This agreement is made by and between the User (as defined below) that subscribes to, or use, the Portal (as defined below) in any way whatsoever and DIAR-BID PORTAL CO. (“DIARBID”) residing in Dubai, United Arab Emirates.
The following definitions shall have the meanings set out in this agreement:
“Account” shall mean DIARBID bank account for the performance of payment obligations.
“Agreement” shall mean this User Agreement.
“Buyer” shall mean the natural person and/or legal entity User that buys the Listed Products or bids on an auction using the Services.
“User Account” shall mean the User’s specific webpage that is accessed by the user name and password on the Portal, which is assigned by only the User and declared to be exclusively used by the User, and where the User executes the operations and actions required to utilize the services provided within the Portal, submits requests to DIARBID regarding the membership process, updates the membership information, and views the reporting relating to provided services.
“DIARBID Database” shall mean the database owned by DIARBID where the contents of the Portal are stored, sorted, queried, and accessed.
“Listed Products” shall mean the products posted by the Seller on the Portal for auction or direct sale.
“Listed Products Information” shall mean a notice posted on the Portal that contains identical images and detailed information on the Listed Products features and Starting Price, Target Price, and Buy Now Price, and can be customized in line with the preferences of the User.
“Auction” shall mean the process of selling goods by offering them up for bids and then selling the item to the highest bidder.
“Starting Price” shall mean the minimum price set by a Seller to list a product for an auction
“Target Price” shall mean the price set by a Seller on which the Seller agrees to sell the product if that price is met
“Buy Now Price” shall mean the price set by a Seller on which the Seller agrees to sell the product immediately through a direct sale and end the auction
“User” or “Users” shall mean a real person and/or legal entity that becomes a member of the Portal and/or uses the services provided within the Portal in any way under the conditions set out in this Agreement and/or accesses the Portal. A User can be either a Buyer, Seller, or a member that requires a moving service as the case may be.
“Parties” shall mean DIARBID and the User/s jointly or individually as per the text.
" Provenance Documents" documentation that authenticates a particular art piece or a valuable unique home item.
“Seller” shall mean the natural person and/or legal entity User that lists the products for sale or auction and on which such natural person and/or legal entity User has all the rights necessary for using the Services in accordance with the terms set out in this Agreement.
“Service” or “Services” shall mean the service(s) made available by DIARBID to the User on the Portal.
3. SUBJECT MATTER AND SCOPE OF THIS AGREEMENT
The subject matter of this Agreement is to set out the terms and conditions under which the Services will be provided on the Portal to the Users, Services can be requested, and the rights and obligations of the Parties. By agreeing on the terms of this Agreement, the User shall also agree on any terms and conditions made available by DIARBID on the Portal, including those, regarding the usage, membership, and any Services.
4. CONDITIONS FOR MEMBERSHIP
4.1. The Portal membership’s procedure is completed by filling out the membership form requested to become a member, and providing necessary identity details. The membership procedure shall be duly completed to have the rights that arise from the membership as set out in this Agreement.
4.2. DIARBID, at its sole discretion, may, , freely unilaterally terminate this Agreement, terminate the membership of the User or temporarily suspend the membership with immediate effect without any notice and obligations to pay any kind of damages and/or refund any money received by the User.
4.3. To become a member of the Portal it is required that the member using the Portal have not been suspended by DIARBID from the membership or have not been banned from the membership for an indefinite period of time in accordance with this Agreement.
4.4. DIARBID may, at any time, make changes or adaptations to the Services presented on the Portal. The terms and conditions following these changes or adaptations shall be announced by DIARBID to the User on the Portal and the User shall comply with the amended terms and conditions.
5. RIGHTS AND OBLIGATIONS
5.1. User’s General Rights and Obligations
5.1.1. The User agrees and declares to comply with all the conditions contained in this Agreement, rules and/or terms and conditions set out in the relevant sections of the Portal regarding the Services, any legislation applicable to the membership, the use of the Portal and, more generally, any other applicable legislation.
5.1.2. The User agrees that the Portal is a mediator platform that gathers different Users. The User agrees that none of the Listed Products are sold by DIARBID and that DIARBID makes no representations or warranties about the quality and nature of the Listed Products that can be purchased on the Portal.
5.1.3. The User declares that DIARBID shall be authorized to disclose any private/confidential/ commercial information of the User as requested by law or public . under the circumstances where DIARBID is obliged to disclose such information to such public authorities and, the User shall not be entitled to make a claim for damages from DIARBID whatsoever.
5.1.4. It is the exclusive responsibility of the User to ensure the security of username and password used by the User for logging in the User Account in order to use the Services, to procure that such username and password are exclusively used by the User, and to keep it confidential from third parties. The User shall be liable for the damages incurred or to be incurred by other Users, DIARBID and third parties due to User’s neglect and failure to ensure the security of username and password used by the User, to keep them confidential from third parties, to exclusively use them.
5.1.5. The User agrees and declares that information and contents provided by the User within the Portal are true and legal, and that posting such information and contents on the Portal or selling and posting any products linked with such contents do not create any unlawful condition in accordance with applicable legislation. DIARBID shall not be obliged to query the accuracy of information that is sent by the User or loaded, changed, and provided by the User on the Portal and the accuracy of contents of such information and, to undertake and guarantee that such information and contents are secure, accurate and lawful. Furthermore, DIARBID shall be neither obliged nor liable to ensure that posting such contents on the internet or selling and exposing the products linked with such contents do not result in any unlawful condition. DIARBID shall not be held liable for any damages that may be incurred because such information and contents are inaccurate or faulty, or have been posted on the Portal.
5.1.6. The Portal can be used only for lawful purposes. The User shall be liable for any operations and actions executed within the Portal. The User agrees and undertakes that it shall not reproduce, copy, distribute, process or transfer the pictures, texts, audiovisual images, video clips, files, databases, catalogues and lists contained within the Portal in breach of any rights of DIARBID or any other third parties, or upload the contents mentioned in this article on the Portal that would result in such consequences, or compete with DIARBID, whether directly or indirectly through such actions or otherwise. Under no circumstances DIARBID shall be held liable for the damages incurred or to be incurred by third parties, whether directly or indirectly, due to activities carried out by the User on the Portal in breach of the provisions of this Agreement and/or any applicable law/regulation.
5.1.7. DIARBID allows the User to view the Listed Product only for the purposes indicated in this Agreement. The User cannot, in anyway whatsoever, access DIARBID Database, copy the Listed Products on any web/mobile based platforms, whether directly or indirectly, and cannot compile and post the Listed Products or provide any third parties with a link of the Listed Products.
5.1.8. The information contained in DIARBID Database shall not be copied, transferred to other databases, and made available to third parties from such databases, whether in part or in whole.
5.1.9. Neither DIARBID nor employees and directors of DIARBID shall be held liable for the Listed Products provided by the User (and/or any third party) and for the posted contents. DIARBID does not represent that the Listed Products and contents provided by the User (and/or any third party) are secure, accurate and lawful.
5.1.10. The User acting as an advertiser and Seller, agrees, declares, and undertakes that it is obliged to take actions and follow the procedures as required by the applicable legislation in respect of the actions carried out on the Portal. DIARBID has the right to be fully compensated/indemnified for the damages that it insures due to the User (and/or any third party) omission or neglect that would result in failure to comply with the applicable legislation.
5.1.11. The User is not allowed to insert a link on the Portal that belongs to any other web/mobile based platform, or any data on the internet, or to disclose the contact details of the Users and/or any third parties without prior written consent of DIARBID and the owner of the rights.
5.1.12. The User acknowledges and agrees that DIARBID is not seller of any Listed Products on the Portal, and shall not be held liable for the performance of sales executed in accordance with this Agreement to be concluded between the Seller and the Buyer.
5.2. Rights and Obligations of the Seller
5.2.1. The Seller agrees, declares and undertakes to comply with the provisions of the applicable legislation and the rules to be set for the Buyer satisfaction when the Seller uses the Services. Accordingly, the Seller agrees, declares and undertakes that:
(a) The Seller shall act in accordance with any applicable law/regulation, and it shall indemnify the losses and damages incurred by the Buyer and/or DIARBID due to the breach of any applicable law/regulation, and it shall act in accordance with the terms/conditions uploaded on the Portal from time to time;
(b) The seller is authorized to list and insert for sale or auction the Listed Products.
(c) The Seller agrees, declares and undertakes to place the Listed Products on the market in accordance with the applicable legislation, and there are no legal barriers to post, insert for sale and sell of the Listed Products on DIARBID website
(d) The Seller agrees to provide DIARBID with a banking card (debit or credit) that has adequate funds to complete the product listing process on the portal.
(e) The Seller agrees, declares and undertakes that the images, information, provenance documents, and description of the Listed Products inserted by the Seller on the Portal are authentic, identical, and matching to the products that are inserted for sale or auction, and the Seller shall be exclusively liable for the losses and damages incurred by DIARBID if the images, information, provenance documents and description are not authentic or different from the Listed Products that it listed for auction or direct sale.
(f)The Seller agrees, declares and undertakes that the product will remain available according to the Listed Products Information for the duration of the auction and until the transaction between the Seller and the Buyer is completed successfully in case the product is sold
(g) The Seller gives DIARBID during the term of this Agreement the right to communicate to the public - in any location, - the Listed Products and the respective contents necessary for publicity (including but not limited to marks, trademarks, logos, images, videos, technical specifications, and price details) through digital media including the internet, (iv) smart device applications and/or on the mobile devices/media in various ways, and technologies that are known on the date of this Agreement and/or to be developed after the date of this Agreement;
(h) If the Seller is detected that it is in breach of this Agreement and/or law/regulations, the Seller shall be obliged to take actions as required by DIARBID in regard to the act or actions regarding such breach;
5.3. Rights and obligations of DIARBID
5.3.1. DIARBID agrees, declares and undertakes to perform the Services in accordance with descriptions set out in the User Account and with the conditions set out in this Agreement, and to install and operate the technologic infrastructure required for providing the Services. DIARBID shall be entitled, at any time and without any notice, to freely suspend or terminate the technologic infrastructure used to provide the Services.
5.3.2. DIARBID reserves the right to freely make, at any time, changes to the Services and contents provided on the Portal, to terminate the access of the User to information and contents uploaded by the Users on the Portal, and to delete such information and contents. DIARBID shall be entitled to exercise such right without giving any notice. The User shall be obliged to promptly make the changes and corrections required by DIARBID. The User shall be the sole person liable for damages incurred or to be incurred, and legal and criminal consequences arising from the failure of the User to satisfy in timely manner the requests for changes and corrections required by DIARBID.
5.3.3. The User is aware and accepts that third parties that are not controlled by DIARBID may add on the Portal links (which may include webpages, files or contents) of other webpages managed by third parties. Such links are provided by third parties and any link is only for reference purposes and are not aimed at providing support to the linked webpages or the operator of these webpages, or make any representations or warranties for these webpages and/or the information contained therein. DIARBID shall not be liable for these webpages, files and contents accessed through the links on the Portal or for the services or products provided on these web pages accessed by such links and their contents.
5.3.4. DIARBID may, at any time, check and remove the messages and contents in breach of general ethical rules, law, rights of others, and conditions of this Agreement, and DIARBID can terminate without any notice the membership of any User that inserts such messages and contents.
5.3.5. The User acknowledges and agrees that DIARBID shall not be held liable for checking the contents that are stored or shared or posted by the User on the Portal, or investigating whether there are any illegal activities or conditions relating to such contents.
5.3.6 The User accepts that DIARBID can monitor and process all kind of communication and contents in which the Seller gets involved through the Portal and that DIARBID can keep and store the records regarding such contents in accordance with the legal legislation and give them to the relevant authorities if provided by the applicable the legislation.
5.3.7. DIARBID has the right to reach the Seller for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and by other means via address, e-mail address, fixed and mobile phone lines and other contact information specified by the Seller in the registration form of the Portal or updated later. By accepting this Agreement, the Seller accepts and declares that DIARBID can engage in the above-mentioned contact processes unless otherwise notified in writing.
5.3.8. The User accepts that telephone and e-mail information can be shared with other Users if needed and for the sake of providing the Service.
5.3.9. DIARBID does not accept any responsibility for the interruption of the transaction, errors, negligence, interruption, deletion and loss, delay of the transaction or communication, computer viruses, malfunctions in telecommunication lines, communication failures, and destruction or unauthorized entry to, change or use of the records.
LISTING SERVICES AND CONDITIONS FOR USE
6.1. Listing Services
6.1.1. The Seller shall list the products using the Portal according to the requirements of DIARBID.
6.1.3. DIARBID shall evaluate the listings created by the Seller of the Listed Products and can accept or reject to post such listings on the Portal on the basis of, among other things, the Listed Products Information. DIARBID shall freely determine and identify the criteria, conditions, and periods for evaluation of request of the Seller for posting the listings created by the Seller and post such criteria and conditions in the section of the Portal concerning the Listed Products Information.
6.1.4. DIARBID may freely temporarily or permanently suspend to broadcast any listing(s) without making any notice to the Seller if such listing(s) posted on the Portal is unlawful and unethical, or in breach of the personal and commercial rights of others, or subject to warnings in this regard, or against the rules and conditions contained in this Agreement and on the Portal.
6.1.5. DIARBID may enter into an agreement with third parties to view the listings of the Seller and the texts messages, images, and contents in the listing on other portals, search engines and on the listings of DIARBID. The Seller agrees and declares that it has authorized DIARBID in this respect.
6.1.6. DIARBID may provide a transportation service indirectly. The Listed Product purchased by the Buyer will be collected a by third party acting as transporter from the Seller and they will be delivered to the Buyer. A delivery report containing the current features of the Listed Product at the time of the collection by DIARBID from the Seller of the Product shall be signed by the Parties. The Seller acknowledges, accepts, and undertakes that it will not make any objection after the signing of such delivery report.
6.1.7. The User agrees, declares, and undertakes that any actions or requests executed on the Portal shall be binding on the User in regard to any of its selections made within the Portal.
6.1.9. The User agrees, declares and undertakes that it shall not carry out any action that is unlawful including smearing, slandering, commercial defamation, threatening, or abuse in the listings posted on the Portal, it shall not make any attempt and take any action that would put excessive load on the infrastructure of Portal without any reason and, it shall not allow to include the texts and images containing shameful, pornographic or immoral contents in the listings to be posted on the Portal.
6.1.10. The User shall list and promote the Listed Products based on true, accurate and lawful information in the listings posted by the User on the Portal. The User shall not be allowed to make any listings for the products on which the User has no power of disposition as defined in its account and listing. For such User making such listings, DIARBID may suspend its membership without the need for making any notice to the User, remove them from membership, temporarily suspend it from membership, and unilaterally terminate this Agreement without any obligation for reimbursement.
6.1.11. The User agrees, declares, and undertakes that it shall not make any listings in breach of any legislation including but not limited to those setting out the protection of consumer, intellectual right, unfair competition, and listings, and that listings shall not contain any statements and images such as pictures and videos in breach of legislation.
6.1.12. The User agrees, declares, and undertakes not to open more than one User Account by using a different username. If this rule is violated or if it is detected by DIARBID that any person that has been removed from membership or suspended from membership for any reason has opened one or more User Accounts with a different username in order to login the Portal again, DIARBID reserves the right to terminate the User Accounts of such person without the need for making any warning and unilaterally terminate this Agreement without any obligation for repayment.
6.1.13 The buyer agrees that if they choose the delivery options, they cannot undo the selection, and the item will be delivered as per the delivery schedule set by the Moving and Delivery Partners and they will have to pay the delivery charges directly to the Moving and Delivery Partners.
6.2. User’s Rights and Obligations for the Listing Services
6.2.1. The Buyer can request purchase a Listed Product through direct sale using the Portal infrastructure. The Buyer by requesting a purchase on the Portal using the infrastructure provided by DIARBID accepts and agrees on all the conditions for sales of the product appearing on the listing. Once the Buyer has selected on the Portal the Listed Product that it intends to purchase, DIARBID shall notify the Seller that the List Product is bought, and the Seller shall provide the Listed Product through pick-up directly by the buyer or through DIARBID’s Moving and Delivery Partners. The Seller and the Buyer acknowledge and accept that the above mechanism is applied to the Listing Services and agree to not make any complain or any claim, in whatsoever form, in respect of the same. The Buyer shall put DIARBID and/or any third party authorized by DIARBID in condition to deliver to the Buyer the Listed Product purchased; if the delivery cannot occur at the date/time requested, DIARBID is entitled to reschedule the delivery date/time and no claim, in whatsoever form, can be made by the User in this respect.
6.2.2 The Buyer can choose to either buy the Listed Product using “Buy Now” option or through “Bidding” on DIARBID portal, by bidding the Buyer will have to put the cost he is willing to pay to buy the item, and in case he won the auction, he will be notified by DIARBID on the dashboard . Whereas by choosing “Buy Now”, the Buyer will end the auction immediately by purchasing the product with the target price set by the seller on DIARBID portal.
6.2.3 The Buyer agrees, declares, and undertakes that a 10% hold amount on every bid’s value will be frozen from the buyer's bank card by DIARBID. Once the Buyer wins the auction, it agrees that DIARBID will capture this hold amount, and that the Buyer will have to pay the remainder of the Listed Product’s Final value within 24 hours of the auction ending date. The buyer agrees that if they fail to pay the remainder of the Listed Product’s value within 24 hours, DIARBID has no obligation to ensure the availability of the Listed Product to the Buyer, and DIARBID has no obligation to refund the captured amount to the Buyer. The Buyer acknowledges and accepts that the above mechanism is applied to the Listing Services and agrees to not make any complain or any claim against DIARBID, in whatsoever form, in respect of the same.
6.2.5. The Buyer understand, accept, and acknowledge in case of winning an auction or buy the item through “Buy Now” option, then they will have the option either to pick-up the item themselves from the seller, or to arrange delivery through DIARBID and/or any third party authorized by DIARBID with extra fees/cost. In both cases the item should be collected within 5 working days effective from the auction ending date/ the date the item was purchased.
6.2.6. Incase the buyer chooses to pick-up the item, and the item is not matching the description according to DIARBID’s policy, the hold amount will be deducted from the seller only if the buyer sends to DIARBID pictures of the item that proves it doesn't match the description. The Seller acknowledges and accepts this and agree to not make any complain or any claim against DIARBID, in whatsoever form, in respect of the same.
6.2.7. If the item is collected by DIARBID and/or any third party authorized by DIARBID, the Buyer will have a 24-hour window to check if the item is matching the description. In case the item is not matching the description according to DIARBID’s policy, the hold amount will be deducted from the seller and the item will be delivered back to the seller. The Seller acknowledges and accepts this and agrees to not make any complain or any claim against DIARBID, in whatsoever form, in respect of the same.
6.2.8. The Seller shall be obliged to fulfill its obligations arising from the applicable legislation, and in this respect, DIARBID shall have no liabilities to the Seller and/or the Buyer and/or third parties. DIARBID shall not be considered a party of any sales transactions made through the Portal. The sole liability for unlawful acts or actions shall lie with the User who has performed such acts and actions. In this regard, the User agrees and undertakes that DIARBID shall not be held liable, whether directly or indirectly.
6.2.9. The User consents that its credit card details used during the purchasing on the Portal are stored by payment systems, financial intermediary institutions/banks with which DIARBID has an agreement with. Such consent shall be considered as a written consent required storing credit card details by the third-party payment systems and financial intermediary institutions/banks. Any security measures for storing the credit card details shall be taken by the third-party payment system and financial intermediary institutions/banks, and the User agrees, declares, and undertakes that DIARBID shall not be held liable in any way whatsoever in respect of the store of the credit card details and that any claim shall be addressed directly to the third-party payment system and financial intermediary institutions/banks.
6.2.10. The User agrees and declares that DIARBID has no knowledge or is not obliged to have knowledge on any matters relating to the Listed Products including but not limited to accuracy and completeness of written and/or visual statements used for listing the Listed Products, whether the Listed Products put up for sale by the Seller are defective, their quality and originality, and that DIARBID does not make any representations and warranties in this regard.
6.3. Seller’s Rights and Obligations for Listing Services
6.3.1. The Seller agrees and declares that the Seller has an absolute and non-contentious right and power to dispose of the Listed Products put up for sale by the Seller; there are no legal or actual barriers to sell such Listed Products. The Seller agrees and undertakes that the sale of the Listed Products put up for sale by the Seller comply with the rules set out in the terms of this Agreement, and/or specified in relevant sections of the Portal in regard to the use of Portal, the Services and with the membership conditions and applicable legislation. The Seller agrees that it shall have the sole legal liability for the Listed Products put up for sale by the Seller, and that there is neither direct nor indirect relationship whatsoever between the Seller and DIARBID regarding the supply and sale of the Listed Products.
6.3.2. The Seller agrees to sell the Listed Product to the Buyer if the Buyer pays the price indicated in the listing and, the Seller shall put DIARBID and/or any third party authorized by DIARBID or by the Buyer in condition to collect from the Seller the Listed Product purchased by the Buyer.
6.3.3. As a commission for the Listing Service, the Seller agrees to pay DIARBID a service charge for Listed Product price as per the below payment scheme for any Listed Product sold through “Bidding” or “Buy Now” Option.
Item Value Range* (AED)
Service Charge %
10,001 and above
The Listed Product price contained in the listing created by the Seller shall include the DIARBID service commission and this commission shall be collected by DIARBID from the Account as soon as the secure payment cycle internal customer confirmation is received, and the amount of balance shall be transferred to the bank account of the Seller indicated in the User Account. The Seller agrees and declares that the amount paid for the Listed Products shall be transferred by the Buyer to the Account managed by DIARBID to be blocked until the trading transaction between the Buyer and the Seller is completed, i.e., the Listed Product sold is received by the Buyer and the time available to the Buyer to return the Listed Product in accordance with article 12.2 below elapsed. The Buyer agrees and declares that the amount paid for the Listed Products shall be transferred by the Buyer to the Account managed by DIARBID to be blocked until the trading transaction between the Buyer and the Seller is completed as described above in this article.
6.3.6. DIARBID will send a notification to the seller on DIARBID portal dashboard of the highest bid on the listed item, The Seller understand, accept, and acknowledges if the bid is less than Target Price, the seller will have 24 hours to accept the highest offer. If there no response is received, the auction will be automatically canceled, and the seller can re-auction the item again.
6.3.7. The Seller understands, accept, and acknowledges once the item is sold successfully through “Auction” or “Buy Now” option, the Buyer will have the option to choose either to pick-up the item themselves from the seller, or to arrange delivery through DIARBID and/or any third party authorized by DIARBID. In both cases the item should be collected within 5 working days effective from the end date of the auction or product’s direct purchase through “Buy Now” option.
6.3.8. The Buyer/Seller understand, accept, and acknowledges Once the process is done successfully, the item will be inspected by the Buyer and once he confirms on DIARBID portal dashboard that the intended purchased item is matching the description and specifications, the payment will be processed to the Seller accordingly based on the listed payment scheme within 7 working days from the auction ending date/ the date the item was purchased. The Buyer/Seller acknowledges and accept this and agrees to not make any complain or any claim against DIARBID, in whatsoever form, in respect of the same.
6.3.9. The Seller agrees, declares, and undertakes that when DIARBID and/or any third party authorized by DIARBID collects the sold Listed Product, such Listed Product is free of defects in and it has the quality stated in the listing, otherwise, the amount transferred by the Buyer to the Account shall not be transferred to the Seller, but returned to the Buyer and the hold amount (5%) will be deducted from the seller and the item will be delivered back to the seller. The Seller acknowledges and accept this and agrees to not make any complain or any claim against DIARBID, in whatsoever form, in respect of the same.
6.3.10. The Buyer and the Seller agree, declare and undertake that the Seller shall be liable for any legal, commercial and administrative claims and any other claim of any nature if the Listed Products put up for sale by the Seller and promoted in the listing are banned from listing and sales on the internet pursuant to applicable legislation and/or the conditions indicated herein and/or on the Portal and if the Listed Products that are produced, reproduced, sold, distributed or otherwise put up for sale are in breach of any applicable legislation, and that the Seller shall be obliged to defend DIARBID for the claims against DIARBID before any judicial, commercial and administrative authorities. Without prejudice to article 13 below, the Buyer and the Seller acknowledge and accept that the Seller shall be exclusively liable for all damages arising from a Buyer and/or third parties or DIARBID as a result of any complain and/or claim regarding the Listed Product and shall be indemnified by the Seller immediately and in cash, on request and without the need for a court order.
6.3.11. The User may utilize services, in addition to the Listing Service, that are indicated in this Agreement and/or announced on the Portal in accordance with the conditions stated in this Agreement and/or in the relevant sections of the Portal if it pays the price that is required for such service. The User agrees and undertakes to comply with obligations for the services and announced in the relevant section of the Portal in accordance with the statements provided in the relevant section of the Portal.
7. PRODUCTS BANNED FROM PUTTING UP FOR SALE AND LISTING
7.1. It is prohibited to put up for sale and list products on the Portal not in compliance with the applicable legislation. The Seller shall not put up for sale and/or list any products or services if it does not have the right to freely do it.
7.2. If the prohibited products or services are put up for sale or listed by the Seller on the Portal and if this is detected by DIARBID, DIARBID reserves the right to suspend to put up for sale and list such prohibited products or services, terminate the membership of such Seller who has put up for sale or listed such prohibited product or service, and terminate this Agreement without making a notice to the Seller.
7.3. If deemed necessary, DIARBID shall be entitled to file an application to or report to any competent authority to take legal action against the Seller without requirement for a prior notice to the Seller (especially in case of sales of stolen, illegal and fake products). If the User incurs losses or damages in connection with sales of prohibited products or services, the User agrees and undertakes that it shall not hold DIARBID responsible whatsoever, and it shall not make a claim for damages. The Seller agrees and undertakes in advance to satisfy the obligations for action and to indemnify DIARBID (including the legal costs borne by DIARBID) in case of a claim from third parties and/or authorities. The Seller agrees and declares that all of the Listed Products displayed by it on the Portal comply with any applicable legislation.
8. MOVING SERVICE
8.1. DIARBID will provide the moving service by a third-party moving company. The User is aware and accepts that the third-party moving company is and independent company and is not controlled by DIARBID.
8.2. DIARBID will only connect and handle the payment between the user with the moving company and will held no responsibility or whatsoever on the moved items/products and that includes missing and damaged items/products or the time it takes to move the items/products.
8.3. DIARBID will share the quote along with the related T&Cs to the user within 24 hrs of receiving the Request for Quotation and the user understand, accepts, and acknowledge to make the payment through DIARBID portal on time. Each quote shared to the user will have its own T&Cs,
8.4. The user acknowledges and accept this and agrees to not make any complain or any claim against DIARBID, in whatsoever form, in respect of the same.
8.5. The user understands, agrees, and accepts to read all the shared quotation along with its related T&Cs.
8.6. The user is responsible to provide complete and proper description supported by clear photos for all the items intended to be moved. The Third-Party Moving company will have the right to reject to move any item that the user did not specify and/or consider. The user will be notified of any rejected item for such discrepancy and DIARBID will have the right to apply extra charge incase the user will still need to move that item.
8.7. The user understands, accepts, and acknowledge to provide the correct moving in/out locations. The Third-Party Moving company will have the right to reject to provide the moving services incase the user changed the location. The user will be notified of this sort of rejection item for that reason and DIARBID will have the right to amend the moving quote.
8.8. The user understands, accepts, and acknowledge to provide the correct dates. The Third-Party Moving company will have the right to reject to provide the moving services incase the user changed moving date. The user will be notified of this sort of rejection item for that reason. DIARBID will always work hard to try to accommodate any changes in plan and comfort the user whenever possible, however, such changes will not be guaranteed.
8.9. The user understands, accepts, and acknowledge that submitting a moving request at least 72 hours before moving intended date.
8.10. The user understands, accepts, and acknowledge that once a moving request is submitted, DIARBID will take 24 hours to respond with the moving slot availability and a related quotation.
9. USER PROFILE ASSESSMENT SYSTEM
9.1. The User profile assessment system is an assessment and scoring system that is set discretionary by each User in order to provide information regarding other Users that might be useful to the User and its experience on the Portal. The User shall post its comments only based on the experience and knowledge gained by using the Portal.
9.2. DIARBID shall have no legal liabilities for the comments contained in the User profiles, and the User who has inserted any comment or information shall have the legal and criminal liability for such comments and information.
9.3. The User shall not manipulate the User profile assessment system by any methods, shall not force the other Users to provide a positive comment on its profile, or prevent to provide a negative comment. If the User acts so, the User agrees and declares that the User shall indemnify any damages incurred by DIARBID and/or the other Users, and that DIARBID shall be entitled to unilaterally terminate this Agreement without making a notice and suspend the membership of the User.
11. INTELLECTUAL PROPERTY RIGHTS
DIARBID is the legal owner or the licensee of the intellectual and industrial property rights in the general appearance and design of the Portal, and any data, information, images on the Portal and DIARBID trademark and other trademarks, the domain name www.Diarbid.com, logo, icon, demonstrative, written, electronic, graphical technical data that are presented to be read in the machine, computer software, sales system used, business method, business model, and any materials (the “Materials”). None of the Materials contained in the Portal may be altered, changed, copied, reproduced, translated into another language, rebroadcasted, uploaded to another computer, posted, communicated, transmitted, disclosed, or distributed without prior written consent.
13. CANCELATION POLICY AND RETURN POLICY
13.1. If the Buyer intends to return a Listed Product, it shall contact DIARBID customer services. The Buyer has the right to return a Listed Product only if it exercises this right within the 24 hours following the delivery of the Listed Product purchased and only and exclusively if one of the following circumstances occur: (i) the Listed Product received is not the Listed Product that was purchased, or (ii) the Listed Product received is not as described in the listing post or does not match the pictures in the listing, or (iii) the Listed Product received has significant flaws that materially affect usability and these flaws were not mentioned in the listing. The Buyer cannot return the Listed Product purchase for other reasons other than those mentioned above (such as, by way of example, the Buyer changes its mind, the Buyer does not like the color and/or some other subjective of the characteristic of the Listed Product purchased that does not impact usability and function of the Listed Product, the Listed Product purchased has issues relating the fitting, the Listed Product purchased does not function in a specific manner desired by the Buyer).
13.2. The Seller acknowledges the cancellation policy and return policy indicated in this Agreement and on the Portal and agrees to not make any complaint or any claim in whatsoever form if the Buyer exercises its rights in accordance with the cancellation policy and return policy.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, DIARBID liability under, arising out of or relating to this agreement, shall not exceed the amount of AED 1,000. without derogating from the above, in no event will DIARBID be liable for special, incidental, indirect, or consequential damages or for lost profits, loss of use. these limitations shall apply whether or not a party has been advised of the possibility of such damages.
15. OTHER PROVISIONS
15.1. At any time DIARBID may, at its sole discretion, unilaterally amend this Agreement as it considers appropriate. The amended provisions of this Agreement shall become effective on the date announced by DIARBID and, the other provisions shall remain in full force and effect.
15.2. In case of any circumstances legally deemed a Force Majeure, DIARBID shall have no obligations for delay in performance or non-performance of any obligations set out in this Agreement. This and similar circumstances shall not be deemed as a delay, partial or whole non-performance or default of DIARBID, and no claims shall be made for damages to DIARBID whatsoever due to such circumstances. The term “Force Majeure” shall mean any event that is beyond reasonable control of DIARBID and cannot be avoided despite due diligence of DIARBID, including but not limited to natural disasters, revolt, war, strike, communication problems, failure in the infrastructure and internet, improvement or rehabilitation of system, faults, power failure, and bad weather conditions that may arise from such circumstances.
15.3. This Agreement and the respective rights and obligations cannot be assigned by a Party without the prior written consent of the other Party unless otherwise provided under this Agreement.
15.4. The User accepts that e-mail and physical addresses which are stated in the User Account can be used for all notifications to be made by DIARBID, and any notifications to be made to such addresses shall be deemed valid.
15.5. If any provision of this Agreement is found to be invalid or unenforceable in whole or in part by a court or any other competent authority, the validity of the remainder of the related provision and other provisions of the Agreement shall not be affected.
15.6. The failure or delay of DIARBID to exercise any rights hereof shall not be construed as a waiver of such right.
15.7 The Parties acknowledge that no representation, agency, partnership, or labor relation has been established between themselves under this Agreement.
15.8. The Parties accepts, declares, and undertakes that books and records of the Parties, computer records, electronic and system records kept in the database and servers, commercial records, fax messages, correspondences of instant messaging applications, e-mails, social media correspondences shall constitute valid, binding, definitive and exclusive evidence in case of disputes that may arise from this Agreement.
15.9. This Agreement shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable Federal Laws of the United Arab Emirates. The Dubai Courts shall have exclusive jurisdiction over any claim arising from, or related to, this Agreement.