Terms of (Use & Sale)

Introduction

Welcome to iWady.com. The website available at www.iWady.com its related sub-domains, sites, services and tools (Site) is operated and administered by DCrush LLC ("we", "us", "our"), a company incorporated inDubai,United Arab Emirates.

These terms (Terms of Use & Sale) set out the relationship between us and you ("you", "your") and the terms on which we provide the Site (Part A), the terms on which products are sold via the Site (Part B) and general terms applicable to your use of the Site and purchase of products (Part C). You may not use this Site, and you may not proceed to purchase a product on this Site, if you do not agree to these Terms of Use & Sale.

These Terms of Use & Sale are effective from 01 January 2014. We may change these Terms of Use & Sale at any time by posting an updated version of these Terms of Use & Sale on this Site. We encourage you to check this Site regularly for any amendments to our Terms of Use & Sale and to read these Terms of Use & Sale carefully each time you purchase a Product on this Site. Your continued use of this Site will constitute your express consent to these Terms of Use & Sale.


PART [A] TERMS OF USE

Eligibility for registering an account or purchasing products through this Site

You may register an account with this Site or purchase products through this Site only if you:

  • are 21 years of age or older (you may not register or make purchases if you are not competent to contract under the applicable laws of your country of residence and/or the place from where you are making your purchase. If you are a minor (i.e. under the age of 21 years but at least 13 years of age), you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use and Sale. If you are under the age of 21 years, your parents or legal guardians can transact on behalf of you if they are Users. Parents or guardians who are transacting on behalf of minors are strictly prohibited from purchasing any product which is for adult consumption);
  • your membership has not previously been withdrawn or suspended by us;
  • if you are registering as a business entity, you represent that you have the authority to bind that entity to these Terms of Use & Sale;
  • If you are registering on behalf of another person, you represent that you have the authority to bind that person to these Terms of Use & Sale.

Without affecting any other rights and remedies we may have, we reserve the right to suspend, limit or withdraw access to this Site or any User account registration or cancel any order if we believe that you are in breach of any of the above.

Services and fees

This Site is an online platform allowing for the display and sale of products by Sellers, the purchase of products by Users and all related services (Services). For the purposes of these Terms of Use & Sale, "Sellers" are third party sellers of products who are registered with this Site and who can thereby sell their products by using the online transactional capabilities provided by this Site and "Users" are all individuals or organisations who browse or register with this Site or otherwise use transaction capabilities provided by this Site to purchase products from Sellers.

When a User makes a purchase from a Seller, our responsibility is to place the User's order with the Seller and process the payment. We are not involved in the sale or purchase of the products listed on this Site. We are an intermediary between the Sellers and the Users and not a party to the sales agreement entered into between the User and the Seller.

Users will not be charged by us for registering an account, browsing through, posting content or buying products from the Sellers on this Site. Users will be responsible for paying the price of the products they purchase (including any tax on the purchase price and any import/export duties), restocking Fees, delivery and return costs.

Seller will be charged by us for transaction fees, Commission and payment possessing Fees when their product (item) is successfully sold on this Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items.

We will deduct all from seller all fees due after a successful sale and in the case that a user does not complete the transaction; the seller may seek a refund of the relevant transaction fees from us.

Before you list an item for sale through this Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on this Site.

We may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on this Site.

Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to us (and any applicable taxes or charges) within 30 days of the date of any invoice to you from us with a valid payment method as set out in our Fees & Credit Policy.

In case of non-payment of fees and/or any applicable taxes and charges by you to us, without prejudice to any other rights and remedies of us under this terms or at law, we without liability reserves the right to:

  • Issue you with a warning regarding the non-payment in question.
  • Temporarily or indefinitely suspend, limit or withdraw your access to this Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of us issuing a warning to you.
  • We also reserve the right to take any necessary steps including legal action in case of non-payment of fees by you to us.

For accounts over 30 days past due, deduct the amount owed from your account balance (and you acknowledge and agree to us doing so in these circumstances) and confirm the same to you by email.

  • Deduct from your account balance.
  • Invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time). or
  • Take any steps we considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.

Account Registration and Obligations

You do not need to register an account to see the content available on this Site. You need to register an account if you wish to purchase products or take advantage of other features on this Site from time to time.

In order to register on this Site, you are required to provide certain information on the registration form and register a username and password for use on this Site. This information will be handled in accordance with our Privacy Policy.

Once you register on this site, you agree that:

You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.

You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will us be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse us for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to this Site, services or otherwise by using your designated username and password, whether or not you authorised such access.

You will provide true, accurate, current and complete information about yourself as prompted by this Site's registration form (the "Registration Data").

You will treat any other user's information provided to you (in accordance with these terms of Use & Sale on this Site) by us or any other user as confidential.

You will 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 if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these terms, without prejudice to any other rights and remedies of us under this User Agreement or at law, we have the right to indefinitely suspend, limit or withdraw your access to this Site and/or your membership of this Site.

We may (in our sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to us upon such requests. You acknowledge and agree that if you do not, we without liability may limit, suspend or withdraw your access to this Site and/or your membership of this Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

You remember to keep your password confidential and do not share it with third parties. This is your responsibility.

We reserve the right to decline a new registration or remove your account name or ask you to amend it if we consider it to be inappropriate (including if we consider the account name is intended to be used to commit or promote fraudulent activity or if we consider it to be unacceptable for any other reason).

Code of Conduct

When using this Site you agree to comply with the code of conduct set out below (Code of Conduct):

  • You can only create an account for yourself, unless you have the permission to register on behalf of another person or organisation. You may not use another person's account at any time, without express permission of the account holder.
  • You will provide only true, accurate, current and complete information about yourself as prompted by our registration form. If you become aware of any errors relating to your personal information held by us, you should amend your account information online to the extent possible. If you have any difficulty in amending your account information, please call or email us for assistance.
  • You are responsible for maintaining the confidentiality of your password, and restricting access to and use of your account, and accept responsibility for all activities that occur under your account.
  • You agree to immediately notify us of any unauthorised use of your account and password.
  • We try to keep all information on this site up to date, but it may not be correct all of the time. You should independently check the information you use is correct and you use this Site at your own risk. If you find any incorrect information, you can notify us by calling or emailing us.
  • You may not use this Site for a purpose other than which we have created this Site to be used.
  • You may not conduct or promote any illegal activities while using this Site. This includes any activities that are in breach of copyright, privacy or any other third party rights as well as activities that are defamatory to third persons.
  • You may not use this Site to generate unsolicited emails, spam or promotional materials to other Users.
  • You must not do anything to cause damage to this Site, other Users or the Sellers, including any technical damage to the other computers.

Electronic communication

You agree that we can contact you from time to time, by email or otherwise, in relation to our operation of this Site, including any amendments to these Terms of Use & Sale and other policies.

We, our partners and affiliates may also send you promotional emails. We require your consent during the registration process to send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating communication preference setting for your account or by calling or emailing us or by following the link (if any) at the end of any promotional email to unsubscribe.

Use of this Site

While using this Site, you will not:

  • Post Information or content or list items in an inappropriate category or areas on our Site;
  • Post items you do not have a right to link to or include;
  • Post items that are concurrently listed for sale on a website other than this Site;
  • Post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
  • post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
  • Post counterfeit or stolen items;
  • Post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
  • Post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
  • Post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  • Post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
  • post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
  • Post Information or content or list items which may (in our sole discretion) threaten national security;
  • Post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
  • Use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting users to a listing);
  • Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you order, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • Fail to deliver items purchased from you, unless the user fails to meet the posted terms, or you cannot authenticate the user's identity;
  • Attempt to conclude transactions relating to an offer for sale on this Site outside of this Site;
  • Use contacts made by buying or selling on this Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
  • Claim an item was not sold when in our sole discretion the item was sold in accordance with these terms of Use & Sale and this Site's policies;
  • Manipulate or attempt to manipulate this Site in any way including the prices of any item or services on this Site (either alone or in conjunction with other users);
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to us;
  • take any action that may undermine this Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off this Site or use of such information for purposes unrelated to us);
  • Transfer your Site account (including feedback) and username to another party without our consent;
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm this Site, or the interests or property of this Site's users;
  • Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Interfere or attempt to interfere with the proper working of this Site;
  • Attempt to take over another user's account or carry out any hacking or phishing of this Site or user accounts and related features;
  • Export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
  • Copy, modify, or distribute any content from this Site or otherwise infringe this Site's copyright material and/or trademarks in any way;
  • Violate any laws, rules, regulations, guidelines, third party rights or our policies;
  • Abuse our Shipping Policy, payment Policy, Listing Policy, or any of our other policies or terms of use &Saleposted on this Site from time to time;
  • Directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
    • Securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
    • living or 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;
    • Weapons of any description;
    • Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
    • 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;
    • Antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
    • Used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
    • items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user's interest or health;
    • Any items identical to other items you have up for sale but which are priced lower than your other items' price;
    • Fresh food;
    • Non-transferable vouchers; and chemicals.

You undertake, represent and warrant that:

  • You are 18 years of age or over the age of 18 years;
  • If you are a corporate representative, you have authority to bind the corporate entity;
  • you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on this Site and you have complete right, title and authority to deal in and offer for sale such items;
  • You will inform us of any postings, items or transactions which appear to be in violation of these term of use &Sale;
  • You shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of this Site;
  • Information you provide on this Site in respect of items you wish to sell shall be as accurate as reasonably possible;
  • you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on this Site including the feedback area, discussion forum or through any e-mail feature of this Site intended to bypass use of this Site;
  • You will not use contact information provided to you during the course of a transaction on this Site to solicit additional sales offline or on another website;
  • You will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and
  • You will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

Content

Content includes all the information and materials that you have access to in this Site. It also includes information and materials posted to this Site by you, such as but not limited to product/item listing, the reviews on certain products and commenting on notice boards available on any Merchant's dedicated area on this Site (Webstore). 

You acknowledge that if you post content or provide information on this Site then such content and information will be accessible to the general public, including persons who are not signed in to use this Site and the public will be able to associate and attribute such content or information to you.

In relation to the content in this Site, including the content posted by you, you agree to comply with the section on intellectual property rights below.

You must not post any content which:

  • is calculated to incite hatred against any ethnic, religious or any other minority or to adversely affect any individual, group or ethnicity;
  • you know to be false or inaccurate;
  • criticises the Head of State or Rulers of the Emirates;
  • involves instigation against Islam or the system of ruling, or if it causes harm to the interest of the state or the values of society;
  • violates public discipline and order, or involves insult to children, or calls for or circulates subversive ideas;
  • instigates criminal activity or incites hatred or provokes action of dissension among individuals of society
  • contains confidential official or military communications, or includes conventions or treaties the government holds before they are published in the official gazette;
  • comprises minutes of meetings, deliberations or court hearings that are published in bad faith, misinterpreted or distorted;
  • blemishes the president of an Arab, Islamic or any other friendly state;
  • causes or could cause agitation to relations between the UAE and other Arab, Islamic and friendly countries;
  • defames Arabs and their civilisation or heritage;
  • contains news on an ongoing criminal investigation;
  • contains news, pictures or comments about an individuals' private life that is meant to disgrace such individuals;
  • discloses any secret that may cause harm to the reputation of someone, or his property, his commercial name, or is meant to coerce somebody into paying some money or render a benefit to someone else, or the like;
  • contains any false news about someone;
  • contains news that could cause harm to the national currency or damage to the national economy;
  • includes any phrases, expressions or pictures that are inconsistent with public conduct, or otherwise mislead the public;
  • includes advertisements for medicines or pharmaceutical preparations;
  • maligns a public official or anybody occupying a post in the public prosecution or assigned to perform a public job;
  • incorporates reportage involving more than one person unless it covers points of views of all parties involved in that reportage;
  • is otherwise unlawful, defamatory, discriminatory, pornographic, obscene, abusive, threatening, harassing or encourages conduct that would be considered a criminal offence; or
  • Could damage us and/or our partners and affiliates.

We can take down or amend any content posted by you at any time if it does not comply with these Terms of Use & Sale (including the terms on intellectual property rights), our policies (including Privacy Policy) or if we consider it inappropriate, unsuitable or if it is necessary to comply with the law. 

If you think another User has posted content that they do not own or have the right to post or breaches these Terms of Use & Sale or our other policies in any other way, please call or email us to make a complaint.

Intellectual property rights

All intellectual property rights in this Site (including all applicable copyright, trade marks and other proprietary rights) whether registered or unregistered shall remain our property or that of our licensors, except for content posted on this Site by you. We are not granting to you any licences under any of those intellectual property rights by virtue of these Terms of Use & Sale
You retain intellectual property rights in any copyrighted content and trade marks that are contained in the content posted by you. You represent that you own or have the necessary licenses, rights, permissions and consents to use and authorise us to use all content submitted by you to this Site.

By submitting content on this Site, you agree to grant us and the Users and Sellers a non-exclusive, royalty-free worldwide licence to access the content you submit through this Site, and to use, reproduce, make derivative works of, translate, distribute, publicly display and perform such content, as well as to make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights under any and all of the intellectual property rights you hold in the content.

You also agree that you will not submit content that is subject to copyright or third party proprietary rights including privacy, publicity, etc unless you are the owner of such rights or have the appropriate permission to specifically submit such content.

Please report problems of any kind or violations of these terms of Use & Sale to us. If you believe that your intellectual property rights have been violated, please notify us. Without prejudice to any other rights and remedies of us under these terms of Use & Sale or at law, we may limit, suspend or withdraw a user's access to this Site and/or a user's membership of this Site or remove hosted content. Also we can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with these terms of Use & Sale or our policies.

Links to third party sites

This Site may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and we do not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.

Suspending and terminating your account

We may suspend or terminate your account and use of this Site if:

  • you breach these Terms of Use & Sale or the terms of any of our policies;
  • we suspect on reasonable grounds that you might commit a breach of these Terms of Use & Sale;
  • you engage in any activity that is against the law;
  • you do anything that adversely affects our business or reputation;
  • we consider that you are disrupting, disturbing or interrupting the operation of this Site in any way;
  • we consider that you are a fraud risk, are using multiple accounts, using proxy internet protocol addresses to hide the use of multiple accounts; or
  • We consider it is necessary, for any reason, to protect us or our Users.

You can deregister your account and stop using this Site at any time. We will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If we elect at our discretion to permanently delete all your content after you have deregistered your account or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and we shall have no liability or responsibility for this.

If your account is terminated by us for any reason (including breach of these Terms of Use & Sale), we may also elect at our discretion to permanently delete all your content. It will not be able to be recovered or accessed again and we shall have no liability or responsibility for this.

Subject to the above, upon termination each party keeps any rights they may have prior to termination.


PART [B] TERMS OF SALE

Ordering a product

We are an intermediary between the Sellers and the Users. By placing an order for a product with a Seller, you make an offer to the Seller to purchase that product. Therefore the products advertised on this Site are invitations for you to make offers to the Sellers to purchase those products; they do not constitute offers to sell by us or the Sellers.

We are not a manufacturer or supplier of goods. We therefore do not keep goods that are advertised on this Site in stock. The services we provide are limited to those Services defined in Part A above. When you purchase a product by using this Site, our responsibility is to place your order with the Seller and process your payment. We are not otherwise involved in the sale or purchase of products listed on this Site.

Once you place your order, you will receive a confirmation email from us of your order. It is at this point that the total price of your order (including purchase price of the products and any tax on the purchase price as well as delivery costs) will be charged to your credit or debit card. However, your offer to purchase a product will be deemed to be accepted by the Seller only if and when your product is dispatched by the Seller. It is at this point that the sales agreement between you and the Seller becomes binding. In the case of cash on delivery items, this means that you are contractually bound to accept and pay for goods when they are delivered to you.

For the avoidance of doubt, we are not a party to the sales agreement between you and the Seller, nor do we assume any responsibility arising out of or in connection with it. We are not the Seller's agent. It is solely the Seller who is responsible for the sale of the products and for dealing with any User claims.

If for any reason, your order or part of your order cannot be dispatched to you, this will mean that the sales agreement between you and the Seller did not become binding and the price of your order (or the undispatched part of your order) will be refunded to you. Please refer to our General Return Policy for more details.

It is your responsibility to keep track of the status of your order.

Commercial terms

As described above, we are only an intermediary between the Sellers and the Users. All commercial terms related to the products advertised and sold through this Site are agreed between the Sellers and the Users, except for those commercial terms that are specifically provided in these Terms of Use & Sale (such as the payment method and delivery). Commercial terms that are agreed exclusively between the Seller and the User include, without limitation, purchase price, warranties relating to the products and after-sales services.

In particular:

We are not responsible for any non-performance or breach of any contract entered into between users and/or Seller and does not transfer legal ownership of items from the seller to the User. The contract for sale of any item shall be a strictly bipartite contract between the seller and the User. At no time shall any right, title or interest over any item vest with us nor shall we have any obligations or liabilities in respect of such item or the contract between the user and seller.

We are not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.

We are not required to mediate or resolve any dispute or disagreement between users.

We have no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of users to pay for items.

We do not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items/products proposed to be sold or purchased on this Site. In particular, we do not implicitly or explicitly support or endorse the sale or purchase of any items on this Site, nor are we a supplier or manufacturer of any items sold by users or purchased by users.

We do not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.

This Site may include links to third party websites that are controlled by and maintained by others. We cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that we are not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on this Site.

If Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and we holds no responsibility in respect of such arrangements.

We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

We excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use this Site.

You release and indemnify us and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of this Site and you specifically waive any claims that you may have in this behalf under any applicable law.

You should check all terms of the Seller that are applicable to the specific product you wish to purchase (Product Description). Product Descriptions for individual products can be accessed through the product description pages on the relevant Webstore. Sellers have complete control over the Product Descriptions and may amend their Product Descriptions from time to time. We therefore encourage you to read the Product Descriptions each time you make a purchase, even if you are purchasing a product you have previously purchased via this Site.

Credit or debit card payments

Payment for orders on this Site may be made online or partly online through our payment facilities or Cash On Delivery ("COD") (or other payment methods which we may make available on this Site from time to time).

You can pay for your order via the online payment gateway on this Site with a card issued by Visa, MasterCard or JCB. You must use your own credit or debit card.

The cardholder must retain a copy of transaction records and Merchant policies and rules.

We ask for your credit or debit card details only for the purpose of transmitting that information to our payment gateway in order to enable the payment transaction to proceed. We do not store your credit card details. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

By providing payment facilities, we are merely facilitating the making of online payments by users possible but we are not involved in the process of buying and selling items on this Site. All sales and purchases on this Site continue to be bipartite contracts between the user and the seller of item/products(s) and we is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any users and sellers, nor do we have any fiduciary duty to any user. You acknowledge and agree that we will hold your funds at your own risk.

Cash on delivery

We may also offer a cash on delivery (COD) payment option for certain items only for delivery within UAE. You are responsible for agreeing an appropriate delivery window when you are contacted by the shipping company and for paying in full for the product upon delivery.

Displayed prices and currency

Prices, offers, promotions and discounts are displayed in UAE Dirhams along with each product. We will not cancel your order even if the prices displayed along with the product are incorrect. This means that you will benefit from incorrectly displayed prices that are cheaper than the actual price of the product. This however also means that you will be bound by the price you accept to pay in relation to the products whose displayed prices are more expensive than their actual price. It is your responsibility to be satisfied with the product prices offered by Sellers on this Site.

Prices displayed in this Site are the final product prices, which means that (unless otherwise stated in the Product Specification) the displayed product price will be inclusive of any tax, charge or fee that may be levied on it, except for the delivery fees and customs duties, which are payable at the time of delivery and may vary depending on the delivery option selected by the User and your delivery address. If you do not pay such amounts, delivery may be withheld and the goods returned to the Seller. Users using foreign credit or debit cards should also be aware that in some cases the banks may charge their customers for international transactions. We are not responsible for any such charges levied by the banks.

Customers using foreign credit or debit cards should note that the amount charged on their credit or debit card will be the value of the product displayed in UAE Dirhams which is converted into the currency of the credit card or debit card at the prevailing conversion rate by the banks.

In the case of refunds, the amount of the refund will be converted to currency of the credit card at the prevailing conversion rate at the date the refund is processed by us. The difference, if any, in the amount initially charged and the amount of the refund is due to the fluctuation of the conversion rate and any associated bank fees.

Delivery

Once you order and pay for a product on this Site, it will be the Seller who will be responsible for dispatching your products. The products that are dispatched by the Sellers are passed on to our carriers for delivery.

The delivery period for your order is based on the products you purchase, your shipping address and the delivery options you choose.

The address for delivery provided by you should be correct and proper in all respects. We will deliver to your residential address or primary place of work only. We will not deliver to addresses such as hotel addresses, parking lots or other public places. If your products cannot be delivered to you due to a mistake by you (for example, incorrect contact or address details), any additional cost towards re-delivery shall be payable by you.

We strive to ensure that our carriers deliver your products to you on time. However, we do not assume liability for any direct or consequential damage suffered by non-delivery or delayed delivery.

Our “Delivery Policy” sets out in detail how we mange delivery and define the delivery terms. We will request you to accept our Delivery Policy before you can make a purchase on this Site. Please carefully read our Delivery Policy before you make a purchase on this Site.

International orders

Users who reside outside of the United Arab Emirates may also have to comply with the laws of the country in which they reside, such as prohibition on the sale or purchase of certain products.

Such Users shall also note that the custom rules of the country they reside in might not allow certain products to enter the country or might require personal collection from customs. There might also be customs duties applicable to such products, in which case such amounts will be collected from you upon delivery.

User Protection

We have a "User Protection Program" which seeks to assist users to ensure their purchase is protected against fraud by any sellers on this Site.

If a user has purchased an item by way of any of the our processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the user may seek protection under the User Protection Program.

The User Protection Program involves reimbursement by use to the user of the value of the item only. To be eligible under the User Protection Program a user needs to file a complaint with us within 48 hours of receiving (or not receiving) the relevant item. We will investigate the matter and if it has been determined (by us in its sole discretion) that the seller has intentionally defrauded the user in relation to the item for which we have reimbursed the user, We may limit, suspend or withdraw the seller's access to this Site and/or the seller's membership and we may charge the seller for our costs in reimbursing the user and for any handling and shipping (in accordance with the Fees & Credit Policy.

We reserve the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item/Products returned to us by a user are illegal or otherwise unlawful that we may in its sole discretion destroy the item or take any other steps as it considers necessary.


PART [C] GENERAL

Our return policy

If you purchase a product on this Site, which you later wish to return, your request for return will be governed by our return policy (General Return Policy) and any return conditions specific to the product in question (Product-Specific Return Policy). Our General Return Policy sets out in detail how we manage return requests from our Users. We will request you to accept our General Return Policy before you can make a purchase on this Site. Please carefully read our General Return Policy before you make a purchase on this Site.

On-Screen representation of products (imagery, colors and tones)

The images of the products on this Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours and tones will accurately reflect the colour and tone of the actual product. Your product may vary slightly from the images on this Site for a variety of reasons, including inconsistencies in device displays and different light sources.

Your personal information and our privacy policy

By registering an account with this Site, making a purchase through this Site or otherwise providing your personal information to us, you expressly consent to us processing your personal information and you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of this Site and/or post on this Site in the registration, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of this Site (the "Information") for the purposes of operating and promoting this Site in accordance with the terms of our privacy policy (Privacy Policy). You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

We take reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. We have no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that we may process your personal information that you provide to it for the purposes of providing the services on this Site and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

Please carefully read our Privacy Policy before using this Site or providing personal information to us.

Liability

While we take reasonable measures to ensure that our Site is free from errors and fully functional, we do not warrant that this Site is error or fault free. If you find any error or fault in this Site, you should call or email us. 
We cannot guarantee the accuracy of information provided on this Site and we do not warrant that information will be transmitted in a reliable, timely or accurate manner.

We take reasonable precautions to ensure this Site is safe to use, but we do not warrant that this Site is virus free or free from anything else which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer.

While we take reasonable measures to ensure the constant availability of this Site, we do not warrant that this Site will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, outages may occur. We may need to restrict or suspend access to this Site from time to time to allow for repairs, maintenance or the introduction of new facilities or services.

We do not endorse any Seller or User content on this Site. We therefore do not accept liability for any content posted on this Site by any Seller or User or for the conduct of any Seller or User. Although we try hard to enforce the terms relating to content, you may be exposed through the use of this Site to content or conduct that is in breach of our rules as described in these Terms of Use & Sale or may otherwise be offensive. You use this Site at your own risk in relation to such content.

It is your responsibility to have suitable browser or third party software to view and transact on this Site. We do not accept any responsibility for any loss of functionality that is dependent on the technology you use.

It is your responsibility to keep your account information confidential. We will not be liable for any direct, indirect or consequential loss or damage whatsoever resulting from the unauthorised use of your account.

As explained above, we do not sell the products advertised on this Site. We therefore expressly disclaim any warranties or representations in respect of attributes of the products advertised or sold on this Site by the Sellers, such as quality, safety, fitness for purpose or legality.

We also do not accept responsibility for any non-performance or breach of the sales contract entered into between Sellers and Users.

To the extent permitted by law, We, our officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of this Site, its services or these terms of Use & Sale (however arising, including negligence or otherwise and whether or not we have been advised of the possibility of such losses or damages).

If you are dissatisfied with this Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of this Site and its services as a result of your negligent act or omission would result in irreparable injury to us and we shall treat any such unauthorised use as subject to the terms of Use & Sale.

Indemnity

You agree to indemnify and hold us, our affiliates, officers, employees, agents, suppliers and our service providers (including our online gateway facility provider and carrier) harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including legal costs & Expenses) we, our affiliates, officers, employees, agents, suppliers and our service providers may incur as a result of:

  • your use of this Site (including but not limited to transactions made, or attempted to be made, via this Site), regardless of whether you use this Site as a registered User or without registration;
  • content you post on this Site;
  • any breach of these Terms of Use & Sale, or our other terms and policies referred to in these Terms of Use & Sale; or
  • From any claims from third parties.

Relationship and Notice

None of the terms of Use or sale shall be deemed to constitute a partnership or agency between you and us and you shall have no authority to bind us in any manner whatsoever.

Except as explicitly stated otherwise, any notices to us from you shall be given by you by email to us at legal@iwady.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by us by return email. Any notices to you from us shall be given by notices posted on this Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

Disputes

If a dispute arises between you and a Seller in relation to the purchase of goods via this Site, you should attempt to resolve the issue direct with the Seller in the first instance. If you are still unable to resolve the dispute to your satisfaction, please call or email us and we will try to assist if possible.

If a dispute arises between you and us in relation to the Terms of Use & Sale or your use of this Site, the following provisions shall apply.
These Terms of Use & Sale and all obligations howsoever arising out of it shall be governed and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applied in the Emirate of Dubai.

Both parties to these Terms of Use & Sale hereby submit to the exclusive jurisdiction of the Dubai Courts.

Additionally you agree to have only 14 (fourteen) days from the date of any conduct giving rise to a dispute, complaint or breach of contract to file a case at the Dubai Courts; if you do not file a case within the specified time period, you agree to waive your right to do so at a later date.

Transfer of Rights and Obligations

You hereby grant us the right to, and irrevocably acknowledge and agree that we may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under there terms of Use & Sale to any of its affiliates without requiring your further specific agreement. We agree to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on this Site. You may not at any time, without the prior written consent of us, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under there terms of Use & Sale without the prior written consent of us.

No waiver

Any failure by us to enforce any terms set out in these Terms of Use & Sale or other policies with you is not a waiver of our rights to enforce those terms.

Severability

If any term of these Terms of Use & Sale with you is unenforceable or void, that term can be severed and the rest of the Terms of Use & Sale with you will continue to apply.