IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BUYALADDIN THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
(a) (a) Through our Services, we make available a
platform that allows you to search and compare a variety of
products offered for sale by third party Sellers (“Sellers”)
on Buyaladdin platform. WE DO NOT SELL ANY PRODUCTS AND WE ARE
NOT A PARTY TO ANY TRANSACTIONS BETWEEN YOU AND ANY SELLER. If
you wish to buy any product that you search for using the
Services, it is acknowledged that you should review and adhere
to the Seller’s store regulation. We are not responsible for
the products sold or offered for sale by any Seller, or the
content of any Seller who is registered out platform.
(b)The Services may include advertisement or other content provided by Sellers, from which we receive compensation for qualifying purchases.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the “Dispute Resolution” section, for which you have followed the process in Section 15(g). Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
(a) You may use the Services only if you are 18 years
or older (or such other minimum age at which you are capable
of forming a binding contract under the laws of your
territory) and capable of forming a binding contract with
Buyaladdin, and not otherwise barred from using the Services
under applicable law.
(b) For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. In addition, you can only create one account on one phone (device). If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
(a) Posting Content. Our Services may allow you
to store or share content such as text (in posts or
communications with others), files, documents, graphics,
images, music, software, audio and video. Anything (other than
Feedback) that you post or otherwise make available through
the Services is referred to as
“User Content”. Buyaladdin does not claim any ownership
rights in any User Content and nothing in these Terms will be
deemed to restrict any rights that you may have to your User
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Buyaladdin an exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with operating, providing and improving the Services.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Buyaladdin on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Buyaladdin’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
(a) App License. If you comply with these Terms,
Buyaladdin grants to you a limited non-exclusive,
non-transferable license, with no right to sublicense, to
download and install the App on your personal computers,
mobile handsets, tablets, wearable devices, and/or other
devices and to run the App solely for your own personal
non-commercial purposes. Except as expressly permitted in
these Terms, you may not: (i) copy, modify or create
derivative works based on the App and intellectual property
contained within the App; (ii) distribute, transfer,
sublicense, lease, lend or rent the App to any third party;
(iii) reverse engineer, decompile or disassemble the App
(unless applicable law permits, despite this limitation); or
(iv) make the functionality of the App available to multiple
users through any means.
(b) Additional Information: Apple App Store. This Section 8(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party's intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a UAE Government embargo, or that has been designated by the UAE Government as a terrorist-supporting country; and (ii) you are not listed on any UAE Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
(a) Post, upload, publish, submit or transmit any User
Content that: (i) infringes, misappropriates or violates a
third party’s patent, copyright, trademark, trade secret,
moral rights or other intellectual property rights, or rights
of publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation
or would give rise to civil liability; (iii) is fraudulent,
false, misleading or deceptive; (iv) is defamatory, obscene,
pornographic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm
against any individual or group; (vi) is violent or
threatening or promotes violence or actions that are
threatening to any person or entity; or (vii) promotes illegal
or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Buyaladdin’s name, any Buyaladdin trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Buyaladdin’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Buyaladdin’s computer systems, or the technical delivery systems of Buyaladdin’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Buyaladdin system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Buyaladdin or any of Buyaladdin’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Buyaladdin or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Buyaladdin trademark, logo URL or product name without Buyaladdin’s express written consent;
(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Create multiple accounts in one device;
(o) Any act that causes system errors or any attempt to profit through abnormal behaviors while using the Buyaladdin service;
(p) Impersonate or misrepresent your affiliation with any person or entity;
(q) Violate any applicable law or regulation; or
(r) Encourage or enable any other individual to do any of the foregoing.
Buyaladdin is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and to terminate the account of any user who fails to comply with these Terms, at our sole discretion. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [email protected] Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(b), 7(c), 7(e), 11, 12, 13, 14, 15, 16 and 17.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
You will indemnify and hold Buyaladdin and its officers, directors and employees, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER
BUYALADDIN NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST
BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO
USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT BUYALADDIN OR ITS SERVICE PROVIDERS
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A
LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BUYALADDIN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BUYALADDIN FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BUYALADDIN, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUYALADDIN AND YOU.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the United Arab Emirates, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Buyaladdin are not required to arbitrate will be the state and federal courts located in Dubai, and you and Buyaladdin each waive any objection to jurisdiction and venue in such courts.
(a) Mandatory Arbitration of Disputes. We each
agree that any dispute, claim or controversy arising out of or
relating to these Terms or the breach, termination,
enforcement, interpretation or validity thereof or the use of
the Services (collectively, “Disputes”) will be resolved
solely by binding, individual arbitration and not in a class,
representative or consolidated action or proceeding. You and
Buyaladdin agree that the UAE Federal Law on Arbitration
governs the interpretation and enforcement of these Terms, and
that you and Buyaladdin are each waiving the right to a trial
by jury or to participate in a class action. This arbitration
provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the Dubai International Arbitration Centre(“DIAC”) under its Consumer Arbitration Rules (the “DIAC Rules”) then in effect, except as modified by these Terms. The DIAC Rules are available at www.diac.ae/idias/ or by calling +971 (0)4-202-8343. A party who wishes to start arbitration must submit a written Demand for Arbitration to DIAC and give notice to the other party as specified in the DIAC Rules. The DIAC provides a form Demand for Arbitration at www.diac.ae/idias/. Any arbitration hearings will take place in Dubai, provided that the arbitrator may select a different location if the arbitrator determines that the location set forth herein is unreasonably burdensome to you. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the DIAC Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying or our attorneys’ fees unless the arbitrator finds your Dispute frivolous. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND BUYALADDIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.his Dispute Resolution section shall be null and void.
(g) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 4 “Changes to these Terms or the Services” above, if Buyaladdin changes any of the terms of this Section 15 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice [email protected] within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Buyaladdin’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Buyaladdin in accordance with the terms of this Section 15 “Dispute Resolution” as of the date you most recently accepted these Terms.
(h) Severability.With the exception of any of the provisions in Section 15(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
(a) Reservation of Rights. Buyaladdin and its
licensors exclusively own all right, title and interest in and
to the Services, including all associated intellectual
property rights. You acknowledge that the Services are
protected by copyright, trademark, and other laws of the
United Arab Emirates and foreign countries. You agree not to
remove, alter or obscure any copyright, trademark, service
mark or other proprietary rights notices incorporated in or
accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Buyaladdin and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Buyaladdin and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Buyaladdin’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and may result in termination of your account. Buyaladdin may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Buyaladdin under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Buyaladdin’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Buyaladdin. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Buyaladdin at [email protected].