Terms & Conditions

Terms and conditions

 

Thank you for visiting us. MAAK DMCC is a limited liability company incorporated pursuant to the laws of Dubai, United Arab Emirates (the Company). We provide DropDnD Website, Mobile Website and DropDnDs applications for mobile and tablet devices (individually and  collectively  the Digital Platform). Our Digital Platform provides you to meet and connect with buyers, sellers, and visitors and to obtain information pertaining to goods and/or services.

The following terms and conditions (the Terms) govern your use of the Digital Platform on which they are posted. For the purpose of the Terms and wherever the context so requires, the terms ‘user, 'you' and ‘your shall mean any natural or legal person who has agreed to become a buyer or a seller or uses the Digital Platform in any manner whatsoever including persons browsing the Digital Platform and its content, posting comments or any content or responding to any advertisements or content. 

By entering, executing using, downloading, commenting, saving, accessing or using the Digital Platform you will automatically be considered a user which requires the full acceptance of each and every provision included in this Terms, in the version published by at the time you access or use the Digital Platform. If you do not agree to these Terms, you may not access or otherwise use the Digital Platform (in case of applications, please uninstall the application from your mobile and/or table device).

In order to comply with prevailing regulations and for variety of other reasons, these Terms are subject to change at any time without prior notice. For these reasons, you should review these Terms from time to time. Your continued use of the Digital Platform following changes to Terms means that you agree, acknowledge and accept the revisions. The Digital Platform may also display necessary guidelines from time to time and these guidelines are also subject to change at any time without prior notice. For ease of reference, these Terms have and will continue to be maintained in English language.

The information in relation to treatment of your personal data is set out within the Privacy Policy page. The Digital Platform may be integrated with social media profiles such as FaceBook, Google and other popular social media sites or through text messages (sms), or emails. Each of these social media sites are independent entities with regard to the Company, with their own privacy policy established and managed by them.

About Digital Platform and Waiver of Responsibility


The Digital Platform by way of a social market place connects potential buyers and sellers of new as well as second-hand products. The Digital Platform is also available to those desiring to obtain services with those in need of such services. The Digital Platform and/or the Company (or; any of its representatives) have no ownership rights, or control of items displayed for sale, of items sold or purchased, or of items disputed. The sale process is executed solely and exclusively between the buyer(s) and seller(s) and further such sale process or sale transaction is not reviewed by Company or any of its representatives. Consequently, since Digital Platform and/or Company are not a party to transaction, the Digital Platform and/or Company shall not in any manner whatsoever be responsible (whether directly, or indirectly) for any disagreement, difference or dispute that may arise between the parties.

You acknowledge, agree, and accept that the responsibility to evaluate, and bear risks associated with, the use of Digital Platform (including without limitation each and all contents available thereon) lies solely and exclusively with you and that the Company shall not in any manner whatsoever be liable to any loss or damage of whatever kind.

Product and service information displayed on Digital Platform is entered, submitted and published by persons intending to sell or buy and Company cannot under any circumstances guarantee, vouch or confirm the quality of same, as well as the veracity and genuineness of the images, description, pricing, or comments or ratings published by members or visitors for any item displayed on the Digital Platform. For contents that you have posted, you agree, acknowledge and warrant that you are solely responsible for the content and that you have all necessary rights (including intellectual property rights), licenses, approvals, no-objections and permissions to make your content available on the Digital Platform.

Visitors to Digital Platform may use different features (whether these features are currently available or will be added in future) including chat, comment posting, reviewing individual user profile and product comparison. The Company does not endorse, support or approve any comments, ratings, opinions, advice or suggestion expressed by visitors and further specifically disclaims each and all liability connected therewith. Company respects and complies with all statutory and regulatory bodies and requirements including courts, dispute resolution bodies, the Digital Millennium Copyright Act (DMCA), as well as other international bodies. The Company reserves the exclusive right at its discretion to delete and remove content that is infringing, against applicable law(s), or is a copy of (or; infringes) others intellectual property rights with or without prior notice. The company reserves the right to delete the content or user (including user added profile information, photographs, comment or any content) at its sole and absolute discretion.

Proprietary Rights and Intellectual Property


You own ownership rights in the content (including videos, and images), information you submit on Digital Platform. However, you agree, acknowledge, and grant to Company an irrevocable, perpetual, global, non-exclusive, royalty-free, sub-licensable and transferable license to use, produce, distribute, share internally within Digital Platform or with third parties, prepare derivative works or copies, and display your content for promotion and redistribution of your content (whether in part or full) in any form whatsoever and whether existing or may be available in future.

As between you and Company, Company exclusively owns, all rights, title, benefits, and interests in the Digital Platform (including without limitation audio, images, photographs, videos, illustrations, text, graphics, logos, media, button icons, scripts and features (whether existing or when such features become available), software code, keywords, meta-description, meta-title, data and materials, codes and user database owned and/or uploaded by Company. All intellectual property including without limitation trademarks, logos, copyrights, patents, database rights, trade secrets, blogs an authorship and other intellectual property rights owned by the Company shall at all times be the sole and exclusive ownership of the Company. 


Access to Digital Platform


Your use of and access to Digital Platform is subject to a limited and non-exclusive, revocable license. This license however excludes website aggregators, data miners, robots, spiders, data collection and extracting tools or websites, websites that hyperlink to Digital Platform as may be permitted or agreed upon by Company from time to time. Unauthorized use of Digital Platform may result in – (a) immediate termination of any permission or license(s) granted pursuant to these terms; (b) legal action by Company or its appointed counsel who may take an action acting in the best interest of Digital Platform.


Use or access to certain functionalities of the Digital Platform may require you to register, either using your e-mail address or your social media account. In the event, you opt to register using a social network, you authorize Digital Platform and the Company to access and use certain information and variables depending on the privacy settings that you may have selected in the corresponding social network.


You agree to provide true, accurate, current, and complete information about you as may be prompted by the registration and/or login form on the Digital Platform.


Access to Digital Platform is also subject to the following terms:


1.1.         At the time of registration, you must provide full and accurate details before using the Digital Platform for any transaction. The Company reserves the sole and exclusive right to request any information or documents it may deem fit to authenticate and validate registration status of any user. The Company further reserves the sole right to reject, delete or remove any registration (including posted content in any form whatsoever) that does not meet the required criterion set out in these terms, in the guidelines or forms part of Digital Platform and the right to delete any material (whether in part or entirety) it may find inappropriate or violates the applicable law.


1.2.         Every user who has successfully registered on the Digital Platform and has agreed to these Terms, shall be deemed to be the authorized user of Digital Platform (the Authorized User). The Authorized User shall at all times ensure the following. Every Authorized User shall:


a.      be at least of 18 (eighteen) years of age and able to enter in to binding contracts (Company may contact Authorized User at any time requiring him/her/them to prove age using a photocopy of an identity card or equivalent. If the Authorized User(s) deny providing identification, the Company reserves the right to close user(s) profile and stop them from using the service or the Digital Platform);


b.      minors who have not attained the age of eighteen (18) years shall at all times use the Digital Platform under the supervision of their parent(s) or guardian;


c.       post content, images or items in appropriate category or area of the Digital Platform;


d.      the Authorized User shall at all times be the true and beneficial owner of item(s) it intends to sell and be ready and capable of engaging in trading the item(s) on the Digital Platform;


e.      not violate any applicable law or laws, third party rights and interests or Digital Platform’s Terms including without limitation Restricted and Prohibited Items Policy;


f.        not post any information, image, link, file or data of any sort whatsoever that is fake, obscene, discriminatory, threatening, false, misleading, defamatory or libelous, violates any law or is restricted by any applicable law;


g.      not Use the Digital Platform for ascertaining search engine optimization techniques adopted by Company for its own commercial or personal or learning purpose(s) or for a website, application or platform competing with Digital Platform including keywords, meta description, designs and layout included in the Digital Platform;


h.      not collect (or; attempt to collect) details of other Authorized users without the consent of the Company;


i.        not sell, assign or transfer their login details to any Person without the prior written consent of the Company; or


j.        not create multiple usernames (whether currently available or available for registration in future), distribute viruses, malware, Trojan, carry out denial of service or distributed denial of service attacks (DDOS), add/infect/distribute or otherwise code programs that may harm the Digital Platform or visitors or their systems; spam the Website or any webpages therein including, forums and boards, comments and related areas.



App Installation


The Company grants a limited, revocable, and non-exclusive license to use the DropDnD application available on iOS App Store, Google Play, and other stores (whether available currently or; in future). The installation of app may be free as per information displayed in the relevant application store.

Prior to actual installation and execution, you are required to accept requisite terms as may be imposed by relevant App Store. The Company reserves the right to request additional permissions in future (or; at any time) to carry out additional functionalities, actions, alterations, modifying designs or the source code. Failure to abide by these permissions may result in permission or uninstallation of the application. 


Limitation of Liability

              Every Visitor to the Digital Platform (including Authorized User and all others) do understand and hereby agree and acknowledge that:

        

i.                    The Digital Platform and the Company (individually as well as collectively) are not responsible nor liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any visitor, Authorized User,   or person(s) authorizing the Authorized User, in any manner whatsoever in connection with this Terms, marketing, advertisement, sale or for any liability of a visitor (including Authorized User, owner or person(s) authorizing Authorized User) to any third party.


ii.                  Each visitor including Authorized User, or Person authorizing the Authorized User and Unauthorized User shall in the event of any litigation ensure that it does not make Digital Platform, Company or Company’s management, Company’s employees a party to any claim, court filing, arbitration, dispute or mediation and do hereby fully release and discharge the Digital Platform, Company and Company’s management, Company’s employees from any and all claims (including past as well as future claims) including loss of reputation, loss of goodwill, loss of monies or any special, indirect or consequential damages arising directly or indirectly out of use or inability to use the Website, services and tools.


iii.                The Digital Platform shall not be responsible for any copyright or intellectual property infringement and data, material, images or content uploaded by a visitor is at its own risk.


iv.                 Digital Platform or Company do not guarantee continuous or secure access to its services, website, webpages, apps or tools, chat, forums and other features (whether currently available or; to be made available in future) on the Digital Platform. To the extent legally permitted, all implied warranties, and terms and conditions are hereby specifically excluded.


v.                   The information provided on the Digital Platform is for reference purposes only and cannot be treated as evidence for matters relating to court or arbitration disputes or for valuation purposes.


vi.                 No visitor or Authorized User shall without the prior written permission from Company, use the Digital Platform, logo, screenshots or content on any promotional materials such as business cards, flyers, labels, banners (whether online or physical store banners), websites, goods including supplies, garments, etc.


          General

        No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms.

        This Terms and the documents referred to in this Terms contain the whole agreement between the Parties relating to the transaction contemplated by this Terms and unless otherwise agreed in writing, supersede all previous agreements between the Parties relating to this transaction.

        Any notice or other communication to be given under this Terms shall be in writing and in the English language, and shall be delivered personally, or sent by courier or facsimile.  Any such notice shall be deemed given by fax or email as evidenced by transmission/sent receipt.

        You shall do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as may be required for the purpose of giving the Company the full benefit of the provisions of this Terms.

        No written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into this Terms.

        In case any provision in this Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

        The failure of a Party to insist in any one or more instances upon the strict performance of any of the provisions of this Terms or to take advantage of any of such party’s rights here under shall not be construed as a waiver of any of such provisions or the relinquishment of any such rights, which shall continue in full force and effect.

        This Terms shall be binding upon and shall accrue to the benefit of the Parties and their respective successors and permitted assigns (including where applicable successors in title).

                        Company shall have the right to assign or transfer this Terms or any part thereof in any share or interest therein and the Visitor hereby                         consents to such assignment or transfer.

Governing Law

The Terms shall be governed by the laws of Dubai, United Arab Emirates.

 

Last Updated (February 2017)