USER
TERMS AND CONDITIONS
Last Updated 30 October 2023
Welcome to PAYBUY24!
These are the User Terms and Conditions
(“Terms”) that apply to your access and use of the Paybuy24-trade.com website
(“Platform”) and any mobile applications operated by Gulf Global Resources, LLC
and its affiliates (“PAYBUY24”).
These Terms constitute a legally binding
agreement between you and PAYBUY24. Please read these Terms carefully before
using PAYBUY24. By using the website or related mobile applications, you agree
to be bound by these Terms.
PAYBUY24 may update these Terms at any
time. Any changes to the Terms will be posted on this page. Once posted, the
updated Terms will be effective immediately. It is your responsibility to
review the Terms on a regular basis to keep yourself informed of changes. By
continuing to access the PAYBUY24 site or use its services, you agree to be
bound by the updated Terms.
Conditions for Registration
Please note: As a seller, you will be able
to upload items for sale at the same time that you share your corporate
documents, however, your products will not be viewable by potential buyers
until your documents have been verified by PAYBUY24.
1.1 You may not access or use the Platform
and may not accept these terms if you are not at least 21 years, or are not
permitted to receive any services under the laws of the United Arab Emirates or
any jurisdiction in which you are a resident or citizen.
1.2 You must register as a buyer or seller
and have a user account on the Platform to use its services.
1.3 Whether you are registering as a buyer
or seller, you must own a licensed business. This does not apply to buyers
purchasing through the “Buy Now” feature.
1.4 To become verified as a buyer or
seller, you must provide the following documentation:
Trade License (or Commercial Register, as
applicable)
State-issued ID of the owner or manager on
the license (for example, Emirates ID or passport page)
VAT Registration Certificate
Power of Attorney and personal ID (for
company representatives who are not listed on the license, if applicable)
1.5 PAYBUY24 has the right to reject the
creation of a user account for any reason.
1.6 When you use any PAYBUY24 service or
send e-mails to us, you are communicating with us electronically. We will communicate
with you electronically in a variety of ways, such as by e-mail, text, in-app
push notices or by posting e-mail messages or communications on the Platform or
through our Message Center. You agree that all agreements, notices, disclosures
and other communications that we provide you electronically satisfy any legal
requirement that such communications be in writing, unless applicable laws
specifically require a different form of communication.
1.7 By posting or displaying any product,
information, or content (“Content”) on the Platform, you grant an irrevocable,
perpetual, worldwide, royalty-free, and sub-licensable license to PAYBUY24 to
use the Content in any form, media, or technology in any manner and for any
purpose.
1.8 By registering as a user, you
acknowledge that PAYBUY24 may launch, change, upgrade, impose conditions on,
suspend or stop any services or features without prior notice.
User Accounts
2.1 You may only have one main user account
per business at any one time, but may also register subaccounts under the main
account. PAYBUY24 may suspend or terminate user accounts, if it has reason to
suspect that the same business registered, or is in control of, two or more of
the same type accounts.
2.2 Upon creation of a user account or
subaccount, PAYBUY24 will assign you an account and request that you create a
password.
2.3 You will be solely responsible for
maintaining the confidentiality and security of your account number and
password. You may not share, assign, or permit the use of your user account or
password with another person, even those within your own business. You agree to
notify PAYBUY24 immediately if you become aware of any unauthorized use of your
user account or password.
2.4 You agree that all use of PAYBUY24, and
all activities that occur under your account(s) will be considered authorized
by you, and that you solely bear the responsibility for the consequences of the
misuse of your account and subaccounts.
2.5 PAYBUY24 may limit, suspend or withdraw
your user account at any time, without notice, for breach of these Terms, or
for any reason.
User's Responsibilities
3.1 You represent and agree that:
you have full power and authority to accept
the Terms and to fulfill your obligations under these terms;
the information and documents submitted
during the registration process are true, accurate, current and complete, and
you will maintain and update all information and documents to keep them so
while your PAYBUY24 user account is active;
you consent to PAYBUY24 including
information about you or your business in our database, and authorize PAYBUY24 and
our affiliates to share or use the information as described in our Privacy
Policy;
you are solely responsible for obtaining
all required licenses, permits and certifications for the Content that that you
submit, post or display;
any Content that you submit, post or
display is not counterfeit or stolen and does not otherwise violate any of the
copyright, patent, trademark, trade name, trade secrets or any rights of any
third party;
you have the right and authority to sell,
trade, distribute or export the products listed on PAYBUY24, and the listing of
these products does not violate any third-party rights (for example, exclusive
agency or distribution agreements); and
neither you, your company, its directors,
officers nor affiliates are the subject of any trade restrictions, sanctions or
other legal restrictions of any country, international organization or other
jurisdiction.
3.2 You further agree that the Content that
you submit, post or display will:
be true, accurate, complete and legal;
not contain information that is defamatory,
libelous, threatening, harassing, obscene, explicit, offensive, or otherwise
objectionable;
not contain information that is
discriminatory or promotes discrimination;
not violate the Product Listing Policy, the
Terms or any other additional agreements with PAYBUY24;
not violate any applicable laws and
regulations or promote any activities which may violate them; and
not post any link directly or indirectly to
other websites which include Content that violates the Terms.
3.3 Additionally, you agree that you will:
carry on activities on PAYBUY24 in
compliance with any applicable laws and regulations
conduct your business transactions with
other PAYBUY24 users in good faith;
carry on your activities according to these
Terms, and any other applicable agreements;
upload all requested order data for every
transaction to the PAYBUY24 platform;
not use PAYBUY24 to defraud any person or
entity;
not impersonate any person or entity,
misrepresent yourself or your affiliation with any person or entity;
not manipulate feedback through multiple
user accounts or third parties by leaving positive feedback for yourself or
unjustified negative feedback for another user;
not copy, reproduce, download, republish,
sell or distribute any information, text, images, graphics, video clips, sound,
directories, files, databases or listings, available on or through PAYBUY24 for
any purpose;
not engage in spamming, phishing or
spreading viruses;
not use PAYBUY24 solely to collect
information about other users;
not use information provided to you during
the course of a transaction on PAYBUY24 to solicit additional sales offline;
and
not engage in any activities that would
create liability for PAYBUY24.
3.4 In its sole discretion, PAYBUY24 has
the right to remove a posting or listing or suspend or terminate any user
account, if it learns of a violation or suspected violation of any of the
points under 3.1-3.3, or for any reason it considers appropriate.
Transactions Between Buyers and Sellers
Marketplace (Fulfilled by PAYBUY24):
4.1 Through its website and related
applications, PAYBUY24 provides a platform for buyers and sellers to interact
with one another for the sale and purchase of products. PAYBUY24 does not
represent either buyers or sellers in any transaction and is not a party to any
agreement between them. As the invoicing relationship is between the Seller and
the Buyer, the Seller is responsible for fulfilling the promise to provide the
purchased products; this includes initial responsibility for the acceptability
of the products (for example, responsibility for the good or service meeting
customer’s reasonable expectations, or when the customer has a right to return
the products, as per the applicable Return & Refund Policy).
4.2 Buyers agree and understand that they
are purchasing products under their own risk, and agree that PAYBUY24 is not
primarily liable for: (i) any act or omission of a seller and/or (ii) any
damage or loss that arises in connection with the ordering, purchase and/or
provision of a seller’s goods or service.
4.3 PAYBUY24 does not control and is not
responsible for the quality, legality, safety, or availability of the products
offered for sale on the Platform’s
marketplace, the ability of sellers to complete a sale or the ability of buyers
to complete a purchase. PAYBUY24 acts solely as an agent whose obligation is to
provide a platform and arrange for the provision of the Seller’s products. PAYBUY24 does not control the seller’s
products before they are transferred to the Buyer.
4.4 By accessing or using the Platform, you
accept the risks of conducting any transaction, as well as any related
activities, such as payment, storage, shipment and return of products.
4.5 PAYBUY24 is not liable for
unsatisfactory or delayed performance, losses, damages or business
interruptions as a result of marketplace products which are unavailable,
damaged or not delivered.
4.6 PAYBUY24 shall attempt to resolve any
dispute or disagreement between buyers and sellers.
Retail (Sold by PAYBUY24):
4.7 Products sold by PAYBUY24 are sold in PAYBUY24
‘s name and on its own behalf to Buyers via PAYBUY24’s platform. For the
avoidance of doubt, under its retail model, PAYBUY24 is and shall remain the
seller in respect of any sales made to Buyers. PAYBUY24 shall be responsible
for fulfilling the promise to provide the purchased products to Buyers; this
includes responsibility for the acceptability of the Products, and is subject
to the applicable Returns and Refund Policy.
4.8 PAYBUY24 shall issue invoices to Buyers
in respect of products purchased by Buyers via PAYBUY24 ‘s platform.
Third-Party Sites or Services
5.1 PAYBUY24 may give you access to
third-party sites or services through hyperlinks, API or other means. You
should review the third-party terms and conditions, as PAYBUY24 has no control
over and does not monitor such sites. PAYBUY24 will not be liable to you for
the content of these sites or your use of them.
5.2 PAYBUY24 may offer you third-party
services, such as payment gateways, supply chain finance solutions and delivery
services. These services may be subject to a separate agreement between you and
the service provider. Under no circumstances will PAYBUY24 be liable to you for
the use of such services.
5.3 Third-party services may be subject to
separate fees. You will be informed of such fees prior to the performance of
the services.
Liability
6.1 The services provided by PAYBUY24 and
the products displayed on the Platform are provided "as is", "as
available" and "with all faults".
6.2 You agree to defend PAYBUY24, our
affiliates, directors, officers and employees against any and all third-party
losses, claims and liabilities (including legal costs) which may result from
your violation of these Terms, use of the Platform or its services (or
third-party services or sites offered through PAYBUY24). You agree to fully
compensate PAYBUY24 for such losses.
6.3 PAYBUY24 has the right to take control
of any legal matter subject to Clause 6.2.
6.4 PAYBUY24 will not be liable to pay any
consequential, indirect, punitive or incidental damages (including but not
limited to damages for loss of profits or savings, business interruption, loss
of information), resulting from your use of the Platform, or any third-party
services or sites offered through PAYBUY24.
6.6
The above clauses will apply whether or not PAYBUY24 has been advised of, or
should have been aware of, the possibility of any losses.
Cooperation with Authorities
7.1 PAYBUY24 has the right to cooperate
fully with governmental or regulatory authorities or law enforcement in the
investigation of any suspected criminal or civil wrongdoing. As permitted by
applicable laws and policies, PAYBUY24 may disclose a user's identity and
contact information regarding a user's account, transactions or activities
carried on the Platform. PAYBUY24 will not be liable for damages due to such
disclosure, and you agree not to bring any claim against PAYBUY24 for the
disclosure.
Force Majeure
8.1 Neither you nor PAYBUY24 will be liable
for failing to fulfill any obligation under these Terms that result from
circumstances beyond either party’s reasonable control, such as natural
disasters, pandemics or war.
Intellectual Property
9.1 “PAYBUY24” and its related logos and
words on the Platform are registered trademarks of PAYBUY24 and are protected
by international trademark and other intellectual property rights and laws. PAYBUY24
‘s trademarks may not be used in connection with any service or products that
other than PAYBUY24’s , without its written consent. All other trademarks not
owned by PAYBUY24 that appear on the Platform are the property of their
respective owners, who may or may not be affiliated with PAYBUY24.
9.2 PAYBUY24 is the sole owner or lawful
licensee of all the rights and interests in the Platform and its Content. the
Platform and its content contain trade secrets and other intellectual property
rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Platform and its Content belong to PAYBUY24.
All other rights are reserved.
9.3 If you believe that any Content on the
Platform violates your intellectual property or other third-party rights,
please legal@Paybuy24-trade.com.
Notices
10.1 All notices or demands to PAYBUY24 must
be made in writing and sent personally, by courier or by email to: Attn: PAYBUY24
Legal, Al Salamiya towers, 501, Dubai, United Arab Emirates – Email: legal@Paybuy24-trade.com.
10.2 All legal notices or demands on a user
will be delivered to the last known email address provided by to PAYBUY24,
unless otherwise required by specific laws or regulations.
General Clauses
11.1 Unless you have any additional
agreements with PAYBUY24, these Terms represent the entire agreement between
you and PAYBUY24 as to your use of the website and any related applications or
services, overriding any prior written or verbal agreements that may have been
made.
11.2 These Terms do not create an agency,
partnership, joint venture, employment or franchise relationship between you
and PAYBUY24.
11.3 If any clause of these Terms is
considered invalid or unenforceable, such clause will be deleted and the
remaining clauses will remain valid and enforceable.
11.4 If PAYBUY24 does not enforce its
rights or act against any breach by you under the Terms, it does not mean that PAYBUY24
is waiving its rights to enforce actions against you in the future.
11.5 PAYBUY24 has the right to assign the
Terms to any person or entity. You may not assign these terms to any person or
entity, without written consent from PAYBUY24.
11.6 These Terms are governed by and
construed according to the laws and regulations of the United Arab Emirates as
applied in the Emirate of Dubai. Any dispute, difference, controversy or claim
arising out of or in connection with these Terms, including any question
regarding its existence, validity, interpretation, performance, discharge and
applicable remedies, will be subject to the exclusive jurisdiction of the Dubai
Courts.
If you have any questions regarding these
Terms, please Contact Us.