Welcome to Dannibaba.com. These are the terms and conditions governing your access to and use of the website Dannibaba.com and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Dannibaba.com FZ-LLC (“we”, “us” or “Dannibaba.com”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
- Eligibility for Membership
Dannibaba.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 Dannibaba.com under this User Agreement or at law, Dannibaba.com reserves the right to limit or withdraw access to the Site or the membership of any person if Dannibaba.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 The Site is not available to persons whose membership has been suspended or withdrawn by Dannibaba.com.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.
- Your Account and Registration Obligations
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:
- 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 Dannibaba.com of any unauthorised use of your password or account or any other breach of security. In no event will Dannibaba.com 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 Dannibaba.com for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the 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 Dannibaba.com’s registration form (the “Registration Data”).
- You will not include:
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word “dannibaba” in your registration user ID.
- Your store name shall not include the word “dannibaba”.
- 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 Dannibaba.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Dannibaba.com under this User Agreement or at law, Dannibaba.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
- Electronic Communications
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. Dannibaba.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.
- Amendments to this User Agreement
You acknowledge and agree that Dannibaba.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 Dannibaba.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.
- Fees and Services
Dannibaba.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 sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. Dannibaba.com does not charge any fee for browsing, bidding and buying listed items on the Site. Dannibaba.com charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items.
Sellers must pay all fees due and payable to Dannibaba.com after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from Dannibaba.com by submitting an online no-sale claim.
Before you list an item for sale through the 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 the Site.
Dannibaba.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. You must pay all fees payable to Dannibaba.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Dannibaba.com 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 Dannibaba.com, without prejudice to any other rights and remedies of Dannibaba.com under this User Agreement or at law, Dannibaba.com 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 the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of Dannibaba.com issuing a warning to you.
- Dannibaba.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to Dannibaba.com
- for accounts over 30 days past due, deduct the amount owed from your MyWallet account balance (and you acknowledge and agree to Dannibaba.com doing so in these circumstances) and confirm the same to you by email.
- deduct from your MyWallet.
- invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time).
- take any steps Dannibaba.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.
- Dannibaba SafePay
The Dannibaba SafePay system means that payment for items on the Site may be made online or partly online through the Dannibaba.com payment facilities called “MyWallet” or Cash On Delivery (“COD”) (or other payment methods which Dannibaba.com may make available on the Site from time to time).
By providing the MyWallet and COD payment facilities, Dannibaba.com is merely facilitating the making of online payments by buyers possible but Dannibaba.com is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and Dannibaba.com is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Dannibaba.com have any fiduciary duty to any user. You acknowledge and agree that Dannibaba.com will hold your funds at your own risk.
- Your Information
- Use of the Site While using the 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 the 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 members 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 bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
- attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
- use contacts made by buying or selling on the 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 Dannibaba.com’s sole discretion the item was sold in accordance with this User Agreement and the Site’s policies;
- in case of purchase of/placing a successful bid for an artwork which is marked as “non-exportable” on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
- manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
- circumvent or manipulate our fee structure, the billing process, or fees owed to Dannibaba.com;
- take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Dannibaba.com);
- 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 the Site, or the interests or property of the 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 the Site;
- attempt to take over another user’s account or carry out any hacking or phishing of the 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 the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
- violate any laws, rules, regulations, guidelines, third party rights or our policies;
- abuse Dannibaba.com’s Shipping Policy , MyWallet Policy , Listing Policy , or any of Dannibaba.com’s other policies or terms and conditions posted on the 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 auction but which are priced lower than your other items’ price, the reserve price of such other item / minimum bid amount;
- fresh food;
- non-transferable vouchers; and chemicals.
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 Dannibaba.com, 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 Dannibaba.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.