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Terms & Conditions Membership Eligibility Use of the Site is available only to persons of UAE nationality and those holding valid UAE employment / residence / visit visas. Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or bid for any items on the Site unless the parent or guardian approval has been filled and submitted. Zeebid reserves the right to terminate your membership and refuse to provide you with access to the Site if Zeebid discovers that you are under the age of 18 years and have registered as an adult member. Members may be contacted on the mobile number they have provided on the registration form for verification. Your Account and Registration Obligations If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to: (a) Provide true, accurate, current and complete information about yourself as prompted by Zeebid's registration form (such information being the "Registration Data") (b) You must not include any of your contact details such as email addresses etc in your username; and (c) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Zeebid has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, Zeebid has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site. Electronic Communications When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Fees and Services Zeebid does not charge any fee for browsing, bidding and buying on the Site. Zeebid charges Transaction Fees to all sellers when their item is successfully sold on the Site and Special Listing Fees are charged to Sellers who use the Special Listing Feature for listing their items. Before you list an item for sale on the Site, we request you to review our Fee Charging and Credit policies. Details relating to these policies are available at Fee Help. The Fee Charging and Credit policies on Zeebid are effective from 15 July 2004. However, Zeebid reserves the right to change its Fee Charging and Credit policies from time to time. In particular, Zeebid may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event Zeebid reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site. Unless otherwise stated, all fees shall be quoted in UAE Dirhams. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. Zeebid reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Zeebid. Zeebid also reserves the right to take legal action in case of non-payment of fees by you to Zeebid. Use of the Site You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles: (a) "Your Information" is defined as any information you provide to us or other users of the Site ("Users") in the registration, bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. (b) Your Information (or any items listed): (i) shall not be false, inaccurate or misleading; (ii) shall not be fraudulent or involve the sale of counterfeit or stolen items; (iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; (iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Zeebid does not permit transactions in the following items: "Securities", including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description. o Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws o Weapons of any description. o Liquor, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances. o Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person. o "Antiquities" and "Art Treasures" in violation of the provisions of the law (v) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) shall not be obscene or contain pornography; (vii) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (ix) shall not link directly or indirectly to or include descriptions of items, goods or services that: are prohibited under the Terms and Conditions; are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a web site other than the Site; or you do not have a right to link to or include (c) Solely to enable Zeebid to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Zeebid will only use Your Information in accordance with the Terms and Conditions and Zeebid's Privacy Policy. (d) You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Site. You shall have complete right title and authority to deal in and offer for sale such items, goods or products. (e) In the event that any transaction or attempted transaction relating to any item, good or service which is violative of these terms and conditions comes to your knowledge, you shall take all steps to inform Zeebid of the same. You may contact Zeebid at alert@Zeebid.com. (f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Site. (g) You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. You shall not engage in any transaction in an item which is prohibited by the provisions of any applicable exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside UAE. (h) From time to time, you shall be responsible for providing information relating to the items proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items so as to mislead other Users in any manner. (i) You will not disclose your contact details like Phone number, address, emailing address in bidding, buying or listing process, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass Zeebid. (j) You may find potential adult material/mature audience items being displayed on the site. Such material or items are to be viewed/sold/bought/bid on by adults aged 18 years or older only. If you are not 18 years of age you cannot view/sell/buy/bid on such material/items. If you do not qualify, please do not use our services. If you choose to view /sell/ buy / bid on mature audience items or items that are restricted to adult use, you are certifying that: (a) you have the legal right to view / sell/ buy / bid on such items; (b) you are not offended by the adult content/item; (c) it is your decision to view / sell/ buy / bid on the adult content/item on the Site; and (d) such items/content are being viewed/sold/bought/bid on by yourself only and you are not allowing underage minors to view / sell/ buy / bid on such items/content from your computer. (k) You certify that you will not sell, list or display any mature audience items or items that are restricted to adult use on the Site, without following the procedure prescribed by Zeebid for selling, listing or displaying such items on the Site. To sell, list or display any mature audience items please follow these steps: 1. Mail sellrequest@Zeebid.com giving your Zeebid ID and the nature of items you wish to list. 2.Provide the necessary documents 3.On approval the specific category permissions will be granted to you to list your items. You acknowledge that Zeebid will not be responsible for any liability arising from your default in complying with the provisions of this clause Platform for Communication The Site is only a venue where Users may meet and interact with one another for their transactions. Zeebid is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently: (a) Zeebid is not responsible for any non-performance or breach of any contract entered into between Users. Zeebid cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Zeebid shall not and is not required to mediate or resolve any dispute or disagreement between Users. (b) Zeebid does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Site. In particular, Zeebid does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site. Zeebid accepts no liability for any errors or omissions, whether on behalf of itself or third parties. (c) Zeebid does not make any representation or Warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf. (d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items. Zeebid is only providing a platform for communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with Zeebid nor shall Zeebid have any obligations or liabilities in respect of such contract. Zeebid is not responsible for damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. (e) You shall independently agree upon the manner and terms and conditions of delivery, insurance etc. with the other registered Users that you transact with. (f) You release and indemnify Zeebid and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Zeebid cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Breach Without limiting other remedies, Zeebid may immediately issue a warning, temporarily/indefinitely suspend or terminate your membership and refuse to provide you with access to the Site: (a) If you breach the Terms and Conditions or the documents it incorporates by reference; (b) If Zeebid is unable to verify or authenticate any information you provide; or (c) If it is believed that your actions may cause legal liability for you, other Users or Zeebid. Zeebid may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Zeebid or use the Site in any manner whatsoever until such time that such User is reinstated by Zeebid. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, Zeebid reserves the right to recover any dues owed by you to Zeebid and to take strict legal action including but not limited to initiating criminal proceedings against you. Bidding and Buying All bids on the Site are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller. An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the Terms and Conditions or unlawful. In case of consumer goods, sellers on the Site may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. Zeebid strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by Zeebid. As a Winning buyer you must contact the seller within 72 hours of auction closing successfully. In the event of Dual Winning Buyers displayed online for a Single Auction, the User who has received the Winning Email will be the rightful Winning buyer and beyond that there is no liability. Please be aware that even if you do not give Zeebid your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As buyers on the Site we encourage you to post feedback on the seller after the auction is closed. Priority in Bidding In order to qualify and be identified as a successful bid, the following priority parameters will be followed: (a) Price: The higher price bids always supercedes the lower price bids; (b) Quantity: Between bids of the same price, the bid for the higher quantity shall supercede; (c) Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supercede. Zeebid's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited. Selling As a registered member, you may list item/s for sale on the Site. You must be legally able to sell the item(s) you list for sale on our Site. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the item listing or elsewhere on the Site other than in the Registration data is expressly prohibited and would be considered as a breach of the Terms and Conditions. All listed items must be kept in stock for successful fulfillment of auctions. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Winning buyer. You agree not to list a single product in multiple quantities across various categories on the site. Zeebid reserves the right to delete such multiple listings of the same product listed by you in various categories. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the Reserve Price i.e. the reserve price as defined by the seller in a reserve auction), you are legally obligated to complete the transaction sale contract with the Winning buyer upon the item's sale online. You must contact the Winning buyer within 72 hours of item selling successfully and supply the item to the Winning buyer in a merchantable condition within 48 hours of receiving the payment from the Winning buyer, unless there is an exceptional circumstance, such as: (a) The Winning buyer fails to meet the terms of your listing (such as payment method), or (b) You cannot authenticate the Winning Buyer's identity. Without limiting any other remedies, Zeebid may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Site. As sellers on the Site we encourage you to post feedback on the buyer after the auction is closed. Auction Close An item will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Notwithstanding the foregoing, a reserve auction will be considered as successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date. Immediately after any auction is successfully closed an e-mail is sent to both the Winning bidder and the seller providing each of them the contact information of the other party (contact phone number if allowed by them when bidding/selling) to enable them to get in touch with each other to fulfill the transaction. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on Zeebid. No Warranty Zeebid and its suppliers provide the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk. Limitation of Liability In no event shall Zeebid or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence). Zeebid's liability in any circumstance is limited to the amount of fees, if any, paid by you to Zeebid. Zeebid, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Zeebid assumes no liability whatsoever for any monetary or other damage suffered by you on account of (i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or (ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that Zeebid shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zeebid has been advised of the possibility of such damages). Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Relationship None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and Zeebid and you shall have no authority to bind Zeebid in any manner whatsoever. |
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