UbiToyz.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law, UbiToyz.com reserves the right to limit or withdraw access to the Site or the membership of any person if UbiToyz.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by UbiToyz.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
UbiToyz.com may (in its 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 UbiToyz.com upon such requests. You acknowledge and agree that if you do not, UbiToyz.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. UbiToyz.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
You acknowledge and agree that UbiToyz.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that UbiToyz.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
UbiToyz.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the purchase of items by buyers. Membership on the Site is free. UbiToyz.com does not charge any fee for browsing, buying listed items on the Site. UbiToyz.com 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 the Site. Unless otherwise stated, all fees shall be quoted in your country's currency.
The UbiToyz Credit Card Payment system means that payment for items on the Site may be made online or partly online through the UbiToyz.com payment facilities of credit card payments (or other payment methods which UbiToyz.com may make available on the Site from time to time) .
"We accept payments online using Visa and MasterCard credit/debit card in AED (or any other currency agreed)". The cardholder must retain a copy of transaction records and Merchant policies and rules.
You undertake, represent and warrant that:
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either UbiToyz F.Z.C, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of UbiToyz.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"UbiToyz.com", "UbiToyz" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of UbiToyz.com and are protected by international trademark and other intellectual property rights and laws. UbiToyz.com's trademarks may not be used in connection with any product or service that is not UbiToyz.com's nor in any manner that disparages or discredits UbiToyz.com. All other trademarks not owned by UbiToyz FZC that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UbiToyz FZC.
Please report problems of any kind or violations of this User Agreement to team info@UbiToyz.com. If you believe that your intellectual property rights have been violated, please notify at info@UbiToyz.com. Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law, UbiToyz.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also UbiToyz.com 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 this User Agreement or our policies.
"All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties".
SERVICES AND LIMITATIONS
Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law or otherwise, UbiToyz.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
UbiToyz.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with UbiToyz.com or use the Site in any manner whatsoever until such time that such user is reinstated by UbiToyz.com. Notwithstanding the foregoing, if you breach this User Agreement UbiToyz.com reserves the right to recover any amounts due and owing by you to UbiToyz.com or any losses and damages caused by you to UbiToyz.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as UbiToyz.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of UbiToyz.com's right to take any actions with respect to that, or subsequent or similar breaches. UbiToyz.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law or otherwise, UbiToyz.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
UbiToyz.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. UbiToyz.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. UbiToyz.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that UbiToyz.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
To the extent permitted by law, UbiToyz F.Z.C, its 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 the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not UbiToyz.com has been advised of the possibility of such losses or damages). If you are dissatisfied with the 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 the Site and its services as a result of your negligent act or omission would result in irreparable injury to UbiToyz.com and UbiToyz.com shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold UbiToyz.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and UbiToyz.com and you shall have no authority to bind UbiToyz.com in any manner whatsoever. Except as explicitly stated otherwise, any notices to UbiToyz.com from you shall be given by you by email to UbiToyz.com at team@UbiToyz.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by UbiToyz F.Z.C by return email. Any notices to you from UbiToyz F.Z.C shall be given by notices posted on the 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.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of UbiToyz.com to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and UbiToyz.com shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
You hereby grant UbiToyz.com the right to, and irrevocably acknowledge and agree that UbiToyz.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. UbiToyz.com agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of UbiToyz.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of UbiToyz.com.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and UbiToyz.com with respect to the subject matter hereof. No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.