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This Agreement was last modified on 1st October 2019.
ABOUT OUR SITE
The owner and operator of the Site is Base53 FZE LLC, a limited liability company registered in the United Arab Emirates under license number 1813, with its office located at Flamingo Villas, Ajman Media City.
The Site is an e-commerce platform that allows enterprise users to offer and sell products, and individuals and enterprise entities to buy products.
We reserve the right to introduce new services and update or withdraw any of the services, in our sole discretion, and we will not be liable to you for exercising this discretion.
ELIGIBILITY AND REGISTRATION
You are eligible to use and register as buyer or seller and benefit from the services under the following terms and conditions.
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) confirming that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute or an order. We retain the right to refuse any order request made by you.
We may require additional verification or information before accepting any order. We reserve the right at any time after receipt of your order to accept, modify or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being processed or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
By registering as Seller, you are (i) offering to sell your product, (ii) representing that you are of legal age to form a binding contract and/ or authorized representative of trading company, and (iii) confirming that all information you provided to us in connection with selling activity is true and accurate.
We may require additional verification or information before accepting your registration. We reserve the right at any time to decline your registration, suspend or terminate your seller account or any portion thereof, even after approval of your account, for any reason whatsoever. We reserve the right to limit the number of product listing and to refuse or remove product listing without prior notification.
When using or accessing the Services, you agree that you:
- are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
- immediately notify us of any unauthorized use of your password or account or any other breach of security;
- will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
- will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
- will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
When using or accessing the Services, you agree that you will not:
- post, list or upload inappropriate or prohibited product on our Site, including content or items that:
- may be considered culturally or religiously offensive in any way;
- may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;
- may threaten national security;
- may constitute or be considered to promote gambling; securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
- are living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;
- weapons of any description;
- liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;
- to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
- non-transferable vouchers; and
- you do not have a right to link to or include;
- counterfeit or stolen items;
- breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;
- use our Services if you no longer fulfill the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
- fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;
- use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
- manipulate the price of any item;
- interfere with any other user’s listings;
- take any action that may undermine the Site’s feedback and ratings systems;
- post false, inaccurate, misleading, deceptive, defamatory or similar content;
- transfer your account to another party without our prior written consent;
- distribute or post spam, unsolicited or bulk electronic communications or similar;
- distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
ACCURACY OF INFORMATION ON THE SITE
We do our best to ensure that information on the Site is complete, accurate, and current. Despite our efforts, however, information on the Site may occasionally be incomplete, inaccurate, and out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors. However, the actual color you see will depend on your computer system or electronic device, and we cannot guarantee that your system will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
INTELLECTUAL PROPERTY RIGHTS
- all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the site and the Services, including, without limitation, all Intellectual Property Rights therein; and
- all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the services, including all Intellectual Property Rights therein, will become our property.
You agree that you have no right to use any of our trademarks without our prior written consent.
WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
You warrant, represent and undertake that:
- you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
- any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).
Subject to clause 1, the Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind.
We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.
LIABILITY & INDEMNITIES
- for fraud, including fraudulent misrepresentation, perpetrated by that part
- for death or personal injury caused by the negligence of that party; or
- for any other liability that cannot be limited or excluded under applicable law.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
- the content or other information you provide when using the Services;
- your use of or your inability to use our Services;
- pricing, shipping, format or other guidance provided by us;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- bugs, errors or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of products sold on the Site or our Services;
- the content, actions or inactions of third parties using our Services;
- a suspension or other action taken by us with respect to your use of the Services;
- the duration or manner in which your listings appear in search results; or
- the price the item sold for on our Site and its original shipping costs; and
- the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or AED 300.
You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
- any claims or demands made by any third party due to or arising out of your use of the Services;
- your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or
- the manner in which you use our Services, including, without limitation, that the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).
SUSPENSION, TERMINATION & CANCELLATION
Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order and/or remove hosted content submitted by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.
- Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labor disruptions, blackouts, embargoes).
All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.
You have our promise that the information gathered through our website will be held in strict confidence. We pledge to use this information to make your website visit more rewarding, to conduct business with you, or to communicate directly with you and offer you the best service.
What kind of information is gathered?
The information we gather on our website falls into two categories: (1) information you supply when you register, (2) information you provide on the page “contact us”. We do not store your credit/debit card information at any stage.
Our website does not use web cookies to track you as you move from page to page through the website.
We are committed to serving the needs of our customers. We pledge that the website will not release your information to any list service, and that such information will be held in the strictest of confidence – even within our company. If you do not wish to receive anything in the mail or by e-mail from our offers, please indicate by checking the appropriate box on our forms or writing a note in your email.
If you have any questions about this Agreement, you may contact us through email [email protected] or call our customer care at 971-56-3969366.