Term of Use
Welcome to www.petsicare.com (“Site”). The owner and operator of the Site is XXXXX Company LLC, a limited liability company registered in the United Arab Emirates (“UAE”) under license number XXXX, with its office located at XXXXXX, Downtown Dubai in the UAE (“we”, “our” or “us”).
1. About our site
The Site is an e-commerce platform that allows individuals and enterprise entities to buy products.
We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
2. Eligibility and registration requirements
You are eligible to register as a buyer or seller and benefit from the Services if you meet the following eligibility criteria:
3. for buyers:
i. you are above the legal age for purchasing products in your country of residence; and
ii. you are able to provide an address in the UAE or The State of Kuwait for delivery of products.
4. for sellers:
i. you are a legal entity duly registered in your jurisdiction.
ii. you have a current trade license.
iii. you provide proof of authorization for the individual who will be registering and using the Site.
iv. you provide identification for the authorized person.
v. you can provide supporting bank details; and
vi. you acknowledge and agree that for certain product categories, additional requirements might be applicable.
In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
5. Your obligations
When using or accessing the Services, you agree that you:
1. 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.
6. agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
7. will provide true, accurate, current, and complete information about yourself and your use of the Services as required by us.
8. will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
9. will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
When using or accessing the Services, you agree that you will not:
1. post, list, or upload in any manner any information which is blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
i. post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
ii. content or items that may be considered culturally or religiously offensive in any way.
iii. content or items which may not be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions
iv. content or items that may threaten national security
v. content or items which may constitute or be considered to promote gambling
vi. securities, including shares, bonds, debentures, or any other financial instruments or assets of any description
vii. 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
viii. weapons of any description
ix. liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines
x. 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
xi. non-transferable vouchers; and
10. post items you do not have a right to link to or include
11. post counterfeit or stolen items
12. breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status
13. use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services
14. fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies
15. fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies
16. use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website
17. manipulate the price of any item
18. interfere with any other user’s listings
19. take any action that may undermine the Site’s feedback and ratings systems
20. post false, inaccurate, misleading, deceptive, defamatory or similar content
21. transfer your account to another party without our prior written consent
22. distribute or post spam, unsolicited or bulk electronic communications or similar
23. distribute viruses or any other technologies that may harm our Services or the interests or property of other users
24. infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights”) that belong
to or are licensed to us; or
25. any Intellectual Property Rights that belong to third parties
26. harvest or otherwise collect information about users without their consent; or
27. circumvent any technical measures we use to provide the Services.
28. Intellectual property rights
1. all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
29. all rights, title, and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
You agree that you have no right to use any of our trademarks without our prior written consent.
30. Warranties, representations & undertakings
You warrant represent and undertake that:
1. you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation
i. any laws, rules, regulations, or governmental guidelines to which you are subject to; or
ii. any other agreements to which you are a party to or to which you are otherwise bound by;
34. any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).
The Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.
35. Liabilities and indemnities
1. for fraud, including fraudulent misrepresentation, perpetrated by that party
36. for death or personal injury caused by the negligence of that party; or
37. for any other liability that cannot be limited or excluded under applicable law.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
1. the content or other information you provide when using the Services
38. your use of or your inability to use our Services
39. pricing, shipping, format or other guidance provided by us
40. delays or disruptions in our Services
41. viruses or other malicious software obtained by accessing or linking to our Services
42. bugs, errors, or inaccuracies of any kind in our Services
43. damage to your hardware device from the use of products sold on the Site or our Services
44. the content, actions or inactions of third parties using our Services
45. a suspension or other action taken by us with respect to your use of the Services
46. the duration or manner in which your listings appear in search results; or
1. the price the item sold for on our Site and its original shipping costs; and
48. the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability
You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
1. any claims or demands made by any third party due to or arising out of your use of the Services;
50. your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or
51. the manner in which you use our Services, including, without limitation, that the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).
52. Suspension, Termination & Cancellation
We may, at our sole discretion and without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend, or permanently withdraw your access of our Services, cancel any product(s) order and/or remove hosted content submitted by you for any reason including, without limitation, the following:
53. If you use our Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules
54. You are suspected of inventory abuse or placing bulk order. The following shall (without limitation) constitute inventory abuse or placing bulk order:
i. Products ordered are not for self-consumption but for commercial resale
ii. Multiple orders placed for same product at the same address, depending on the product category
iii. Bulk quantity of the same product ordered
iv. Invalid address given in order details
v. Any abuse or fraud used to place the order; or
vi. Any order placed using a technological glitch/loophole.
55. We reserve our right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provides false, incomplete, or misleading information. You may be considered to be engaging in fraudulent activities if any of the following (without limitation) are met:
i. you don’t reply to the payment verification mail sent by us
ii. you fail to produce adequate documents during the payment details verification
iii. you misuse credentials not belonging to you
iv. you use invalid address, email, and phone number
v. you attempt to overuse a voucher code
vi. you return wrong or damaged product
vii. you refuse to pay for an order
viii. For cash on delivery, you use fake currency notes to make the payment
ix. you abuse or harass the delivery staff
x. miscellaneous activities conducted with the sole intention to cause loss to business/revenue to our company
xi. your return, undeliverable rate is very high and often the returned products are missing, fake or damaged; or
i. Repeated request for monetary compensation.
56. If your access to our Services or our Platform is terminated for any reason, we may delete any content or other materials relating to your use of the Service (including any credits earned through loyalty programs or reward points) and we will have no liability to you or any third party for doing so. However, your transactions details may be preserved by us for purposes of tax or regulatory compliance.
57. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.
Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or Services to us, labour disruptions, blackouts, embargoes).
Communications. You may contact us through email firstname.lastname@example.org, social media or live chat on the Site, or by calling our call center on XXXXXXX(UAE) or 98818578 (Kuwait).
Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.