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Version applicable from 10-11-2025
1. Parties and Platform
1.1 Klozy Group – FZCO is a free‑zone company incorporated under the regulations of the International Free Zone Authority, Dubai, United Arab Emirates, under company number 61407, with its registered office at Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates (hereinafter “Klozy,”, “company,”, “we,” “us,” or “our”).
1.2 We own and operate various websites, mobile applications, and associated digital interfaces (collectively, the “Site”).
1.3 Through the Site, Klozy offers the following services (together, the “Services”):
(a) We operate an online platform that facilitates contact between persons wishing to sell goods (“Sellers”) and persons wishing to purchase such goods (“Buyers”). Klozy neither buys nor sells any item listed in the electronic catalogue (“Catalogue”) and is not a party to any resulting sale‑and‑purchase agreement (“Transaction”).
(b) For a fee automatically applied to every Transaction, we provide a payment‑protection mechanism that (i) ensures the secure processing of the Buyer’s funds and (ii) entitles the Buyer to a refund if the purchased item (“Item”) is lost, damaged, or materially inconsistent with its description, subject to assessment by our customer‑support team.
(c) We may, from time to time, offer additional services to Buyers or Sellers, each of which will be described in detail on the Site.
1.4 Klozy is responsible solely for the proper performance of the Services identified in Clause 1.3, in accordance with applicable law and these Terms.
1.5 User Status and Eligibility
1.5.1 Any natural person who creates an account on the Site (“Account”) and uses the Services is a “User.” Depending on the activity, a User may act as:
(a) a Seller, by listing one or more Items for sale in the Catalogue; and/or
(b) a Buyer, by selecting an Item (or a bundle of Items), providing the requisite payment details, and confirming the purchase by activating the “Pay” function.
1.5.2 By opening an Account and using the Services, you represent and warrant that you:
(a) are at least twenty‑one (21) years of age;
(b) will use the Services exclusively for personal, non‑professional purposes,
(c) have full legal capacity and authority to enter into and perform Transactions on the Site; and
(d) have read, understood, and accepted these Terms.
2. Scope and Acceptance of These Terms
2.1 These terms and conditions (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Klozy Group – FZCO “Klozy,”, “company,”, “we,” “us,” or “our”). They regulate your access to, and use of, the Site and all Services made available through it.
2.2 You acknowledge and agree to be bound by these Terms:
(a) when you create a personal Klozy account (an “Account”) and click the button or checkbox signifying acceptance; or
(b) upon any subsequent notification from us that the Terms have been updated, by continuing to use the Site or the Services.
3. Contact and Reporting Procedures
3.1 If you become aware that another User has acted unlawfully, infringed the rights of a third party, or breached these Terms, you may notify us by either:
(a) following the incident-reporting procedure; or
(b) completing the Illegal-Item Report Form where the matter concerns items that violate intellectual-property or other applicable laws.
Upon receipt, we will take all reasonable steps to protect the affected party and, where appropriate, cooperate with the competent authorities.
3.2 Should you have a disagreement with us, please submit the details via our Dispute Form so that we may seek an amicable resolution without delay.
3.3 All other questions, requests, or formal notices may be sent by e-mail to contact@klozy.store
4. User Registration and Account Security
4.1 To open a personal Klozy account (“Account”), you must supply: (i) First name and Last name (ii) Physical address (iii) a valid e-mail, (iiii) a mobile telephone number, and (iiiii) a unique username and password of your choosing (iiiiii) A description (optional) (iiiiiii) A profil photo)
4.2 During registration—and at any time while you use the Services—Klozy may, on a proportionate basis, require you to:
(a) confirm or update Account details (e.g., telephone number, e-mail address, or payment method);
(b) provide additional information relevant to your use of the Services;
(c) correct or complete any inaccurate or incomplete data; and/or
(d) answer security questions.
These measures enable us to verify that it is you who is accessing the Account and executing Transactions. Failure to cooperate or the provision of false or incomplete information may result in corrective action, including temporary or permanent Account suspension (see Section 14.7).
4.3 Each User is permitted to hold one Account only. If an Account is blocked owing to unauthorised takeover, you may open a replacement Account once the compromise has been confirmed by Klozy.
4.4 From time to time, we may run special offers or promotions (“Promotions”) for selected or all Users, subject to eligibility criteria determined by us. Certain Site features or functionalities may be modified or temporarily unavailable during a Promotion.
4.5 Some Site functions utilise tools or services supplied by third parties and are therefore governed by the third party’s own terms and conditions.
4.6 For the purpose of improving User experience, Klozy may reorganise the Catalogue, advertising spaces, or other on-Site information from time to time. Such changes shall not affect (i) any content you have provided or (ii) our obligations to you under these Terms.
5. Personal Data and User Content
5.1 Klozy will process your personal data solely for the purpose of performing its obligations and exercising its rights under these Terms and for delivering the Services. Details of our data-handling practices are set out in the Privacy Policy, which you must read carefully.
5.2 While Klozy deploys robust technical and organisational measures to safeguard personal data, no system is immune from cyber-attack. Accordingly, any personal data or other information you choose to provide is submitted at your own risk.
5.3 By uploading, posting, or otherwise transmitting any text, images, audio, video, or other material (“Content”) via the Site, you grant Klozy a world-wide, non-exclusive, royalty-free licence for the duration of the applicable intellectual-property rights to copy, display, adapt, and otherwise use such Content for operational, commercial, advertising, or internal business purposes, via any medium or platform (including television, print, websites, banners, and social-media channels such as Facebook, X /Twitter, and Instagram).
6. User Obligations and Prohibited Conduct
6.1 User Obligations
As a condition of your use of the Site and Services, you shall:
Comply with these Terms and all applicable laws and regulations.
Provide complete, truthful, and up-to-date information about yourself when registering and promptly update your Account to reflect any changes (e.g., a new home address).
Maintain the confidentiality of your Account login credentials and immediately notify us if you suspect any unauthorised use or takeover of your Account.
Retain full responsibility and all rights for any information, photographs, or other data you upload to the Site (collectively, your “Content”).
6.2 Prohibited Conduct
When creating an Account or using the Site or Services, you shall not:
Engage in any activity that is unlawful, unethical, or contrary to public order, or that infringes the rights of Klozy or any third party (including rights of privacy, confidentiality, or intellectual property).
Use unauthorised automated tools—such as bots, scrapers, crawlers, or spiders—for registering, promoting Items, adding favourites, or otherwise interacting with the Site or Services, unless expressly permitted by us.
Deploy any software or code that could disrupt, impair, infect, or damage the Site, our infrastructure, or another User’s device.
Copy, adapt, distribute, publish, or commercialise any materials on the Site without our prior written consent.
Data mine, screen-scrape, disassemble, decompile, or reverse-engineer any portion of the Site or underlying software.
Post any Content that advocates or glorifies terrorism, hate speech (including racism, xenophobia, homophobia, or sexism), discrimination, human trafficking, organised crime, self-harm, suicide, torture, cruelty to animals, war crimes, or sexual exploitation of minors or adults.
Delete and re-list the same Item multiple times or bulk-list duplicate Items in an attempt to manipulate visibility.
Collect, hold, or disclose personal data or other information about Users or their activities on the Site obtained through unlawful means.
Promote external websites, services, or commercial entities via advertisements or other means on the Site.
Failure to adhere to these obligations and restrictions may result in corrective action, including suspension or termination of your Account and access to our Services.
7. Enforcement and Account Restrictions
7.1 If we determine that you have breached these Terms or engaged in clearly unlawful conduct, we may, at our discretion, take one or more of the following actions:
Issue you a written warning;
Remove or correct your Listings in the Catalogue;
Demote, hide, or delete your Content;
Conceal private messages you have sent;
Restrict access to certain Site features (for example, messaging or public visibility of your Items); or
Notify the competent authorities if there is a credible threat to life or safety.
7.2 We may temporarily or permanently block your Account if:
You continue to breach these Terms after receiving one of the remedial measures above;
You commit a serious violation—for example, providing false or misleading Account information, refusing to cooperate with our verification requests, or abusing Site functionality; or
Any of the high-risk circumstances in clause 7.4 arise.
When your Account is blocked:
You will lose access to the Site except to contact our Customer Support.
Your Items will be delisted from the Catalogue.
We will not refund any paid Seller Services you have already used.
You may complete pending Transactions and Payouts unless the block is for security or fraud reasons (see below).
If the block is due to security or fraud concerns—such as a report from an external Provider (Payment Processor), an Account compromise, or a need to protect legitimate interests—then, in addition:
Pending Transactions may be cancelled and Buyers refunded;
Your ability to request a Payout may be restricted;
Any compensation claim you submit may be denied; and
You may be prevented from opening a new Account.
7.3 We may deploy automated software or algorithms to detect breaches and enforce the measures above. We may also act on notifications received from law-enforcement or regulatory authorities.
7.4 Prior notice, we may enforce remedial measures or block your Account if we receive credible information or have reasonable grounds to believe that you have:
Engaged in illegal activity (e.g., money-laundering, terrorist financing, fraud, identity theft, or use of false documents), as reported by a Payment Processor;
Misused the Site in the context of a Transaction dispute;
Posted or enabled Content likely to threaten health, safety, public order, or legitimate economic interests (e.g., hate speech, sexual abuse of minors, terrorism, or system-security risks);
Used unauthorised automated tools in breach of Section 6;
Allowed a minor (under 21 years old) to operate your Account;
Posed a security threat to our IT systems; or
Performed any act exposing Klozy to legal or regulatory liability.
7.5 All enforcement measures shall be proportionate to the nature and severity of the violation and shall take your interests into account.
7.6 When we impose a remedial measure or block your Account, we will inform you of:
The reason(s) for our decision;
The specific restrictions applied;
The factual and legal basis for the action;
Whether automated decision-making was used; and
Your available remedies under Section 7.7.
We may withhold such notice if disclosure would: (a) violate applicable law or a legal authority’s directive, or (b) compromise a fraud investigation.
7.7 You may challenge any remedial action or Account block by:
Submitting an appeal via the contact email provided in our enforcement notice;
Referring your dispute to a certified out-of-court dispute-resolution body; or
Initiating legal proceedings before a court of competent jurisdiction under applicable law.
Appeals will be reviewed promptly by qualified personnel.
8 Payment of Items and Services
8.1. For ease and convenience, the Company provides multiple methods of payment for Items and/or Services purchased through the Site. Payments may be effected by means of:
credit card or debit card;
Payment processors (such as Stripe);
Apple Pay or Google Pay; or
any other payment method which the Company may, from time to time, make available on the Site.
8.2. The Company utilises duly authorised third-party payment service providers (the “Payment Processors”) to process online payments relating to Items or optional Services. The Company may also engage third-party providers to securely store payment method information. The Company itself does not process or hold payment card details.
8.3. While the Company shall provide reasonable assistance to facilitate the use of Payment Processors, it does not itself handle, process, or control any payments made on the Site.
8.4. In respect of the purchase of an Item, all amounts paid by a Buyer shall be deposited into a segregated escrow account administered by a duly appointed wallet provider (the “Wallet Provider”). Funds shall remain in escrow until completion of the relevant Transaction, at which point the Item price and any shipping charges paid (excluding any prepaid shipping fees) shall be released to the Seller.
8.5. It is the Buyer’s responsibility to ensure that all payment details provided are accurate and up to date. Payments may be declined or cancelled, or the Buyer may be required to provide proof of ownership or authorisation of a payment method, should the automated fraud-detection systems identify a risk of unauthorised use, theft, or other irregularity.
9 User Communications and Reviews
9.1. The Site provides Users with the functionality to exchange private messages in relation to an Item. Such private messaging shall be used exclusively for legitimate purposes connected to the negotiation, purchase, or sale of Items.
9.2. Users shall refrain from sending private messages for any purpose other than as set out in Clause 9.1 above. In particular, Users are expressly prohibited from transmitting messages that:
contain or constitute advertisements or promotional content unrelated to the Item;
include or distribute malware, viruses, or any other harmful software;
comprise unsolicited or bulk communications directed to five (5) or more Users (commonly referred to as "spam"); or
are, or could reasonably be considered, illegal, obscene, offensive, harmful, unethical, threatening to public order or security, inappropriate, or otherwise contrary to the best interests of the Company, the Site, or its Users.
9.3. Upon completion of a Transaction, a User may elect to submit a review regarding the Transaction and/or the counterparty User. All reviews posted on the Site shall be fair, honest, and based on the User's genuine experience.
9.4. Klozy shall not provide any form of remuneration, consideration, or incentive in exchange for the submission of a review. Furthermore, the Company does not, prior to publication, monitor, edit, or verify the content of reviews. Reviews are published at the sole discretion and responsibility of the submitting User.
10. Termination of the Relationship
10.1. A User may terminate its relationship with Klozy, and cease use of the Services, at any time and without charge, by either:
deleting its Account through the Site; or
providing written notice to the Company at the contact addresses designated on the Site.
10.2. The Company may, at its sole discretion, terminate these Terms and the User’s access to the Services at any time and for any reason, subject to providing the User with not less than thirty (30) days’ prior written notice.
10.3. Upon termination by either Party, these Terms shall remain in full force and effect solely to the extent necessary to ensure completion of any pending Transactions and the processing of any outstanding Payouts. Once such obligations have been fulfilled, the contractual relationship between the Parties shall be deemed fully terminated.
11. Sale of Items on the Site
11.1. The Seller must hold full legal title to, and the unencumbered right to transfer ownership of, such Item to a Buyer.
11.2. Any Item offered for sale on the Site must:
comply in all respects with these Terms;
comply with any restrictions, requirements, or prohibited item lists applicable under the policies of the relevant Payment Processor, where applicable; and
not consist of goods acquired in bulk, or via dropshipping arrangements, which the Seller does not physically possess and/or which are of minimal resale value.
11.3. In order to list an Item for sale, the Seller shall upload original photographs and provide a written description of the Item. Neither the photographs nor the description may be copied or reproduced from third-party sources (including the internet). The description must accurately and fairly depict the quality, characteristics, and appearance of the Item, including any defects, alterations, or material issues.
11.4. Once published in the Catalogue and made available on the Site, the listing shall constitute a formal offer by the Seller to sell the Item, capable of acceptance by a Buyer through the Site.
11.5. Where a Buyer submits a counteroffer with respect to an Item, acceptance of such counteroffer by the Seller shall not itself constitute a binding sale. The Item shall be deemed sold only once the Buyer has confirmed the purchase by clicking the designated purchase button and the corresponding payment has been successfully processed.
11.6. The Seller may withdraw a listing at any time prior to the completion of a purchase by a Buyer.
11.7. The Company employs automated tools and algorithms to analyse, categorise, and recommend relevant listings and information to Users browsing the Site.
12. Purchase of Items
12.1. In order to purchase an Item listed in the Catalogue, a Buyer must complete the following steps:
click the designated purchase button in relation to the Item;
Select the desire option between: “Make an offer” or “Purchase the item”
select a preferred payment method and delivery option; and
confirm the purchase by clicking the payment confirmation button on the checkout page.
12.2. For each Transaction, the Buyer shall pay the following amounts, which shall be deposited into escrow and held until completion of the Transaction:
the Item price;
the applicable shipping fee;
the Buyer Protection fee; and
the Transation fee;
any fees relating to optional services selected by the Buyer (where applicable).
12.3. Klozy shall receive status updates from the relevant carrier and shall notify the Buyer of the expected delivery date of the Item or, as the case may be, of any indications that the Item has been lost in transit. Further details of the delivery process are set out in the chapter below.
12.4. Transactions completed outside the Site are undertaken entirely at the Buyer's own risk. The Company shall have no responsibility or liability in respect of any Item purchased offline or outside the Site, and such transactions shall not benefit from, or fall within, any of the protections or guarantees applicable to Transactions made through the Site.
13. Buyer Protection
13.1. The Buyer Protection programme provides Buyers with a contractual right to request a refund in specific circumstances, namely where an Item is lost, damaged, undeliverable, or materially inconsistent with its description. Refund requests shall be administered by the Company's Customer Support team in accordance with the Refund Policy and the applicable logistics provider’s return and liability terms.
13.2. All payments relating to a Transaction shall be held in escrow until such time as the Transaction is deemed completed. For the avoidance of doubt, Buyer Protection does not constitute insurance, nor does it constitute legal protection. It is an additional contractual benefit granted to Buyers, in addition to any statutory rights or guarantees conferred by law. Buyer Protection is mandatory and applies to each purchase made using the designated purchase button, subject to payment of the corresponding fee
Refund Policy
13.3. A Buyer shall be entitled to request a refund in respect of an Item where the Item is:
confirmed as lost or damaged during shipping;
materially inconsistent with its description or photographs provided in the Catalogue (a "Significantly Not As Described" or SNAD Item). By way of illustration, this includes incorrect size, incorrect colour, material damage such as stains, or holes, or the omission of an Item from a bundle; or
reasonably suspected to be counterfeit (a "SNAD Counterfeit Item").
13.3 bis In accordance with the logistics provider’s policy, if delivery cannot be completed after two (2) attempts due to incorrect or incomplete address details, recipient unavailability, or refusal to accept the shipment, the parcel shall be marked as “Return to Sender” (RTS). The shipment will be held for seven (7) calendar days from the date of collection, after which it may be returned to the Seller or disposed of by the carrier. Return freight, duties, taxes, and storage fees, if applicable, shall be charged to the Seller unless the non-delivery results from the carrier’s fault.
Refund Request Period
13.4. In the event of an issue, the Buyer must notify Klozy by selecting the "I have an issue" function within the private messaging screen within two (2) calendar days from the Company's notice that the Item has been delivered or appears lost (the "Refund Request Period").
13.5. Upon such notification, the Transaction shall be suspended, and all amounts shall remain in escrow until resolution. Failure to notify the Company within the Refund Request Period shall result in automatic completion of the Transaction.
Handling SNAD Items (excluding Counterfeit)
13.6. The Buyer is encouraged to first engage with the Seller in good faith to seek an amicable resolution.
13.7. Where the Buyer reports an Item as SNAD within the Refund Request Period, the Company shall notify the Seller, who may:
elect not to require return of the Item and authorise a refund; or
require return of the Item within five (5) business days as a condition of refund. In such case, the Buyer shall bear the cost of return shipping unless otherwise agreed.
13.8. From the time of notification to the Seller, the Seller shall have two (2) days to either:
confirm receipt and condition of the returned Item, following which the Buyer shall receive the refund; or
dispute the return, in which case funds shall remain in escrow until resolution.
13.9. Where the purchase included a bundle of Items, the Buyer may return only the SNAD Item(s).
13.10. If the Seller fails to take the actions described in Clause 13.7 within fourteen (14) days of the Buyer's report, or if either Party escalates the matter, the Company's Customer Support team shall issue a final and binding determination.
Handling SNAD Counterfeit Items
13.11. Where a Buyer alleges that an Item is counterfeit, the Company shall investigate the matter by collecting evidence from both Buyer and Seller.
13.12. If the authenticity of the Item is not reasonably in doubt, the Transaction shall be completed, and escrowed funds released to the Seller.
13.13. Where authenticity cannot be determined, the Transaction shall be deemed ambiguous. In such cases, the Transaction shall be cancelled, the Buyer refunded, and the Buyer required to return the Item at their expense (unless otherwise agreed).
13.14. Where there is compelling evidence of counterfeit, the Company shall notify the Seller, who shall have twenty-four (24) hours to provide proof of authenticity. If the Seller fails to provide adequate evidence, the Transaction shall be cancelled, and the Buyer refunded without being required to return the Item.
13.15. In all cases escalated to the Company, both Buyer and Seller undertake to provide requested information promptly. The Company's determination regarding eligibility for refund under this Refund Policy shall be final and binding.
Exclusions
13.16. No refund shall be granted where the Buyer:
reports an Item as SNAD, but the Item is determined not to be SNAD;
has already confirmed receipt and acceptance of the Item;
fails to notify the Company within the Refund Request Period;
fails to provide proof of damage or SNAD within the timeframes required;
has used, washed, or altered the Item prior to return; or
is under investigation for abuse or misuse of the Buyer Protection policy.
13.16 bis In accordance with the carrier’s terms, undelivered shipments will be held for seven (7) calendar days before automatic return or disposal. The Seller shall bear all associated return or disposal costs unless otherwise agreed.
Refundable Fees
13.17. Refunds may include reimbursement of certain associated fees, subject to the Company’s review and approval.
Unless otherwise stated, shipping and return fees are non-refundable except where the Item is confirmed as lost or damaged in transit, in which case the Buyer shall be refunded in full, and the Seller shall be compensated by the carrier up to the standard liability limit of AED 100 per shipment, unless extended coverage (“Protect+”) has been obtained.
14. Shipping and Delivery Responsibilities
14.1. The Company is not itself a carrier or postal service provider and does not physically handle, sort, deliver, or otherwise deal with any Item purchased on the Site during the course of shipment.
Shipments are executed by third-party logistics providers (EMX LLC) operating under their own terms and conditions, which are incorporated by reference to this Agreement.
14.2. Seller Responsibilities.
15.2.1. Where the Seller elects to ship an Item using the Company’s prepaid shipping service (“Prepaid Shipping”), the Seller must comply strictly with the logistics provider’s requirements, the Seller must also ensure that the parcel does not exceed 120 × 80 × 60 cm or 30 kg, is properly sealed, and bears appropriate “Fragile” markings where applicable.
15.2.2. Failure to comply with such rules, these Terms, or the Catalogue Rules may result in ineligibility for refund or compensation in the event of loss or damage to a parcel in transit.
14.3. Lost or Damaged Parcels.
15.3.1. In the event of a dispute regarding the loss of, or damage to, an Item in transit, the information provided by the Company’s prepaid shipping service or by the relevant carrier shall be deemed accurate and binding unless the User provides credible evidence to the contrary prior to completion of the Transaction.
14.3.2. Where an Item has been properly packaged but is lost or damaged during transit using Prepaid Shipping:
• the Buyer shall be entitled to a refund in accordance with the Refund Policy (under Buyer Protection); and
• the Seller shall be entitled to compensation from the logistics partner in respect of the lost or damaged Item, limited to the lesser of the declared value or AED 100 per shipment, unless additional coverage (“Protect+”) has been purchased.
14.4. Non-Prepaid Shipping.
Where the Seller uses a shipping method other than Prepaid Shipping, the Seller shall bear full responsibility for any loss or damage to the parcel during transit. In such cases, the Seller shall be solely responsible for pursuing claims for compensation directly with the relevant carrier, and the Company shall have no liability or obligation in respect thereof..
14.5. Undeliverable or Returned Shipments.
Where a shipment cannot be delivered after two (2) attempts, it shall be marked as “Return to Sender” (RTS) and held by the carrier for seven (7) calendar days. Thereafter, the carrier may return the shipment to the Seller or dispose of it.
Return freight, duties, taxes, and storage fees, if applicable, will be charged to the Seller unless the shipment was undeliverable due to the carrier’s fault. The Buyer will not be refunded where the refusal or failure to accept delivery is unjustified.
15. Ownership of the Site and Availability
15.1. The Site, including without limitation its system architecture, layout, software, source code, design, trademarks, trade names, logos, and domain names, together with all related intellectual property rights, are and shall remain the exclusive property of Klozy or its licensors. Users acknowledge that they acquire no rights, title, or interest in or to the Site other than the limited right of access and use expressly granted under these Terms.
15.2. The Company shall not be liable for interruptions or unavailability of the Site caused by maintenance, updates, system upgrades, or events beyond the Company's reasonable control (including force majeure events).
15.3. Taking into account the legitimate interests of Users, and where reasonably practicable having regard to relevant factors such as Site security and operational integrity, the Company shall endeavour to:
notify Users of planned or existing availability restrictions;
schedule downtime outside of peak usage hours; and
limit downtime for regular maintenance to a reasonable duration consistent with prevailing industry standards.
16. Responsibilities of Users and the Company
16.1. User Responsibilities.
When accessing or using the Site and Services, each User shall be solely responsible for:
all Content (including but not limited to reels, listings, images, and descriptions) uploaded, published, or otherwise made available through the Site under the User's Account;
all Items listed, offered, sold, and/or transferred by the User, including any statements, representations, or declarations made in relation to such Items;
all reviews published by the User on the Site; and
any disputes, claims, or liabilities arising directly or indirectly from the User's actions or omissions.
16.2. Taxation.
Each User shall be solely responsible for any and all tax liabilities, filings, or reporting obligations that may arise from their use of the Site, including but not limited to income, value added, or sales taxes. The Company shall have no responsibility in this regard.
16.3. Hosting Services.
The Company provides the Site as a hosting service for Users. The Company does not conduct general or systematic monitoring of Content, Items, or listings published by Users.
16.4. Limitation of Liability.
To the maximum extent permitted by applicable law, the Company shall have no liability to any User for loss or damage arising in connection with a Transaction, except to the extent expressly provided for:
under the Buyer Protection programme;
in these Terms; or
pursuant to mandatory legal obligations applicable to the Company.
17. Dispute Resolution
17.1. Amicable Resolution.
The Parties acknowledge the importance of maintaining a transparent and cooperative relationship. In the event of any dispute, controversy, or claim arising out of or in connection with these Terms (including any question regarding their existence, validity, interpretation, performance, or termination), the User shall first notify the Company in writing and allow a period of thirty (30) days for the Parties to attempt to resolve the matter amicably through good faith negotiations.
17.2. Mediation.
If the dispute is not resolved within the thirty (30) day period referred to in Clause 18.1, the Parties shall submit the matter to mediation administered by a recognised mediation body in Dubai, such as the Dubai Mediation Centre, or such other mediation institution as the Parties may mutually agree. Unless otherwise agreed, the mediation shall be conducted in the English language.
17.3. Jurisdiction.
In the event that mediation does not resolve the dispute, the matter shall be referred to and finally determined by the competent civil courts of the Emirate of Dubai, United Arab Emirates, which shall have exclusive jurisdiction.
17.4. Interim Relief.
Nothing in this Clause shall restrict either Party from seeking urgent interim or injunctive relief before the courts of Dubai where such relief is necessary to preserve rights or prevent irreparable harm pending the outcome of mediation or final determination.
18. Miscellaneous Provisions
18.1. Updates to these Terms.
The Company may, from time to time, amend or update these Terms. The manner and timing of notification to Users of such amendments shall depend on the nature and materiality of the change.
Such amendments shall operate prospectively only and shall not affect any Transactions concluded prior to the effective date of the change.
18.2. Right of Termination Following Amendments.
If a User does not agree to the amended Terms, the User may terminate the contractual relationship without charge, subject to completion of any pending Transactions.
18.3. Assignment.
The Company may transfer or assign its rights and obligations under these Terms to another entity, provided that Users are notified no less than thirty (30) days in advance. In such case, a User may immediately terminate these Terms by closing its Account if it does not consent to the transfer. Users shall not transfer or assign their rights or obligations under these Terms to any third party without the prior written consent of the Company.
18.4. Relationship of the Parties.
Nothing in these Terms shall be construed as creating any partnership, joint venture, employment, fiduciary, or agency relationship between the Parties. Neither Party shall have the authority to contractually bind or otherwise obligate the other Party in any manner.
18.5. Severability.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or competent authority, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
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