Terms and Conditions for Use of this Website

Introduction

Welcome to the Nabay.com platform (“NABAY.COM”).

The use of the website Nabay.com (“Website”) is governed by these terms and conditions, (“Terms and Conditions”) read in conjunction with the Privacy Policy, the Disclaimer, the Seller’s Guide, the Barter Guide and the other policies and terms as published from time to time on Nabay.com. By using the Website you expressly (without any limitation or qualification) consent to these Terms and Conditions, the Privacy Policy, the Disclaimer, the Seller’s Guide and the Barter Guide. Please DO NOT USE the Website if you do not agree to these Terms and Conditions, the Privacy Policy, the Seller’s Guide and the Barter Guide. Your use of this Website will amount to an affirmative act that you agree to these Terms and Conditions, the Privacy Policy, the Seller’s Guide and the Barter Guide.

The term “you” “your” (or a similar reference) refers to you as the Website user and the term “us” “our” “we” refers to Nabay.com FZ and its subsidiary and associated entities.

These Terms and Conditions shall govern and be applicable to your use of the Website. It is important to note that these Terms and Conditions shall be deemed to apply to anyone viewing this Website and not only those that are registered to purchase, sell or barter on this Website.

Content of this Website

The Website features a virtual mall, plugged in and a barter exchange (“Services”). The terms governing the sale, purchase and barter Services can found here – Seller’s Commercial Terms, Buyer’s Commercial Terms and Barter Commercial Terms.

Use of this Website

You may visit this Website and view Services without the need to register on the Website or provide any personal information but, to use our Services, you must register as set out in these Terms and Conditions.

You may only use the Website to genuinely review the Services, contact us and make legitimate transactions. You may not use the Website to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law.  You may not use the Website for any purpose that is unlawful or is prohibited by these Terms and Conditions.

You may provide certain details through the Website for the purpose of buying, selling or bartering products or services. You will need to provide basic information including your real name, billing address, physical location and postal address, telephone number, email address and a valid credit card for payments made by credit card. Please ensure the purchase order information is accurate and true. Upon successfully completing a transaction, you will receive an appropriate notification.

Any information you provide will be used and stored in accordance with these Terms and Conditions and the Privacy Policy.

We retain complete rights at any time and without reason, advance notice, limitation or liability, to terminate or restrict your access to the Website or not accept or decline requests for orders of Services.

By providing your email address, you accept to receive notifications and emails from the Website and our affiliated companies for the receipt of information, advertisement, confirmation and registration with respect to promotions or further information on Services. Should you decide to unsubscribe from the promotional communications and newsletters, you may opt out through your Admin Dashboard.

User Undertakings, Representations and Warranties

While the Website is designed to suit viewing and use by users who are over 13 years of age, with respect to using this Website including without limitation when you carry out any transactions, you undertake, represent and warrant as follows:

• You are 18 years of age or over if you wish to use the Services through the Website. If you are over 13 years of age and under 18 years of age, then you may use the Services through the Website only under the supervision of a parent or a guardian. If you are under 13 years of age, you may not use the Services through the Website;
• The Website and any content on and from the Website will be used for your own personal use only in accordance with these Terms and Conditions;
• In accessing the Website you will not seek to interrupt, interfere or act in any manner whatsoever that may be contrary to these Terms and Conditions or the laws of the United Arab Emirates; and
• Any downloads from the Website, if made by you, must be in accordance with these Terms and Conditions.

Postings on the Website

You agree not to post content that contains profanity or offensive words or language, defamatory material or anything that may be contrary to these Terms and Conditions or the laws of United Arab Emirates. You acknowledge and agree that we will not be held liable for any words, images, videos, comments or postings made by you or any other person on the Website that may be in error or that may be construed by a competent authority to be defamatory, libel, slander, profane, abusive, harmful, fraudulent, deceptive, misleading, obscene, inaccurate or illegal in any manner whatsoever. We may choose to disclose your identity and your registration and other details to the law enforcement authorities at any time, when required to do so. Any statements made or words and comments posted on the Website by any user do not reflect the view of the Website unless made by authorised representatives of the Website or Nabay.com FZ LLC.

External Links

The Website may include advertisements with external links on separate web pages (“External Sites”). Once you click or access these External Sites, you may leave the Website. We do not investigate, review, endorse, represent or control the content of any of External Sites, unless otherwise expressly stated in these Terms and Conditions. We will not be responsible or held accountable for the content displayed on External Sites and you will access these External Sites at your sole risk. You also agree not to link any other website or External Sites to the Website without our express prior written consent and approval. External Sites may send their own cookies to you or otherwise collect data or solicit personal information and you are responsible for checking the External Sites to locate and review their terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link and/or bookmark the External Sites at your own risk.

Submissions to the Website

You are welcome to contact us directly at any time on care@nabay.com.

Any information, reference, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us directly or through the Website shall be deemed and always remain our sole and exclusive property. We will be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you.

Intellectual Property

The entire content of the Website including but not limited to text, programs, Services, processes, technology, content, designs, graphics, photographs, video, interactive presentations, photographs, logos, arrangements, layouts and other material are our sole and exclusive property or are licensed to us and all rights are reserved.

All trademarks and trade names including NABAY.COM and the NABAY.COM LOGO and all other derivatives thereof including the trademark appearing on the Website are proprietary to us, our affiliates, and/or our product suppliers and may only be used by licensees to whom we specifically grant or license such rights.

You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights in this Website without our prior written consent.

Any use of the Website or its contents, including copying or storing it in whole or in part, other than for your own personal, non-commercial use is prohibited without our prior written permission.

Any references on the Website to any names, marks, Services or services of third parties or hyperlinks to third party websites or information are only to be construed as being for information purposes and do not in any way constitute or imply our endorsement, sponsorship or recommendation of such third party entity or its affiliates or such information, product or service.

Disclaimer

You are using the Website at your own risk. We do not provide any warranties, whether express or implied, to you through the use of the Website. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the accuracy of the content, information, software, text, graphics, links or communications on the Website. We may make changes to the content or material in the Website without any prior notice. We are not under any commitment to update any content or material on the Website.

We do not make any warranties or representations, whether express or implied, arising out of law or otherwise that the operation of the Website will be free of error and uninterrupted. We assume no liability for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website.

We reserve the right at all times to disclose any information that you may provide to us through the Website, to our legal representatives and advisors and any governmental or federal authority in the United Arab Emirates.

We shall not be held responsible or accountable to you or any third party relying on you and in this respect you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses through your use of the Website and/or the Services.

We shall not be liable in respect of any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Website and/or any External Links. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Website.

Survivability

If a court in Dubai, in the United Arab Emirates, finds any part of these Terms and Conditions (or part of it) unenforceable or invalid then such part shall be deemed deleted and the rest of these Terms and Conditions shall continue to be in full force and effect to the fullest extent permissible by the applicable laws.

Amendment

We reserve the right to change any content on the Website including these Terms and Conditions, the Disclaimer, the Privacy Policy, the Seller’s Guide and the Barter Guide without any notice. The most recent version of these Terms and Conditions, the Privacy Policy, the Seller’s Guide and the Barter Guide will always be available on the Website and the version available at the time of your sale, purchase or barter transaction will be the version applicable to such transaction.

Notices

Any notices under these Terms and Conditions, the Privacy Policy, the Disclaimer, the Seller’s Guide and the Barter Guide may be delivered to you electronically and such notification shall be deemed valid.

All other communication may be sent electronically to us at care@nabay.com.

Governing Law and Jurisdiction

These Terms and Conditions apply to your use of the Website and are compliant with the applicable laws of the United Arab Emirates. By using the Website you expressly consent and agree to the governing law of the United Arab Emirates and jurisdiction of the courts of Dubai over the terms of use and any dispute over the content of the Website shall be subject to the jurisdiction of the courts in Dubai, United Arab Emirates irrespective of your geographical location.

In the event of a dispute between you and another User, you shall notify us before taking further action. We reserve the right to propose a settlement between you and the other User.

Termination

We reserve the right to cancel or block access to this Website in respect of any user(s) at any time without notice. We also reserve the right at any time, and for any reason to terminate this agreement in respect of any user(s) upon written notice by e-mail to your registered e-mail address.