Term Of Use
WELCOME TO VINDEALZ! INTRODUCTION VinDealz.com
Limited (“VinDealz”) is a leading classifieds platform that offers sellers the
opportunity to list products and services under a number of categories, and the
opportunity for buyers to browse, search for, and contact sellers to buy the
listed products or services. In this Terms of Use the following
words and expressions shall have the meanings hereby assigned to them:
Service(s) means any products, services, content, features, technologies, or
functions, and all related websites, applications and services offered to you
by us. Platform(s) means the websites, mobile apps, mobile sites or
other online properties through which we offer our Services. The Terms
of Use sets forth the agreement between you and VinDealz. It governs the use of
the Services and Platforms we offer. These Terms of Use provide you with
information about the terms upon which we agree to provide, permit and allow you
to access and use the Platforms. Please print a copy of these Terms of Use and
refer to it as you use our Platforms and Services. You agree to be bound by
these Terms of Use if you continue using the Platforms. If you do not agree to
these Terms of Use, you must immediately refrain from using the Platforms and
the Services. We may make changes and/or updates and/or modifications
partially and/or fully to the Terms of Use anytime. IF ANY FUTURE CHANGES
AND/OR UPDATES AND/OR MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOU SHOULD
DISCONTINUE USING THE PLATFORMS AND SERVICES. YOUR CONTINUED USE OF THE
PLATFORMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES AND/OR
UPDATES AND/OR MODIFICATIONS WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND
ANY CHANGES AND/OR UPDATES AND/OR MODIFICATIONS MADE THERETO. 1.
ACCEPTANCE OF THESE TERMS OF USE 1.1 The Platform and the
Service are provided to you subject to these Terms of Use (referred to herein
as the “Terms”). By accessing the Platform or using the Service, you
agree that you have read, understood and agree to be bound by these Terms and
the Privacy Policy. 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 without limitation
to persons browsing or/and searching the Platform and its content, posting
comments, chatting or any content or responding to any listing or content on
the Platform. 1.2 By accessing and/or using the Platform
and/or the Service, you agree to comply with these Terms. Additionally, when
using a portion of the Service, you agree to conform to any applicable posted
guidelines for such Service, which may change and/or be updated from time to
time at VinDealz’s sole discretion. Such changes are effective on the
date that they have been posted on the website. 1.3 You are
solely responsible for reviewing these Terms from time to time. Should you
object to any term or condition of these Terms, any guideline, or any
subsequent changes thereto or become unhappy with VinDealz or the Service in
any way, you must immediately discontinue use of the Platform and the Service,
otherwise, such continued use shall be deemed to be an explicit consent of
these Terms. 1.4 These Terms may be updated by VinDealz at
any time at its sole discretion. It is your responsibility to check the latest
Terms and keep a copy of these Terms. 1.5 VinDealz may
provide a translation of the English version of the Terms into other languages.
Any translation of the Terms into other languages is for your convenience only
and the English version shall supersede and govern the terms of your
relationship with VinDealz regardless of any other translation that may be
provided thereto. Furthermore, if there are any inconsistencies between the
English version of the Terms and any translation, the English version of the
Terms shall prevail. 2. DESCRIPTION OF SERVICE AND CONTENT POLICY
2.1 The legal responsibilities and liabilities of VinDealz are
excluded or limited; – you take on risk, responsibilities and liability; and –
any rights you have against VinDealz are limited or excluded. The statements
made in this Section 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. VinDealz and/or other persons may have
claims and other rights against you as a result of these statements.
2.2. VinDealz is a platform to allow our users who comply with these Terms to
offer, sell, and buy products and services listed on the Platform. Although you
may be able to conduct payment and other transactions through the Platform,
using third-party vendors, VinDealz is not in any way involved in such
transactions, including but not limited to payment of any sales or applicable
taxes. As a result, and as discussed in more detail in these Terms, you hereby
acknowledge and agree that VinDealz is not a party to such transactions, has no
control over any element of such transactions, and, as far as the law allows,
shall have no liability towards any party in connection with such transactions.
VinDealz does not provide any warranty or guarantee and assumes no liability
for any products sold or purchased, or services listed, or any kind of
promotion for investment opportunities, and is not responsible for any returns,
refunds, or disputes between users of the Platform. As far as the law allows,
you use the Service and the Platform at your sole risk and
responsibility.. 2.3 You understand that VinDealz
is not responsible for listings, ads, user generated content, directory
information, business listings/information, messages between users, including
without limitation e-mails or chats or other means of electronic communication,
whether through the Platform or another Third Party Platform (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 (hereinafter referred to as
the”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. As far as the law allows, you are responsible for
and must evaluate, and bear all risks associated with, the use of any Content.
You may not rely on said Content, and under no circumstances will VinDealz be
liable in any way for the Content or for any loss and/or damage of any kind
incurred as a result of the browsing, searching, using or reading any Content
listed, e-mailed or otherwise made available via the Service. VinDealz is not
obliged to pre-screen or approve any Content, but VinDealz 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 VinDealz’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 (hereinafter referred
to as “Third Party Platforms”) which are completely unrelated to VinDealz.
If you link to Third Party Platforms, you may be subject to those Third Party
Platforms’ terms and conditions and other policies. As far as the law allows, VinDealz
makes no representation or guarantee as to the accuracy or authenticity of the
information contained in any such Third Party Platforms, and your linking to
any other websites is, as far as the law allows, completely at your own risk
and VinDealz disclaims all liability thereto. 2.4 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:
2.4.1. you own or have and shall continue to, for such time
the Content is available on the Platform, have the necessary licenses, 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 VinDealz
to use such Content in any way but not limited to enable inclusion and use of
the Content in the manner contemplated by the Service, the Platform and these
Terms; and 2.4.2. 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 VinDealz 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 VinDealz’s (and its successors’ and/or subsidiaries and/or
affiliates) 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 VinDealz in order to host
and display your Content. Furthermore, by you posting Content to any area of
the Service, you agree to and do hereby grant to VinDealz 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 which contravenes these Terms. These rights are perpetual
and cannot be revoked by you and will apply and can be exercised throughout the
world. You also hereby grant each user of the Platform a non-exclusive license
to access your Content through the Platform (this license excludes automated
data collection/scraping cases and any other possible use with commercial
purposes). 2.4.3. VinDealz does not endorse any Content
or any opinion, statement, recommendation, or advice expressed therein, and, as
far as the law allows, VinDealz expressly disclaims any and all liability in
connection with user Content. VinDealz does not permit copyright infringing
activities and infringement of intellectual property rights on the Platform,
and VinDealz may, at its sole discretion, remove any infringing Content. VinDealz
reserves the right to remove any Content without prior notice. VinDealz may
also terminate a user’s access to the Platform. Further, at its sole
discretion, VinDealz reserves the right to decide whether any Content is
appropriate and complies with these Terms. 2.5 The below
practices are considered prohibited on VinDealz: Creating multiple accounts
Selling any accounts Creating any account with false or misleading information
Posting duplicate content Deleting and reposting the same listing Posting
content with misleading titles, content, or images Posting content with
inappropriate images Posting content under wrong categories Posting content
with unrealistic prices Posting content with links redirecting to other
websites Uploading images that contain names, phone numbers or any other words
Posting phone numbers in titles of listings Posting content with prepayment or
bank transfer options Posting generic content Posting multiple items in one
post Using personal photos to display on profiles for any account, including
but not limited to Shops or other professional accounts 2.6
Any listing / post or message or comment be it public or private that
contains one or more of the below prohibited content will be deleted, once VinDealz
identifies it and/or are notified in writing about it and VinDealz reserves the
right to permanently delete the user account, blacklisting the account, and/or
reporting the content and the user information to Law Enforcement or the
appropriate Authority: Alcoholic Beverages, Liquor, non legal tobacco
products, drugs, non legal psychotropic substances, narcotics, intoxicants of
any description, non legal medicines, palliative/curative substances nor shall
you provide link directly or indirectly to or include descriptions of items,
goods or services that are prohibited under any applicable law (For
dietary supplements, slimming products and cosmetic creams, local approval and
business licenses must be provided first). Living, dead person and/or
the whole or any part of any human which has been kept or preserved by any
means whether artificial or natural including any blood, bodily fluids and/ or
body parts. Prostitution or any other service in the nature thereof that
purports to violate any act, law or regulation regarding the representation of
women or children and the contemporary standards of morality and decency in the
Arab society. Offensive material intended for use in a sexual setting
(including “bondage” and “fetish” items,) displaying sexual
activity or portraying human genitalia in a “life-like” or realistic
fashion. “Antiquities” and “Art Treasures” not
authorized for sale or trading under any applicable law. Information or
items that are defamatory, libelous, threatening or abusive in nature.
Information that is fraudulent, misrepresenting as to the nature and use of the
goods or the services. Counterfeit, pirated, illegal and/or stolen goods
or unauthorized illegal services (services for which you are not licensed or
permitted to do or do not have the authority to undertake). Items, goods
and services that infringe or attempt to pass off any third parties’
intellectual property or rights of publicity or moral rights and or purports to
breach any persons right to privacy. Electronically transmitting through
any medium computer viruses of any type or any computer program that
facilitates hacking of a computer system with the intent to damage a computer
or computer network or intercept any personal data. Your information
shall not include any hate content, that is derogatory or slanderous in nature
that may directed to any individual or group or advocate violence against any
users’ individuals and or animals. Hazardous chemicals and
pesticides. Fireworks, destructive devices and explosives including any
material that enables the making of fireworks, explosive triggers and explosive
devices. Identity documents, personal financial records & personal
information (in any form, including mailing lists). Lottery tickets,
sweepstakes entries and slot machines. Military or police badges,
uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items
related to military or police that are not authorized for sale or trading under
any applicable law. Weapons and related items (such as firearms, firearm
parts and magazines, ammunition, tear gas, stun guns or switchblade knives).
“Pyramid schemes” and “multilevel marketing” and/ or
similar scams which are solely listed for the purpose of defrauding users.
Spam, abusive, duplicate, listing, fraud schemes (e.g. “Get rich
quick” “work at homes” scams which are solely listed for the
purpose of duping users) Endangered animal species or animals advertised for
fighting or offensive purposes. Loans, funding services, & financing
companies that are not licensed. Listings for maid or maid’s waiver
unless its locally licensed offices or Companies. Listings or ads with
“residence permit transfer”. Drones & their accessories unless
its legal in the country its listed by official authorities. 3. VALUE ADDED
SERVICES (“VAS”) AND ONLINE PURCHASES (“OP”) 3.1 VinDealz
offers a variety of value added services where users may pay a non-refundable
fee to have their listings’ posted in selected locations on the Platform, thus
potentially increasing a listing’s visibility. In order to purchase a paid
listing Service, you may be required to transmit certain information through a
third party service provider, a Third Party Platform, that may be governed by
its own terms of use and other policies. VinDealz makes no representation or
guarantee as to the safety or security of the information transmitted to any
Third Party Platform, and your linking to any Third Party Platform is
completely at your own risk, and VinDealz disclaims all liability related
thereto. 3.2 VinDealz offers a variety of other paid Services
and products where users may pay a non-refundable fee to unlock the number of
listings or to stop ads or any other type of Service as described upon
purchasing on the Platform. In order to purchase any paid product or Service,
you may be required to transmit certain information through a third party
service provider, a Third Party Platform, that may be governed by its own terms
of use and other policies. VinDealz makes no representation or guarantee as to
the safety or security of the information transmitted to any Third Party
Platform, and your linking to any Third Party Platform is completely at your
own risk, and VinDealz disclaims all liability related thereto. 4. VINDEALZ
WALLET VinDealz Wallet is a prepaid system used on VinDealz that allows
the registered users to purchase credits or points which may be used to buy
services or products offered by VinDealz. Credit or points within VinDealz
Wallet cannot be exchanged for money and does not earn interest or dividends
and cannot be refunded. The credit or points purchased will automatically
expire after one year of the purchasing date if not used and you consent and
agree to this and: Only registered users are eligible to purchase
credits and use the VinDealz Wallet. All VinDealz Wallet credits
purchases shall be final and irrevocable and non-refundable. VinDealz
reserves the right to stop selling VinDealz Wallet credits and/or change the
cost, as well as the manner by which a registered user can purchase, store
and/or use VinDealz Wallet credits at its sole discretion. A percentage
of up to 6% conversion rate commission may be added to online payments and for
local currency conversion from the US dollar base currency. A registered
user may use VinDealz Wallet credits to buy any of the VAS products and
services from VinDealz or any other services that may be made available in the
future. Registered users may not use VinDealz Wallet credits to buy
products and services not being offered by VinDealz or to purchase items or
services posted by other users on VinDealz. A registered user may not
transfer VinDealz Wallet credits to another user on VinDealz. Each VinDealz
Wallet credit purchased by a registered user expires one year after its
purchase. Once a user’s account becomes inactive, or is deactivated, or
otherwise terminated, all VinDealz Wallet credits, if any, shall automatically
be forfeited. VinDealz reserves the right to forfeit any VinDealz Wallet credit
which it believes to have been directly or indirectly purchased or acquired
through fraudulent or unlawful means without need of notice and shall not be
held liable in any way whatsoever. If VinDealz reasonably believes or
has evidence that a user has violated any of these rules or other Terms of Use
or Privacy Policy, VinDealz may: (a) block the use of the user’s VinDealz
Wallet credits; and/or (b) delete and/or amend the listing, Paid Ads and/or
posts without the need for any prior notice. By using VinDealzWallet,
you agree that: At any time and without prior notice, VinDealz may
update, change and/or terminate in whole or in part (i) any of its content or
services, including VinDealz Wallet; and (ii) these terms and conditions. Any
update, change and/ or termination shall be effective immediately upon posting
or implementation on any Platform or Service. VinDealz reserves its
absolute right to control, eliminate, manage, modify and/or regulate VinDealz
Wallet, its content, service, technology, platform and all related matters, as
it sees fit in its sole discretion and VinDealz shall have no liability
whatsoever upon its exercise of such rights. VinDealz may audit and
inspect a user’s VinDealz Wallet account in order to investigate system errors
or to confirm any reported or potential violation of these terms and conditions
or any of the policies, rules and regulations of VinDealz. Any dispute
regarding VinDealz Wallet should be reported to VinDealz within twenty-four
(24) hours from the time the problem is discovered by the user. The user
irrevocably and fully waives all claims against VinDealz. 5. CONDUCT You
agree not to publicly or privately 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 other intellectual property or 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 VinDealz 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 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 VinDealz 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 “network marketing”, “multi-level marketing”, “Ponzi
and 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 VinDealz users who have requested not to be contacted about other
services, products or commercial interests; that includes links to
commercial services or Third-Party Platforms, except as specifically allowed by
VinDealz; 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 of local jurisdiction; 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
Platform 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 areas
or/and cities; or/and neighborhoods; attempt to gain unauthorized access
to computer systems owned or controlled by VinDealz 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 VinDealz’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 VinDealz 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 any Content uploaded by you shall be subject to relevant
laws and may be disabled or deleted, and/or may be subject to investigation
under appropriate laws. Furthermore, if you are found to be in non-compliance
with the laws and regulations, these Terms, or the Privacy Policy of the
Platform, VinDealz may terminate your account/block your access to the
Platforms or Services and VinDealz reserves the right to remove any non-compliant
Content uploaded by you without any prior notice, and shall not be held liable
in any way whatsoever. 6. PAID POSTINGS VinDealz may charge a fee to
post Content in some areas of the Service. The fee permits certain Content to
be posted in a designated area of the Platform. Each party posting Content to
the Platform or/and Service is responsible for said Content and compliance with
the Terms. Any such fees paid hereunder are non-refundable in the event any
Content is removed from the Service for violating these Terms. 7.
NOTIFICATION OF CLAIMS OF INFRINGEMENTS VinDealz is not liable for any
infringement of copyright and/or any other intellectual property rights,
arising out of materials posted on or transmitted through the Platform, or items
advertised on the Platform, 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 VinDealz together with a request to VinDealz
to delete the relevant Content in good faith. VinDealz’s cooperation shall not
be considered in any manner whatsoever an acknowledgment of its responsibility
and/or liability in whole or in part for any such infringement The notification
and the request must contain the following information: a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; identification of the
intellectual property rights claimed to have been infringed, or, if multiple
intellectual property rights at a single online site are covered by a single
notification, a representative list of such works at that site;
identification of the Content (by means of data or communication link, Post ID,
listing ID etc.) that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit VinDealz to locate the
material; information reasonably sufficient to permit VinDealz to contact
you, such as an address, telephone number, and, if available, an electronic
mail address; a signed statement that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
intellectual property right-owner, its agent, or the law; a signed
statement that the intellectual property-owner holds VinDealzharmless from any
claim of any third party in connection with the removing by VinDealzof the
relevant content; and signed statement that the information in the
notification is accurate and under penalty of perjury that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed. Notifications must be sent to VinDealz via the Help Center or
the Contact Us section. 8. NO SPAM POLICY This Section has important
legal consequences for you. In this section you take on risk, responsibilities
and liability. This may result in you being punished under applicable criminal
laws, and/or you becoming financially liable to VinDealz and/or other persons
for additional amounts. You understand and agree that sending unsolicited email
advertisements or other unsolicited communications to VinDealz users or email
addresses or through VinDealz computer systems are expressly prohibited by
these Terms. You acknowledge and agree that from time to time VinDealz may
monitor usage using human monitors or automated software to flag certain words
associated with spam or scams in that are sent between one user to another in
the VinDealz’s systems, Services and Platforms be it public or private. 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 VinDealz computer systems is
a violation of these Terms and certain applicable laws, in particular and
without limitation to the cybercrimes legislation of any applicable law. Such
violations may subject the sender and his or her agents to civil and criminal
penalties. Please note that the cybercrimes legislation carries significant
penalties including imprisonment. In case you intend to solicit or contact our
users by obtaining any of their information, email or phone numbers from our
Platform, we may report this behavior to the relevant authorities, who then may
decide to prosecute you under the relevant country’s laws. 9. LIMITATION
AND TERMINATION OF SERVICE This Section has important legal consequences
for you. In this Section: – the legal responsibilities and liability of VinDealz
are limited or excluded; – the rights or remedies you may have against VinDealz
are limited or excluded; and – you take on risk, responsibilities and
liability. VinDealz 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, chat messages, or other Content that may be
transmitted or stored by the Service publicly or privately, and the frequency
with which you may access the Service or the Platform. As far as the law
allows, VinDealz has no responsibility or liability for the deletion or failure
to store any Content maintained or transmitted by the Platform or the Service. VinDealz
reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that VinDealz 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 VinDealz, 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, disable or stop any VAS or OP, and remove and
discard any Content within the Service, for any reason or no reason at all.
Further, as far as the law allows, you agree that VinDealz shall not be liable
to you or any third-party for any termination of your access to the Platform or
the Services. 10. ABILITY TO ACCEPT TERMS OF SERVICE This Platform is
intended only for adults and 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 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, agreements, representations, and warranties set
forth in these Terms, and to abide by and comply with these Terms. If you are a
minor and want to contact us, you may only do so through your parent or legal
guardian. 11. ASSIGNMENT These Terms, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by VinDealz without restriction. Any assignment or transfer by you
shall be null and void. 12. DISCLAIMER OF WARRANTIES In this Section: –
the legal responsibilities and liability of VinDealz are limited or excluded; –
the rights or remedies you may have against VinDealz are limited or excluded;
and – you take on risk, responsibilities and liability. There are things that
may go wrong when using the Platform and/or the Service, including what is
listed in this Section. VinDealz is not responsible or liable for anything that
goes wrong, including without limitation to what is listed in this Section. You
use the Platform and the Service knowing and accepting that these things can go
wrong and that there are risks. AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN “AS
IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, VINDEALZ, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. VINDEALZ MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
PLATFORM’S CONTENT OR THE CONTENT OF ANY THIRD PARTY PLATFORMS LINKED TO THE
PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM
AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. VINDEALZ DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED
PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VINDEALZ WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE. AS FAR AS THE LAW ALLOWS, IN NO EVENT SHALL VINDEALZ, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VINDEALZ HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM
INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE, (iv)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY
DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (vi)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (viii) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM
BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY
LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE
SERVICE OR ANY LINKS ON THE VINDEALZ SITE. THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT VINDEALZ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. VINDEALZ
MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE
IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER
JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR
COMPLIANCE WITH THE LAW. 13. LIMITATIONS OF LIABILITY IN NO EVENT SHALL VINDEALZ,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF VINDEALZ HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM
INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH
LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS
WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE VINDEALZ
SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT VINDEALZ SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIM
OR DEMAND, REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT
OF YOUR BREACH OF THIS TERMS OF USE INCLUDING ANY CLAIM AGAINST US FOR
INTELLECTUAL PROPERTY INF, YOUR IMPROPER USE OF OUR PLATFORM OR YOUR BREACH OF
ANY LAW OR THE RIGHTS OF A THIRD PARTY. 14. ACCEPTANCE OF THIS TERMS OF USE
You acknowledge you have read the Terms of Use and agree to all its
terms and conditions. By accessing and using the Platforms and Services you
agree to be bound by Privacy Policy and the Terms of Use. If you do not agree
to abide by the terms of these terms, Terms of Use, Privacy Policy and our
other Policies, you are not authorized to access or use the Platforms and
Services. 15. MISCELLANEOUS 15.1 You agree that with respect
to any claim or dispute at law or equity that has arisen, or may arise, between
you and VinDealz (or any related third parties) that relates in any way to the
Terms, your use of or access of the Platform and the Services will be resolved
pursuant to the laws of England and Wales without regard to principles of
conflict of laws. 15.2 You agree that any and all disputes
or claims that have arisen, or may arise, between you and VinDealz (or any
related third parties) that relate in any way to or arise out of the Terms,
your use of or access to our Platforms or Services, the actions of VinDealz or
its agents, or any products or services sold, offered, or purchased through our
Services shall be resolved exclusively through final and binding arbitration,
rather than in court. The arbitration will be conducted under the
DIFC-LCIA Arbitration Rules as amended from time to time after notice has been
provided to the other party. The number of arbitrators shall be one,
chosen and appointed in accordance with the DIFC-LCIA Arbitration Rules. The
seat of arbitration shall be in the Dubai International Finance Centre. The
language used in the arbitral proceedings shall be English. 15.3 If any
provision of the Terms is held to be invalid, void or for any reason unenforceable,
such provision shall be struck out and shall not affect the validity and
enforceability of the remaining provisions.
15.4 Headings are for reference purposes only and do not limit the
scope or extent of such Section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches. We do not guarantee we will take action against all breaches
of the Terms. 15.5 The Terms and all terms and polices posted through
our Services set forth the entire understanding and
agreement between you and VinDealz, and supersede all prior understandings and
agreements of the parties. 15.6 The following Sections
survive any termination of the Terms: Conduct; Disclaimer of Warranties; Limitations
of Liability and Miscellaneous.