THESE TERMS & CONDITIONS WERE LAST UPDATED ON 26 AUGUST 2018
||AGREEMENT FOR AVAILING SERVICES
||THIRD PARTY AGENT SERVICES
||USE OF SERVICE
||CLAIMS OF INFRINGEMENTS
||INTELLECTUAL PROPERTY RIGHTS
||LIMITATION OF LIABILITY
||ZERO TOLERANCE POLICY ON SPAMMING
||INTERACTING ON THE PLATFORM
||FEES AND SERVICES
||LIMITATION AND TERMINATION OF SERVICES
||CAPACITY TO CONTRACT
||REVIEWS AND FEEDBACKS
||REPRESENTATION OF WARRANTIES
||LIQUIDATED DAMAGES AND INJUNCTION
- Furniture and Décor Exchange FZE is a company that is registered with the Ras Al Khaimah Free Trade Zone, United Arab Emirates under the Incorporation Certificate number 5013925. Furniture and Décor Exchange FZE (hereinafter "FDX'') provide online resources including classified advertisements (collectively, the "Service") on the website fdxonline.com(the "Platform").
- For the purpose of the Terms and wherever the context so requires, the terms "you'' and "your'' shall mean any person who uses the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any advertisements or content on the Platform. FDX strives to consistently remain compliant with the laws of the United Arab Emirates. When you access or use the Platform and/or its Service, you agree to comply with these Terms. You also agree to comply with any additional posted guidelines for such Service. Such guidelines are dynamic and will be revised at the discretion of FDX. You shall re-visit the "Terms & Conditions'' link from time to time to stay abreast of any changes that the Platform may introduce.
- FDX does not warrant that Product description or other content of the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
II. AGREEMENT FOR AVAILING SERVICES
- The Terms and Conditions is a legal contract between you being, an individual person, a legal person, user, or beneficiary of this service, and Furniture and Décor Exchange FZE ("FDX'') having its registered office at P.O. Box 37293, Ras Al Khaimah, United Arab Emirates.
- FDX acts as an "Intermediary'' solely to assist buyers and sellers of room furniture, furnishing and decoration, and such related room accessories, who comply with these Terms, to engage with each other, to offer, sell and buy products and services listed on the Platform.
- The Seller gives right to FDX to use his item(s) photo images, which he/she uploads on FDX website, for FDX's commercial use in future marketing, online marketing and PR purposes.
- You understand that FDX does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside FDX's domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FDX be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that FDX cannot and does not pre-screen or approve any Content, but that FDX has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to FDX's knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to FDX. If you link to Third Party Websites, you may be subject to those Third-Party Websites' terms and conditions and other policies. FDX makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other websites is completely at your own risk and FDX disclaims all liability thereto.
- You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses if you are using the Service and the Platform to buy and sell for trading purposes, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize FDX to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to FDX an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and FDX's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by FDX in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to FDX all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, FDX may offer the facility of automatically capturing of the "Description" of your ad based on the images uploaded by you. FDX makes no warranty the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform; and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or FDX remove or delete such Content from the Platform. Further, you grant FDX the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
- FDX does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and FDX expressly disclaims any and all liability in connection with user Content. FDX does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and FDX may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. FDX reserves the right to remove any Content without prior notice. FDX may also terminate a user's access to the Platform, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, FDX reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Platform, or otherwise make available Content:
- that violates any law or regulation;
- that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant FDX all of the license rights granted herein;
- that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
- that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
- that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
- that threatens public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- that includes personal or identifying information about another person without that person's explicit consent;
- that impersonates any person or entity, including, but not limited to, an FDX employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
- that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to FDX users who have requested not to be contacted about other services, products or commercial interests;
- that includes links to commercial services or Third Party Websites, except as specifically allowed by FDX;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
- Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
- make any libelous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
- post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
- post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
- attempt to gain unauthorized access to computer systems owned or controlled by FDX or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
- use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of FDX's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
- use any automated device or software that enables the submission of automatic postings on FDX without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
IV. THIRD PARTY AGENT SERVICE
As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. FDX prohibits the use of Posting Agents, directly or indirectly, without the express written permission of FDX. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from FDX.
V. USE OF SERVICE
FDX grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by FDX or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by FDX, your use will be considered to be in violation of these Terms, unless FDX expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray FDX, its employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from FDX.
VI. CLAIMS OF INFRINGEMENTS
FDX is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to FDX together with a request to FDX to delete the relevant Content in good faith.
VII. INTELLECTUAL PROPERTY RIGHTS
The materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FDX, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. In connection with the Service, the Platform may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to FDX. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FDX reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
VIII. CONTENT SUBMISSIONS
You understand that when using the Platform, you will be exposed to Content from a variety of sources, and that FDX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FDX with respect thereto.
You agree to defend, indemnify and hold harmless FDX, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Platform.
X. LIMITATION OF LIABILITY
To the extent permitted by law, FDX, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this Agreement (however arising, including negligence or otherwise and whether or not FDX has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Platform or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to FDX and FDX shall treat any such unauthorized use as subject to the terms and conditions of this Agreement.
XI. ZERO TOLERANCE POLICY ON SPAMMING
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to FDX email addresses or through FDX computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time FDX may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the FDX e mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of FDX computer systems is a violation of these Terms and certain applicable laws, particularly UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. The UAE Cybercrime law penalizes spamming and we may report this behavior to the relevant authorities, in the event where you exploit our database to your benefit by soliciting our users with information such email address and phone numbers obtained from our Platform.
XII. INTERACTING ON THE PLATFORM
You acknowledge and agree that FDX shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that FDX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that FDX is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release FDX, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
XIII. FEES AND SERVICES
Membership on the Platform is free. FDX does not charge any fee for browsing or buying listed items on the Site. When an item is successfully sold on the Platform, FDX will charge a fee to the Seller. From time to time, FDX will introduce listing fees for classifieds and may also introduce special listing feature with a special listing fee. Sellers agree that FDX will retain its fee after a successful sale. In the event, where a buyer doesn't complete the transaction, Seller may seek a refund of the relevant transaction fees from FDX through a process shared with the Sellers. FDX reserves the right to amend from time to time the fees it will charge on successful transaction. Sellers agree to review the fees before listing an item for sale on the Platform. FDX may introduce temporary changes in fees pursuant to its marketing strategies, these temporary changes will be effective as per their terms when they are posted on the Platform. FDX will update the Platform with its Credit Terms and Fees Policy. FDX reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to FDX.
XIV. PAYMENT TRANSACTIONS
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
All purchases on the Platform are a commitment by you to complete the purchase of the item on which you have purchased. If you are purchaser for any item and your purchase is accepted by the Seller, you are obligated to complete the transaction with the Seller. As a buyer on the Platform, we encourage you to post feedback on the Seller. You agree not to test the Platform with false purchases, nor to use a false name, other false personal information or use an unauthorized or known invalid credit card to purchase. Without prejudice to the rights and remedies available to FDX under this User Agreement or at law, FDX may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent Bids or Purchases. Please be aware that even if you do not give FDX your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
XVI. BUYER'S SAFETY
FDX is determined to protect the interest of the Buyers. Therefore, FDX ensures that all purchase is protected against fraud by any Sellers on the Platform. The Buyer must inform FDX within 24 hours of receiving or not receiving the relevant item, or receiving an item worth significantly less in value compared to what was described by the Seller. FDX will investigate the matter and if it has been determined (by FDX in its sole discretion) that the Seller has intentionally defrauded the buyer in relation to the item for which FDX has reimbursed the buyer, FDX may limit, suspend or withdraw the Seller's access to the Platform and/or the Seller's membership and FDX may charge the Seller for FDX's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Credit Terms and Fees Policy). FDX reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to FDX by a buyer is illegal or otherwise unlawful that FDX may in its sole discretion destroy the item or take any other steps as it considers necessary.
FDX is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. FDX does not buy or sell items. FDX is not and cannot be a party to or control in any manner any transaction between two users of the Platform and cannot guarantee that a buyer or Seller will complete a transaction or accept the return of an item or provide any refund for the same. FDX does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users. FDX can't be held responsible for the actions, or inactions, or items or Information that users list or post. FDX is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the Seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the Seller and the buyer. At no time shall any right, title or interest over any item vest with FDX nor shall FDX have any obligations or liabilities in respect of such item or the contract between the buyer and Seller. FDX is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable. FDX is not required to mediate or resolve any dispute or disagreement between users. FDX has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, or the ability of buyers to pay for items.
XIX. UNWANTED ITEMS
All purchases on FDX are considered final. If an item Buyer purchased does not fit in his/her
space, but the dimensions in the listing are accurate, FDX will proceed with
completing the sale. Since sales are
final, Buyer cannot return the item.
However, Buyer will have a choice of either accepting the item or
keeping the item and re-selling it on FDXonline website.
In the case that a Buyer will decide to re-sell the item, FDX will waive
its commission fees. A Buyer acknowledges
and agrees to keep the item until the item re-sells.
XX. LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that FDX may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account or email address, FDX reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that FDX has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that FDX reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice, and that FDX shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that FDX, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if FDX believes that you have violated these Terms. Further, you agree that FDX shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FDX without restriction. Any assignment or transfer by you shall be null and void.
XXII. CAPACITY TO CONTRACT
This Platform is intended only for adults and you acknowledge that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
XXIII. REVIEWS AND FEEDBACK
FDX encourages buyers and Sellers on the Platform to provide feedback on each other's conduct after a transaction has closed as this helps all users know what it is like to deal with the said buyer/Seller. Your feedback will be displayed along with your user ID on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of FDX under this User Agreement or at law, FDX reserves the right to suspend, limit or withdraw your access to the Platform and/or your membership of the Platform.
XXIV. REPRESENTATION AND WARRANTIES
FDX provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. FDX makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Site will be error free and/or uninterrupted. FDX makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Platform may be susceptible to data corruption, interception, non-availability and delays. The Platform may also be unavailable from time to time due to repairs, maintenance or development work. You agree that FDX has no obligation to provide support for the Platform. You expressly agree that you use the Platform at your own risk.
XXV. INDEPENDENT RELATIONSHIP
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and FDX and you shall have no authority to bind FDX in any manner whatsoever.
Except as explicitly stated otherwise, any notices to FDX from you shall be given by you by email to FDX at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by FDX by return email. Any notices to you from FDX shall be given by notices posted on the Platform or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
XXVII. LIQUIDATED DAMAGES AND INJUNCTION
Please report any violations of the Terms that you become aware of by contacting FDX. You agree to pay FDX actual damages, to the extent such actual damages can be reasonably calculated. The legal responsibilities and liability of FDX are limited or excluded; the rights or remedies you may have against FDX are limited or excluded. You take on risk, responsibilities and liability. This may result in you becoming financially liable to FDX for additional amounts. The statements made in this section also constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. FDX and/or other persons may have claims and other rights against you as a result of these statements. Notwithstanding any other provision of these Terms, FDX retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
- COLLECTION: As part of your registration on the Platform, you will be asked to provide us with certain personal information, such as your name, shipping address, email address and/or telephone number and other similar information as well as some additional information about you such as your date of birth or other identifying information. Additionally, in order for us to verify your identity, we may need to request from you valid proof of identification (e.g. in the form of a copy of your passport, resident's visa or permit, national ID card and/or driver's license). We will also need to collect selected financial information from you, such as your credit card and/or bank account details. You will need to input this financial information into the "My Account" section of the Platform. We use this financial information for billing purposes and for the fulfillment of your orders. Following your registration on the Platform, you should not post any personal information (including any financial information) anywhere on the Platform other than on the My Account section of the Platform. Restricting the posting of personal information to the My Account section of the Platform protects you from the possibility of fraud or identity theft. The posting by you of any personal information anywhere on the Platform other than on the My Account section of the Platform may lead to the suspension of your use of the Platform. We will collect transactional information based on your activities using the Platform (such as buying and selling items). This transactional information is used solely in relation to the transactions you undertake on the Platform and for no other reasons. Please note that we may use your Internet protocol (or IP) address (which is a unique number assigned to your computer server or your Internet service provider (or ISP)) to analyze user trends and improve the administration of the Platform. We may also collect information about your computer (for example, browser type) and navigation information (for example, the pages you visit on the Platform) along with the times that you access the Platform. Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey. We may also collect feedback ratings and other comments relating to your use of the Platform. Where we aggregate personal information for statistical purposes, such aggregated personal information shall be anonymized.
- EDITING THE INFORMATION: You can access and review your personal information in the My Account section of the Platform. If your personal information changes in any way or is incorrectly presented on the Platform you should immediately update or correct your personal information (as applicable) by accessing the My Account section on the Platform or, alternatively, by contacting our customer support team. Please note that we shall retain your personal information during and following the end of your use of the Platform as required to comply with law, for technical troubleshooting requirements, to prevent fraud, to assist in any legal investigations and to take any other actions otherwise permitted by law.
- COOKIES: Like many websites, the Platform uses 'cookie' technology (small computer files placed on your computer's hard drive). When you go to particular website pages on the Site, the cookie identifies your browser with a unique, random number. The cookies we use do not reveal any personal information about you. Cookies help us improve your experience of the Platform and also help us understand which parts of the Platform are the most popular. You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of the Platform.
- YOUR PERSONAL INFORMATION: The Platform is hosted on our servers located in Houston, TX, USA. By providing us with personal information, you consent to the transfer of your personal information to, and its storage on, our servers located in Houston, TX, USA. We take every precaution to safeguard all your personal information from unauthorized access, use or disclosure. All personal information is encrypted. However, the Internet is not a secure medium and we cannot guarantee the privacy of your personal information. You must enter your username and password each time you want to access your account or make transactions on the Site. Choose your password carefully using unique numbers, letters and special characters. Never share your username and password with anyone. If you are concerned that your username or password has been compromised, please contact our customer support team immediately and ensure you change your password by logging onto the My Account section of the Platform.
XXIX. DATA COLLECTION
As a user of the Platform, you expressly agree not to use any form of automated data collection such as harvesting bots, robots, spiders, or scrapers, as well as your use of that data. You agree not to use automated data collection methods to obtain the mobile phone numbers and email addresses of our users, and you acknowledge that if you contact our users for the purpose of directing them to your business or website without their express permission to contact them, then you may be prosecuted under United Arab Emirates laws.
Any taxes, as applicable, shall be added to the contracted price(s) at the prevailing rate(s).
These terms and conditions apply unless otherwise stated specifically in the description of a Product that is listed for sale.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of the UAE.
United Arab of Emirates is our country of domicile.
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the customers are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
FDX will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of the UAE.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and FDX and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and FDX shall be governed by the laws of the United Arab Emirates without regard to its conflict of law principles. We encourage you to contact FDX to try and settle any claim you may have, however, if we cannot settle the dispute amicably through human negotiation, then the claim or dispute must be submitted to the exclusive jurisdiction of the courts located within the United Arab Emirates. The failure of FDX to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. These Terms shall inure to the benefit of and be binding upon each party's successors.