have read, understood, and agreed to the terms of this Agreement, including the limitations of liability and disclaimers of warranties, and that these terms comply with UAE Law. 

14.5 MKX may decline any claim which does not comply with these General Terms and Conditions, or which is not covered by these General Terms and Conditions, in which case MKX may give notice to the Customer that the claim is declined, and the Customer shall be responsible for MKX’s reasonable costs of receiving, processing, assessing, and declining the Customer’s claim. MKX may invoice the Customer any such costs incurred by it and the Customer shall promptly pay the invoice within seven (7) days of the date of the invoice. 

15. Unforeseen Circumstances 

15.1 MKX will not be liable for any loss, whether direct or consequential, and shall not be considered in default under these Terms and Conditions if it fails to fulfill its obligations related to the Products due to a Force Majeure Event, to the extent permitted by law. 

16. Customer Feedback and Disputes 

16.1 For any questions, complaints, or comments, the Customer can contact MKX by sending a message to [email protected]. 

16.2 MKX will make every effort to handle messages promptly and provide a substantive reply within 14 working days from the date of receipt. If a message requires more time to be handled, MKX will acknowledge the receipt and provide an estimated timeline for a detailed response. 

17. Data Protection 

17.1 MKX values and respects the privacy of its Customers. All personal data transmitted to MKX is treated and processed in accordance with the applicable legislation, including the General Data Protection Regulation (GDPR). MKX takes appropriate security measures to protect the Customer's personal data. For more detailed information about how MKX handles personal data, please refer to the Privacy Policy. 

18. Miscellaneous 

18.1 If the Customer is a natural person, the rights under this Agreement are in addition to and do not affect the statutory rights and remedies under applicable consumer protection law. In the event of a conflict between this Agreement and applicable consumer protection law, the statutory rights under applicable consumer protection law shall prevail. 

18.2 These General Terms and Conditions, unless amended in writing, constitute the entire agreement between the Customer and MKX regarding the Products. Any deviations from these General Terms and Conditions must be agreed upon in writing. The administration of MKX serves as proof of the Customer's purchase orders and requests, unless proven otherwise by the Customer. The Customer acknowledges that electronic communication can serve as evidence. No warranties, representations, guarantees, or other terms or conditions of any kind, not contained and recorded in these General Terms and Conditions, shall have any force or effect. 

18.3 MKX reserves the right to transfer or assign its rights and obligations under this Agreement to a third party without the Customer's consent. MKX may also license or subcontract all or part of its rights and obligations without the Customer's consent. The Customer shall not transfer or assign its rights and obligations under this Agreement. 

18.4 If any provisions of these General Terms and Conditions are cancelled, declared invalid, or unenforceable, the remaining provisions shall remain valid and enforceable. In such a case, the nullified provision shall be severed from these General Terms and Conditions, and a new provision shall be drafted by MKX to replace the nullified provision, taking into consideration the object and purpose of the annulled provision. 

18.5 The failure by MKX to enforce any provision of these General Terms and Conditions shall not be considered a waiver of that provision, nor shall it affect MKX's right to enforce that provision in the future. 

18.6 Any party signing, executing, or accepting these General Terms and Conditions on behalf of the Customer, as the Customer's director, officer, attorney, or representative, warrants and represents in their personal capacity that they are duly authorized and permitted to do so by the Customer and by law. 

19. Governing law 

This Agreement shall be governed by, and construed in accordance with, the laws of the United Arab Emirates, specifically the laws of the Emirate of Dubai, as applicable in the Dubai International Financial Centre (DIFC). Any disputes arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of the DIFC, which shall have exclusive jurisdiction. 

All disputes, claims, demands, counts, causes of action, or controversies arising in connection with the present Agreement, or further agreements resulting therefrom involving a Customer residing outside the United Arab Emirates, MKX may, at its sole discretion, elect to resolve disputes through mediation or arbitration in accordance with the rules of a recognized alternative dispute resolution institution. The arbitral tribunal shall be composed of one arbitrator. The arbitration will take place in Dubai, United Arab Emirates, and the proceedings will be conducted in English. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction. The prevailing Party shall be entitled to any and all arbitration costs, including reasonable attorney’s fees, incurred in enforcing this Agreement, bringing a lawsuit for breach of this Agreement or defending a lawsuit arising out of this Agreement. This agreement to arbitrate shall survive any termination or expiration of the Agreement. 

However, notwithstanding anything to the contrary, MKX retains the right to initiate legal proceedings, including equitable, injunctive relief, and to enforce an arbitration award in any court of competent jurisdiction. 

THE CUSTOMER AGREES TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND EXPRESSLY WAIVE THEIR RIGHTS TO FILE OR PARTICIPATE IN CLASS ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS. 

20. Language 

20.1 The Website and these General Terms and Conditions may be available in other languages ("other language versions") for convenience only. However, these versions are not specifically intended to target citizens of particular countries using those languages. In case of any inconsistency between the other language versions and the English version of the Website or these Terms, the English version will take precedence.