YallaBid Terms & Conditions
These terms and conditions, together with the Privacy Statement (the “Annexures”) form this Agreement.
This Agreement is a binding agreement between you and YallaBid (henceforth known as YallaBid and/or YallaBid.com). It also sets out some of the terms and conditions governing you selling and purchasing goods and services on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions or any of the Annexures then you should not accept them.
We will provide you with the Services only once you have accepted the terms and conditions of this Agreement by selecting the “I Agree To The Terms & Conditions” checkbox when registering with us.
By entering any and all personal information on this Site in the creation of an account, in registering with YallaBid, in making a sale or purchase, participating in an auction and/or by accepting this Agreement, you consent to the processing of your personal information by YallaBid.
1. Definitions
- “Agreement” means these terms and conditions, the YallaWallet User Agreement, Billing Statement, Rating Policy, Listing Policy and the Privacy Statement (the “Annexures”);
- “YallaBid Guidelines” means the guidelines issued by YallaBid from time to time governing the offering for sale and sale of, and the offering to purchase and purchase of, goods and services on this Site or platform;
- “YallaWallet” or “Wallet” means the payment service offered by YallaBid whereby YallaBid acts as an agent collecting funds from Buyers on behalf of Sellers;
- “Buyer” means a person, firm or company who makes a bid for, and/or purchases, any goods or services offered for sale on this Site;
- “Fixed Price Item” means an item in which a Buy Now Price has been specified for the relevant goods or services offered for sale by the Seller, and to which the item procedures as in Clause 6 (as applicable) apply, except that a bidder may at any time choose to purchase the relevant goods or services at the Buy Now Price;
- “Buy Now Price” means the price specified by the Seller for goods or services offered by the Seller for sale at a Fixed Price Item;
- “Confirmation Notice” means the notification set out in Clause 10.1;
- “Fees” means any charges which YallaBid charge as per the Billing Statement;
- “Total” means the “Item sales value” together with any shipping charges or “Total Order Payment”
- “Indemnified Party” means each of YallaBid, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of YallaBid, and each of their respective officers, employees, contractors, consultants and agents from time to time;
- “Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighboring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
- “Item sales value” means the total value of all items included in an order together with any other additional options selected on such items during checkout, excluding shipping charges or duties.
- “Listings” means the offering for sale, placing of or creating of any type of auction or buy now on this Site;
- “Personal information” or “Your information” means “Personal information”, “your information” or “information” are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Site including, but not limited to:
- Your registration details including your username, full name, physical address, billing address, email address, mobile & telephone numbers;
- Your credit card details or any other financial information;
- Unique identifiers including your company name and VAT number;
- The information that we learn about you as a result of your use of this Site, including without limitation, through the goods and services you post on this Site if you are a Seller and the goods and services you bid for and/or acquire if you are a Buyer;
- The information obtained from you in confirmation of your identity, address and contact information for security and verification reasons;
- “Seller” means a person, firm, company or entity who offers for sale, or sells goods or services on this Site or platform
- “Services” means the online Auction & Fixed Price services provided by YallaBid by which a person, firm or company may sell or buy goods or services on this Site;
- “Site”, “Website” or “Platform” means the Internet website by which YallaBid offers the Services from time to time, currently www.yallabid.com
- “Standard Auction” means an auction to which the auction procedures in Clause 6 (as applicable) apply;
- “Trade” or “Trading” means any form of listing on the Site, including but not limited to, Standard & Reserve Auctions & Fixed Price Items
- “Total order payment” means the cumulative total of all payments made and allocated to an order excluding any payments that have been reversed from such orders.
- “User” or “users” for the purposes of Clauses 12 and 13, means any Buyer or Seller, or someone who is otherwise using the Site;
- “VAT” means any value added tax, or other consumption tax;
- “We”, “us”, “our”, “ourselves” and “YallaBid” are used interchangeably in this Agreement and all mean YallaBid;
- “You” or “your” means you, whether as a Buyer and/or you as a Seller, as the case requires, or otherwise, and your successors and permitted assigns;
2. Listing Terms And Conditions
1. Trading On This Site
1.1 As we are not involved in any sale and purchase of any goods and services on this Site, save for providing a venue for an auction of goods and services, and as described in Clauses 10.1 and 10.3, you hereby agree and acknowledge that we:
1.1.1. are not, nor do we represent or hold ourselves out as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods offered for sale and/or sold on this Site;
1.1.2. have absolutely no control over, nor do we represent or hold out that we have any control over any one or more of the circumstances described in Clause 4.6
1.1.3. have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this Site are legally able to be sold.
1.1.4. cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this Site will be accurate;
1.1.5. have absolutely no control over, nor do we represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods or services auctioned on this Site;
1.1.6. cannot and do not control, nor do we represent or hold out that a Buyer will pay for the goods and services that he/she has successfully bid for in an auction on this Site;
1.1.7. cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller
1.1.8. cannot and do not represent nor hold out that we can confirm that each Buyer and Seller is who they claim to be;
1.1.9. cannot and do not represent or hold out that we can exercise any practical control over what feedback, comments or rating scores will be provided about you pursuant to the Rating Systems Rules
1.1.10. cannot and do not, nor do we represent or hold out that we can or could, despite any credit checks we may have undertaken pursuant to Clause 10.3, confirm any matters relating to any credit card details supplied to us by a Buyer or Seller (as the case may be) under this Agreement, including without limitation, that the:
1.1.10.1. credit card details of any Buyer or Seller (as the case may be) are correct;
1.1.10.2. credit limit has not been exceeded;
1.1.10.3. credit card has not been reported stolen;
1.1.10.4. Buyer or Seller is entitled to authorized use of the credit card; or
1.1.10.5. credit card is otherwise being lawfully used;
1.1.11. will not become involved in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement, we do however reserve the right at our sole discretion to mediate between two parties should the conduct of either party impact on the reputation and or image of our business.
1.1.12. We do not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the goods on the site for auction, the acceptance of such offer nor the acceptance of the bid by the seller.
1.2. Should you as the Seller or Buyer obtain any personal information pertaining to a Buyer or Seller, as the case may be, for any or all purposes listed in clause 13.4.1 of this Agreement, you hereby represent and warrant to us, the Seller or Buyer, as the case may be:
1.2.1. that you will respect the privacy of the Buyer or Seller and fulfill any other obligations in terms of clause 13.4.2 of this Agreement; and
1.2.2. that you will comply with all applicable laws in the United Arab Emirates, insofar as it applies, in processing any and all personal information pertaining to such persons whether obtained from YallaBid, the Seller or Buyer themselves.
1.3. In trading on this site, you agree and acknowledge that we cannot and do not, nor do we represent or hold out that we can or could control:
1.3.1. how the Seller or Buyer processes your personal information;
1.3.2. whether the Seller or Buyer processes your personal information in accordance with laws applicable in the United Arab Emirates insofar as the laws apply; and/or
1.3.3. where or to whom your personal information is transferred by the Seller or Buyer during or after the sale or purchase of any goods on this Site by yourself.
1.4. In trading on this site and agreeing to and acknowledging the contents of clause 1.3 above, you further agree to and acknowledge that during or upon completion of the sale and purchase of goods and services and/or an auction, YallaBid is no longer responsible for or liable in respect of:
1.4.1. any personal information that may be exchanged between the Buyer and the Seller for any or all of the purposes stipulated in clause 13.4.1 of this Agreement;
1.4.2. any personal information that may be provided to the Seller with the Buyer’s authorisation in terms of this Agreement or vice versa;
1.4.3. the manner in which such personal information is processed subsequent to such an exchange between the Buyer and Seller
1.4.4. a failure on the part of the Seller or Buyer as the case may be, to process such personal information in accordance with applicable laws of the United Arab Emirates
1.4.5. the transfer of any information by the Seller or Buyer to a third party.
2. Provision of Services
2.1. We will provide you with the Services.
2.2. We will provide you with a username and password in order to login as required.
2.3. We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
2.4. You agree to provide all necessary equipment, network connections and software to access this Site.
2.5. You agree that YallaBid may restrict and/or terminate its services to you at any point in time if YallaBid, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
3. Fees
3.1. Registering, bidding on, buying and creating items on this Site do not attract a fee.
3.2. Selling on YallaBid will incur Seller Final Fee charges to your YallaBid or YallaWallet Account. It is a condition of using the Services that you agree to this and the fee structure, billing and credit rules as described in the Billing Statement. If you do not agree to this condition, then please do not accept these terms and conditions.
3.3. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
3.4. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Site.
3.5. We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
3.6. Unless otherwise stated, all fees are quoted in United Arab Emirates Dirham (AED, Dhs or د.إ.) and are exclusive of VAT.
3.7. Users are given the right to sell items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of YallaBid; we reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
3.8. YallaBid reserves the right to charge a AED500 administration fee to re-activate restricted, disabled or blacklisted accounts.
4. Seller
4.1. Subject to this Clause 4 and Clause 9, you may post the goods and services that you wish to offer for sale on the Site.
4.2. You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.
4.3. In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 4.2, we may prevent you from participating in any auction on this Site, or using the Services.
4.4. If you do so, you agree and warrant to the Buyer of those goods and services and separately to us that:
4.4.1. your information:
4.4.1.1. is accurate and not false, misleading, deceptive or fraudulent
4.4.1.2. does not breach any Intellectual Property Rights of a third party;
4.4.1.3. is made in compliance with all applicable laws, government regulations or guidelines;
4.4.1.4. is not forged, threatening or offensive or otherwise constitutes harassment;
4.4.1.5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
4.4.1.6. does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
4.4.1.7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
4.4.1.8. does not contain profanity, blasphemy, pornography or any other obscene or offensive material;
4.4.2. you are the legal owner of the goods and services you are offering for sale on this Site and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;
4.4.3. you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Site;
4.4.4. you will adhere to the Listing Policy.
4.5. You represent and warrant to us and to the Buyer separately that your information will be kept up to date and that you will edit your account/profile and any other information accordingly. These changes may be effected as described in clause 16.15.
4.6. In addition to Clause 4.4 and Clause 4.5, you represent and warrant to us and separately to the successful Buyer that:
4.6.1. the goods and services you offer for sale and sell, on this Site:
4.6.1.1. are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and
4.6.1.2. correspond with the description that you have posted on this Site; and
4.6.1.3. if sold in bulk, will correspond with any samples; and
4.6.1.4. are not defective; and
4.6.1.5. are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;
4.6.2. the services you offer for sale, and sell, on this Site:
4.6.2.1. will be rendered with due care and skill; and
4.6.2.2. any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and
4.6.2.3. if the Buyer has made it known to you the particular purpose for which the services are required or the result the Buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;
4.6.3. the goods and/or services you offer for sale, and sell on this Site:
4.6.3.1. will be offered for sale, and sold, in compliance with the laws of the United Arab Emirates
4.6.3.2. are legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.
4.7. The Seller may set a reserve price, or minimum price for the goods and services, but that reserve price or minimum price, as the case may be, must not be set out in the information provided about the goods or services to which that reserve price or minimum price, whichever is applicable, applies, or otherwise disclosed to any person at any time.
4.8. In the information provided about the goods or services the Seller offers for sale, or sells on this Site, the Seller must set out the terms and conditions for sale of those goods or services, including the following:
4.8.1. whether the auction is a Standard Auction, Fixed Price Item, or a combination of any of the preceding auctions;
4.8.2. in the case of a Fixed Price Item, a Price for the item,
4.8.3. date and time of opening, and closing, of the auction;
4.8.4. terms of delivery;
4.8.5. returns policy;
4.8.6. taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the Buyer; and
4.8.7. unless stated to the contrary, any value will be construed to refer to United Arab Emirates Dirhams;
4.8.8. that both Fixed Price and Auction selling prices will be considered to include VAT;
4.8.9. and the Seller agrees that such terms and conditions will include any matters prescribed by us under this Agreement including the matters set out in Clauses 10.2.2, 10.2.4, and 10.4, as well as any matter specified in the YallaBid Guidelines.
4.9. the payment-processing fee on all payments conducted through Credit Card are, at current moment, included in the success fee. Any fees due will be deducted directly from the amount collected from the Buyer on behalf of the Seller.
4.10. you are not protected against a subsequent reversal of the transaction. In the event that the sender's transaction is reversed for any reason you will owe YallaBid for the amount of the reversed transaction plus any fees imposed on YallaBid as a result of the reversal.
5. Buyer
5.1. You agree and warrant to each Seller and separately to us that:
5.1.1. your information:
5.1.1.1. is accurate and not false, misleading, deceptive or fraudulent;
5.1.1.2. does not breach any Intellectual Property Rights of a third party;
5.1.1.3. is made in compliance with all applicable laws, government regulations or guidelines;
5.1.1.4. is not forged, threatening or offensive or otherwise constitutes harassment;
5.1.1.5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
5.1.1.6. does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
5.1.1.7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
5.1.1.8. your information will be kept up to date and that you will edit your account/profile and any other information accordingly. These changes may be effected as described in clause 16.15.
5.1.2. you have the legal capacity to purchase any goods or services that you bid for, and, will not otherwise be breaching any law in purchasing those goods or services;
5.1.3. you will not bid for any goods or services on this Site unless you are able, and have sufficient, available capacity to pay for those goods or services;
5.1.4. the purchase of any goods and/or services on this Site is absolutely at your own risk;
5.1.5. to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller's dealings in connection with the goods and services that you may purchase from the Seller on this Site; and
6. Conduct of Auction
6.1. The rules for conducting auctions on this Site are as follows:
6.1.1. you must not engage in bid manipulation to unfairly induce any other person to make bids and/or manipulate the bid price;
6.1.2. no bids below the stated minimum price (if there is one) will be accepted;
6.1.3. if the highest bid does not reach the reserve price (if there is one), then no bid will be regarded as having been successful;
6.1.4. a Buyer must, if so requested, provide credit card details to us immediately before your first bid, if the Buyer has not already done so pursuant to Clause 8;
6.1.5. after the close of an auction all bids are final and not retractable by the Buyer and a Buyer shall be deemed to be the successful bidder in the following order:
6.1.5.1. in the case where the seller closes the auction early if satisfied with the current winning bid;
6.1.5.2. in the case of a Fixed Price Item, the first bidder who placed a bid at the Fixed Price;
6.1.5.3. the Buyer who placed the highest bid;
6.1.6. if the Buyer is a successful bidder as determined by Clause 6.1.5, and that bid is accepted, or deemed to be accepted, by the Seller, the Buyer must complete the purchase of the goods or services, save in exceptional circumstances such as the following:
6.1.6.1. the description of the goods or services is materially altered following the commencement of bidding; or
6.1.6.2. the Buyer is unable to authenticate the identity of the Seller; or
6.1.6.3. the Seller fails to deliver the goods or services (or fails to procure delivery thereof, as required) to the Buyer, by the date agreed by the Seller and Buyer in Clause 10.2.5; and
6.1.7. Bid deletion by a seller is not permitted without a valid reason or without the permission of YallaBid
6.1.8. if a Seller receives a bid equal to or above the stated minimum price, or if it is a reserve auction, the reserve price, they must accept that bid or highest bid (if there is more than one bid) and complete the sale of the goods or services to that Buyer save in exceptional circumstances such as the following:
6.1.8.1. the Buyer fails to complete the purchase of the goods or services (for example, the Buyer fails to pay for the goods or services); or
6.1.8.2. the Seller is unable to authenticate the identity of the Buyer or the creditworthiness of the Buyer and the Buyer's ability to pay for the goods or services.
7. Ratings, Comments and Feedback
7.1. It is a condition of using the Services that you agree that feedback, comments and ratings scores may be provided about you as described in the Rating Policy. If you do not agree to this condition, then please do not accept these terms and conditions.
7.2. Ratings that are given to each other by users should be done as is set out in the Rating Policy of this Agreement.
7.3. If you believe a statement made about you pursuant to Clause 7.1 is untrue, misleading or deceptive or defamatory (“Questionable Statement”), please contact our customer service department and we will conduct an investigation. As a result of an investigation, we may (although we are not obliged to) remove the Questionable Statement. Whether or not we conduct an investigation, and irrespective of whether we remove the Questionable Statement, and even if we do not conduct an investigation, because you do not contact us or for any other reason, you hereby release us and forego any rights you may have had against us in relation to the Questionable Statement or any statement made about you pursuant to the Rating System Rules and agree that you will not make any claims or demands, or take any action, issue or maintain any proceedings or suits against us in relation to the Questionable Statement or any statement made about you pursuant to the Rating Policy or otherwise, in connection with this Site, or your use of this Site.
7.4. The decision to hold an inquiry or not is entirely within our discretion and we will not be obliged in any way to entertain any representations in this regard.
8. Payment Details – Buyer
8.1. In addition to Clause 6.1.4, we may request you to provide your valid and current credit card or bank account details to us at any time, whether before or after the bidding commences in respect of any goods or services, or at any time whatsoever.
8.2. In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 6.1.4 or 8.1, we may prevent you from participating in any auction in respect of any goods or services, or using the Services unless and until you provide those credit card details to us.
8.3. By initiating and sending payment through Credit Card you acknowledge that YallaBid may obtain the funds by charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and YallaBid holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
8.4. In providing us with the information specified in clause 6.1.4, clause 8.1 or clause 8.3 above, you consent to the processing and/or further processing of such personal information by YallaBid in accordance with applicable laws of the United Arab Emirates.
8.5. In making use of the YallaBid Credit Card service you also acknowledge that (i) YallaBid is not a bank and the Service is a payment processing service rather than a banking service, and (ii) YallaBid is not acting as a trustee, fiduciary or escrow with respect to your funds.
9. YallaBid Discretion
9.1. We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered for sale by you, or a bid placed by you, if:
9.1.1. that information and/or those goods or services, as applicable;
9.1.1.1. infringe or is suspected of infringing the Intellectual Property Rights of any person (other than the Seller in question); or
9.1.1.2. may create any liability for us whatsoever;
9.1.2. in relation to the goods and services set out in Clause 4.6, if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those goods and/or services;
9.1.3. you have not complied with Clause 3.2 or Clause 4.2;
9.1.4. in relation to a bid, we reasonably believe that bid is not a legitimate, or commercially realistic bid for the goods and/or services;
9.1.5. it is otherwise in our commercial interests to do so;
9.1.6. we are required by law to do so;
9.1.7. you breach any provision of this Agreement; or
9.1.8. for any other reason whatsoever,
9.1.9. and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this Clause 9, are hereby waived.
10. Completion of Sale and Purchase of Goods or Services
10.1. We will notify the Seller and the successful Buyer of the successful sale (if any) of any goods or services by automated email when an auction closes.
10.2. Following receipt of the Confirmation Notice the Seller and the successful Buyer will be solely responsible for the following matters, including, but not limited to
10.2.1. implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;
10.2.2. ensuring they comply with the laws applicable in the jurisdiction in which the Buyer and Seller are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase as well as the formalities required in terms of the laws of the United Arab Emirates) and, if the Buyer and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Buyer and Seller will be Dubai, the United Arab Emirates;
10.2.3. arranging for payment of the goods or services;
10.2.4. arranging any insurance (if any) in respect of the goods or services;
10.2.5. as applicable, agreeing a date for delivery of the goods or services; and
10.2.6. payment of all applicable taxes, duties and costs (including, without limitation, VAT or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the goods and services.
10.3. Each Buyer agrees that we, or our nominated agent, may undertake any necessary credit checks on that Buyer's credit card and authorise us to provide those credit card details to the Seller in the relevant Confirmation Notice where such information was required and specified by the Seller under Clause 4.8.
10.4. We have no involvement in the sale and purchase of any goods and services other than providing a venue for an auction and as described in Clauses 10.1 and 10.3 so we will never accept returns of any goods and services purchased on this Site as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.
11. YallaBid may Change These Terms and Conditions
11.1. We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective forthwith.
11.2. By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 11. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance with Clause 11.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
12. Compliance with These Terms and Conditions
12.1. You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
12.2. You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
12.2.1. doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
12.2.2. the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or
12.2.3. we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
12.3. If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
12.4. If you:
12.4.1. infringe or are suspected of infringing the Intellectual Property Rights of any other person;
12.4.2. are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
12.4.3. have an over due payment on your YallaBid Account; or
12.4.4. otherwise breach this Agreement, we may, in our absolute discretion:
12.4.4.1. withhold from you, your use of any or all of the Services;
12.4.4.2. delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
12.4.4.3. restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
12.4.4.4. terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
13. Use of Site
13.1. In using this Site, you must not:
13.1.1. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
13.1.2. alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
13.1.3. impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
13.1.4. offer, sell, export, bid for, or import any Prohibited Goods and Services;
13.1.5. offer, sell, export, bid for, or import any goods and services if this breaches any law applicable to you; and
13.1.6. engage in any practice or conduct that is unlawful under any laws applicable to you;
13.1.7. copy, modify, or distribute rights or content from our sites, services or tools or YallaBid's copyrights and trademarks;
13.1.8. harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on YallaBid without the express permission of YallaBid;
13.2. Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.
13.3. The information and material contained on this Site is in accordance with the laws of the United Arab Emirates for use in the United Arab Emirates only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the United Arab Emirates. If you choose to access this Site from outside the United Arab Emirates, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
13.4. Using information about other YallaBid users –
13.4.1. You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, applicable laws of the United Arab Emirates and other data protection laws) and only for:
13.4.1.1. YallaBid-transaction-related purposes that are not unsolicited commercial communications;
13.4.1.2. using services offered through YallaBid; and
13.4.1.3. other purposes a user expressly agrees to.
13.4.2. You agree to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
14.1. You represent and warrant to us:
14.1.1. if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
14.1.2. if you are a juristic entity
14.1.2.1. that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and
14.1.2.2. entering into this Agreement does not violate your Constitution; and
14.1.2.3. you have the power and have taken all corporate and other action required to enter into this Agreement and to authorize entering into this Agreement and performing your obligations under this Agreement.
14.2. Transactions in case of a minor
14.2.1. If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of YallaBid, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
14.2.2. If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and YallaBid and any of its parent companies.
14.2.3. We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should YallaBid, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.
14.2.4. To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
15. Licence of, and Use of, your Information
15.1. You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.
15.2. Subject to Clause 15.1, we agree to use your information only in accordance with the Privacy Statement below. If you do not agree with the terms of the Privacy Statement, please do not accept these terms and conditions.
16. Privacy Statement
This privacy statement discloses the privacy practices for the YallaBid platform.
We have agreed to notify