Hello and welcome to Homepage. “Homepage Delivery Services EST” maintains the www.inhomepage.com, www.inhomepage.ae website and Inhomepage Mobile Platform (collectively, the “Platform”). Homepage Delivery Service EST. (“we”, “our”, or “us”), a limited liability company incorporated in the United Arab Emirates (“UAE”).
These Terms of Use, as well as any policies or other conditions (if any) placed on the Platform, set out the terms under which we provide you with access to and use of our Platform, services, and Platforms, including our mobile Platform (collectively, the “Services”). All of our policies and extra terms are available on the Platform under “Legal Documents”. These Legal Documents are included into these Terms of Use by reference.
You agree to be bound by these Terms of Use and the Legal Documents with immediate effect by accessing, registering for, and/or continuing to use or access our Services. We reserve the right to alter our Terms of Use and Legal Documents at any time. Your continued use of the Platform following any such modification indicates your acceptance of the amended Terms of Use and Legal Documents.
In these Terms of Use, references to “you” (or similar) relate to you as an individual or legal entity, as applicable.
About Us
This is an e-commerce platform that enables Individuals or business organizations to offer and sell items, as well as individuals and business organizations to purchase products/services.
We retain the right, at our sole discretion, to introduce new Services, update or discontinue any of the Services, and we will not be responsible to you for exercising this discretion.
1 ELIGIBILITY TO REGISTER
- 1.1 If you fulfil the following eligibility conditions, you are eligible to register as a buyer and use the Services:
- you are of age 18 and above in your residing country; and
- For product delivery, you can provide an address inside or outside of the UAE.
- 1.2 If you fulfil the following eligibility conditions, you are eligible to register as a buyer and use the Services:
- you are a duly registered legal entity in your jurisdiction;
- you provide proof of authorisation for the individual who will be registering and using the Platform;
- you provide identification for the authorised person;
- you may provide supporting bank details;
- and you acknowledge and agree that additional requirements may apply for certain product categories.
- 1.3 You must submit us with some information in order to register on the Platform. If you do not supply us with the essential information, your registration to the Platform may be denied. We retain the right to refuse any registration for any reason. We retain the right to conduct any required checks to validate your identification.
- 1.4 After successfully completing registration, your registration will be active indefinitely, subject to suspension or cancellation in accordance with clause 6 of these Terms of Use.
2 YOUR DUTIES
- 2.1 When you use or access the Services, you agree that 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;
- agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security;
- will provide real, reliable, recent, and full information about yourself and your use of the Services as required by us;
- will not disclose a user’s information provided to you to any third party (except as required or requested by us); and
- will cooperate with our requests for additional information regarding your eligibility and usage of our Services.
- 2.2 When you use or access the Services, you agree not to:
- post, list, or upload any content that is blasphemous, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or racially or ethnically offensive, disparaging, related to or supporting money laundering or gambling, or otherwise prohibited in any way.
- post, list, or upload material or items on our Platform in improper or banned categories or locations, such as:
- content or items that may be considered culturally or religiously offensive in some way;
- content or items that may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics, and traditions;
- content or items that may threaten national security; content or items that may constitute or be considered to promote gambling;
- securities, such as shares, bonds, debentures, or any other financial instruments or assets of any kind;
- living or dead creatures, and/or the whole or any part of any animal kept or maintained by any methods, artificial or natural;
- weaponry of any kind;
- alcoholic beverages, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any kind, and medicines;
- items that, to your knowledge, are defective, fake, damaged, false, or misleading, or that may harm another Platform user’s interest or health through normal use;
- non-transferable vouchers; and
- Hazardous chemicals.
- publish material to which you do not have the legal right to link or include;
- post counterfeit or stolen items;
- violate or circumvent any laws, third-party rights, or our systems, policies, or account status determinations;
- use our Services if you no longer meet the eligibility criteria or are unable to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
- if you fail to pay for products purchased by you, unless you have a legitimate cause as specified in any of our regulations;
- unless you have a good cause as stated out in any of our policies, fail to deliver products sold by you (where applicable);
- utilize the contact information you supplied during a purchase on the Platform to generate further sales offline or on another Platform;
- alter the pricing of any item;
- interfere with the listings of any other user;
- post information that is untrue, incorrect, confusing, deceptive, defamatory, or similar;
- without our prior written approval, transfer your account to another person;
- disseminate or post spam, unsolicited or bulk electronic communications, or similar;
- transmit viruses or other technologies that may harm our Services or other users’ interests or property;
- infringe our copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) or the Intellectual Property Rights of third parties;
- gather or collect information about users without their agreement; or
- bypass any technological safeguards we employ to offer the Services.
3 INTELLECTUAL PROPERTY RIGHTS
- 3.1 Except for the expressly allowed rights in these Terms of Use:
- The Platform’s content, including but not limited to text, graphics, logos, pictures, audio clips, digital downloads, and software, is our property or that of our licensors. We (or our licensors, as applicable) retain all right, title, and interest in and to the Platform and the Services, including all Intellectual Property Rights therein; and
- All rights, title, and interest in and to any information, materials, or other content that you submit in connection with your use of the Services, including all Intellectual Property Rights in such information, materials, or other content, shall become our property.
- 3.2 You accept that you have no right to use any of our trademarks unless we provide you prior written permission.
- 3.3 We or our licensors reserve and maintain all rights not expressly granted to you in these Terms of Use.
4 WARRANTIES, REPRESENTATIONS & PROMISING
- 4.1 You warrant, represent and promise that:
- you must comply with all relevant laws, statutes, and regulations, including, but not limited to, all privacy laws and content rules, and will continue to do so at all times.
- you have complete right and authority to engage into these Terms of Use, and the execution and fulfilment of your duties under these Terms of Use do not contradict with:
- any laws, rules, regulations, or governmental guidelines to which you are subject; or
- any other agreements to which you are a party or otherwise obligated;
- if you establish or use an account on behalf of a business entity, you indicate that you have the authority to act on its behalf and bind the business to these Terms of Use. Such account is assumed to be owned and managed by the business entity;
- you possess or have the capacity to grant the rights and licenses granted to us under these Terms of Use; and
- Any material you provide as part of your use of the Services, as well as any items you list, do not infringe on the rights of any third party anywhere in the world, including, but not limited to, any Intellectual Property Rights (whether registered or not).
- 4.3 Subject to paragraph 5.1, the Services are supplied to you “as is,” with no representations, warranties, or terms of any kind. We disclaim all explicit, implied, and collateral warranties, conditions, and representations of any kind, including, but not limited to, any conditions, representations, or guarantees of merchantability, suitability for a specific or general purpose, fitness for a particular or general purpose, of non-infringement, compatibility, or that the Services are secure or error-free, or that they will operate without interruption, or that they will be provided in a timely, proper, or at all.
- 4.4 Furthermore, while we make every effort to be as accurate as possible, we cannot guarantee that product descriptions or other material of any Service are accurate, full, reliable, current, or error-free. Furthermore, as a buyer, you acknowledge that we are not responsible for inspecting or warranting the listings or material made available by us or third parties via the Services, and that you will not hold us accountable for any errors or flaws in any of the listings. It is your duty as a seller to evaluate the content of your listings for correctness, and you will not hold our catalogue/content suppliers or us liable for inaccuracies.
5 INDEMINITIES & LIABILITIES
- 5.1 Nothing in these Terms of Use limits or excludes a party’s liability:
- for such party’s wrongdoing, including false misrepresentation;
- for death or physical harm caused by that party’s carelessness; or
- for any other liability that, under relevant law, cannot be reduced or eliminated.
- 5.2 Subject to clause 5.1, we, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors will not be liable for, whether based on an action or claim in contract, tort, negligence, breach of statutory duty, or otherwise arising out of or in relation to these Terms of Use for profit loss, data loss, business disruption, or other monetary loss, or any special, indirect, incidental, or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors, or suppliers have been warned of the potential of such damages.
- 5.3 Furthermore, to the extent permitted by applicable law, we (including subsidiaries, and affiliates, as well as 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 caused directly or indirectly by:
- the content or other information you provide when using the Services;
- your use of or lack of ability to use our Services;
- pricing, shipping, format, or other guidance given by us;
- delays or interruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- bugs, errors, or misrepresentations of any kind in our Services;
- Damage to your hardware device as a result of utilizing items offered on the Platform or our Services;
- the content, actions, or inactions of third-party users of our Services;
- a suspension or other action taken by us in relation to your use of the Services;
- the time or manner in which your listings appear in search results; or your need to adjust practices, content, or behavior as a result of changes to these Terms of Use; or your loss of or lack of ability to do business as a result of changes to these Terms of Use.
- 5.4 Subject to clause 5.1, if clauses 5.2 or 5.3 are deemed unenforceable or inapplicable for any reason, then the total liability applicable to us, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors to you, whether based on an action or claim in contract, negligence, or breach of statutory duty, or otherwise, any liability arising out of or in connection with these Terms of Use shall be limited to the lesser of:
- the price at which the item was sold on our Platform, as well as the original shipping charges; and
- the amount in dispute not to exceed the total fees paid to us in the twelve (12) months preceding the action giving rise to the obligation; or
- The price of AED 100.
- 5.5 You agree to indemnify and hold us, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors from and against any liabilities, harm, and expenses (including legal fees and attorney’s fees) arising out of or relating to:
- any third-party claims or demands resulting from or arising from your use of the Services;
- your breach of any of these Terms of Use, including, without limitation, the warranties, representations, and undertakings;
- your infraction of any relevant laws, including, but not limited to, data protection or anti-spam legislation; or
- the way you use our Services, including, without limitation, that the content you post, the items you list, or your trademarks infringe on any third party’s Intellectual Property Rights, or that the content of your listings is slanderous, defamatory, obscene, or violates any other third party’s rights (including privacy rights) (including other Platform users).
6 TERMINATION, CANCELLATION & SUSPENSION
- 6.1 We may, in our sole discretion, limit, suspend, or permanently withdraw your access to our Services, cancel any product(s) purchase, and/or delete hosted material supplied by you for any reason, including, without limitation, the following:
- If we think you have infringed, broken, violated, misused, or unethically manipulated or exploited any term of these Terms of Use, we may suspend or terminate your account.
- If you use our Platform or Services for any illegal or fraudulent reasons, or in conjunction with a criminal offense, or if you violate our terms and conditions;
- You’ve been accused of stockpiling or putting large orders. Inventory abuse or placing large orders includes (but is not limited to) the following:
- The products ordered are for business resale, not for personal consumption;
- Depending on the product category, several orders for the same product were placed at the same address;
- Ordered in bulk quantities of the same commodity;
- The address mentioned in the order detail is incorrect.
- 6.2 If you are suspected of behaving fraudulently, or if you file incorrect and/or false claims, or give inaccurate, incomplete, or misleading information, we retain the right to take necessary action. If any of the following (without restriction) conditions are satisfied, you may be deemed to be participating in fraudulent activity:
- you do not respond to our payment verification email;
- during the payment information verification, you fail to present sufficient papers;
- you make use of credentials that do not belong to you;
- you use an incorrect address, email address, and phone number;
- you make an attempt to abuse a coupon code;
- you return an item that is incorrect or damaged;
- you don’t want to pay for something;
- you pay for COD items using false currency notes;
- you abuse or harass delivery workers;
- you engage in various behaviors with the express goal of causing business/revenue loss to us;
- your return, undeliverable rate is very high, and many of the returned products are missing, fake, or damaged; or
- requests for monetary compensation have been made several times.
- 6.3 We may remove any content or other materials pertaining to your use of the Service (including any credits earned through loyalty programs or reward points) if your access to our Services or Platform is terminated for any reason, and we will have no obligation to you or any third party for doing so. However, we may save the information of your transactions for tax or regulatory purposes.
- 6.4 Any funds paid and received by us in respect to a cancelled product(s) purchase will be returned, for the avoidance of doubt.
7 PAYMENT GATEWAY
- 7.1 Visa or MasterCard debit and credit cards in AED will be accepted for payment
- 7.2 We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE
- 7.3 Customers using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website
- 7.4 Cardholder must retain a copy of transaction records and Merchant policies and rules
- 7.5 Once the payment is made, the confirmation notice will be sent to the customer via email within 24 hours of receipt of payment.
8 REPORTING VIOLATIONS OF THESE TERMS OF USE
- 8.1 We are dedicated to ensuring that all featured products and information on our Platform abide by our Terms of Use. If you feel a listed item or piece of material violates our Terms of Use, please contact us on [email protected] and we will look into it.
9 GENERAL
- 9.1 Governing Law: The laws of the United Arab Emirates shall govern and construe these Terms of Use, as well as any non-contractual rights or duties arising out of or in connection with them.
- 9.2 Resolution of Disputes: Please contact us if you have a problem with our services. We will make every effort to fix your problem as quickly as possible. Any disputes or claims arising out of or in connection with these Terms of Use, including any non-contractual rights or duties arising out of or in connection with these Terms of Use, will be referred to and eventually resolved by arbitration under the Arbitration Rules of Procedure. The language to be used in the arbitration shall be English.
- 9.3 Rights of a Third Party: Any term of these Terms of Use cannot be enforced by anybody who is not a party to them.
- 9.4 Relationship of the Parties: Nothing in these Terms of Use will be deemed or construed by the parties or any third party to create a relationship of partnership, joint venture, or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
- 9.5 Additional Assurances: The parties will do and execute, or arrange for the doing and execution of, every act, document, and thing reasonably within their power to implement and give effect to these Terms of Use to the fullest extent possible, including, without limitation, assisting each other in complying with applicable law.
- 9.6 Assignment: These Terms of Use shall be binding on and benefit the parties, as well as their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or responsibilities under them, whether directly or indirectly, without first getting our prior written approval, which will not be refused unreasonably.
- 9.7 Complete Agreement: These Terms of Use and the documents referenced to or incorporated by reference herein constitute the parties’ complete agreement with respect to the subject matter and supersede all prior agreements, discussions, and representations, written or oral, pertaining to it. There are no conditions, representations, guarantees, undertakings, or agreements between the parties, whether direct, indirect, collateral, express or implied, except as stated in these Terms of Use and the materials referred to or included into these Terms of Use by reference.
- 9.8 Amendment: You may not change, vary, alter, or supplement these Terms of Use in any manner. We retain the right, at any time and from time to time, to alter, vary, amend, or augment these Terms of Use. We shall post the most recent version of these Terms of Use on the Platform, and any changes will become effective upon posting on the Platform or on the date we designate as the “effective date”. Your continued use of the Services following any such modification represents your agreement to be governed by and acceptance of the amended Terms of Use.
- 9.9 Severability: If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms of Use, and the remaining provisions will remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not materially affected to both parties.
- 9.10 Unforeseen Circumstances: Neither party shall be liable for any loss or damage, or for any delay or failure in performance, caused by events beyond its reasonable control (including acts of God, legislative, judicial, or regulatory acts of any provincial or federal government, court, or regulatory body, acts of any of our subcontractors or third-party providers of products or services to us, including labour disruptions, blackouts, and embargoes).
- 9.11 No Waiver: Any waiver by us of any of these Terms of Use provisions will not constitute a waiver of any other term (whether similar or not), nor will any such waiver represent a continuous waiver of that specific provision, unless expressly provided for in writing by us.
- 9.12 Communications: You may reach us via email or social media.
- 9.13 Survival: All terms that expressly or by their nature survive will be preserved in the event that your participation in the Platform is suspended or terminated.
