Term & Conditions
ABOARABY.COM
Terms and Conditions
Effective
Date……. September 2022
INTRODUCTION
Welcome to
ABOARABY.COM LLC website – www.Aboaraby.com.com (the “Site”). These terms &
conditions (“Terms and Conditions”) apply to the Site, and all of its
divisions, subsidiaries, and affiliate operated Internet sites, which reference
these Terms and Conditions.This website is owned and operated by ABOARABY.COM
LLC. For the purposes of this website, “seller”, “we”, “us” and “our” all refer
The “Aboaraby.com” We, Aboaraby.com, a company registered in
united states and operating within the ambit of the laws of the united states
and European Union (EU), and having our registered office at ABOARABY.COM
USA…..
ABOARABY.COM store is
hosted on Shopify Inc. They provide us with the online e-commerce platform that
allows us to sell our products and services to you.
About ABOARABY.COM
ABOARABY.COM
is a marketplace that allows users and visitors to offer, sell and buy
products, goods and services in various geographic locations area around the
globe using.
Any
guidance Aboaraby.com provides as part of our Services, such as pricing,
shipping, listing, and sourcing is solely informational and you may decide to
follow it or not. We may help facilitate the resolution of disputes between
buyers and sellers through various programs.
CHANGES
The Site
reserves the right, to change, modify, add, or remove portions of both the
Terms and Conditions at any time. Changes will be effective when posted on the
Site with no other notice provided. Please check these Terms and Conditions
regularly for updates. Your continued use of the Site following the posting of
changes to these Terms and Conditions constitutes your acceptance of those
changes.
Kindly
review the Terms and Conditions listed below diligently prior to using this
website as your use of the website indicates your agreement to be wholly bound
by its Terms and Conditions without modification.
You agree
that if you are unsure of the meaning of any part of these Terms and Conditions
or have any questions regarding the Terms and Conditions, you will not hesitate
to contact us for clarification. These Terms and Conditions fully govern the
use of this website. No extrinsic evidence, whether oral or written, will be
incorporated.
Your
privacy
Where we
collect your personal information as a result of your accessing and using this
website, our Privacy Policy will apply to that information. Accordingly, these
Terms must be read in conjunction with our Privacy Policy.
USES
OF THE WEBSITE
You
confirm that you are at least 16 years of age or are accessing the Site under
the supervision of a parent or legal guardian.Both parties agree that this
website may only be used in accordance with these Terms and Conditions. If you
do not agree with the Terms and Conditions or do not wish to be bound by them,
you agree to refrain from using this website.
These
Terms and Conditions specifically prohibit actions such as: accessing our
servers or internal computer systems, interfering in any way with the
functionality of this website, gathering or altering any underlying software
code, infringing any intellectual property rights. This list is non-exhaustive
and similar actions are also strictly prohibited.
Any breach
of these Terms and Conditions shall result in the immediate revocation of the
license granted in this paragraph without prior notice to you. Should we
determine at our sole discretion that you are in breach of any of these
conditions, we reserve the right to deny you access to this website and its
contents and do so without prejudice to any available remedies at law or
otherwise.
Certain
services and related features that may be made available on the Site may
require registration or subscription. Should you choose to register or
subscribe for any such services or related features, you agree to provide
accurate and current information about yourself, and to promptly update such
information if there are any changes. Every user of the Site is solely
responsible for keeping passwords and other account identifiers safe and
secure.
The
account owner is entirely responsible for all activities that occur under such
password or account. Furthermore, you must notify us of any unauthorized use of
your password or account. The Site shall not be responsible or liable, directly
or indirectly, in any way for any loss or damage of any kind incurred as a
result of, or in connection with, your failure to comply with this section.
During the
registration process you agree to receive promotional emails from the Site. You
can subsequently opt out of receiving such promotional e-mails by clicking on
the link at the bottom of any promotional email.
Our
intellectual property
The entire content of this website is
protected by copyright and other laws of united states, and under similar laws and
international conventions abroad. You acknowledge and agree that all copyright
and other intellectual property rights that may subsist in this website
including text, illustrations, photographs, video, music, sounds, layout,
designs, source code, belong to us or to our licensors (together, 'our
intellectual property'). We value our intellectual property and will vigorously
enforce those rights to the fullest extent permitted by law.
Limited
permission to use
You may view, download, or print portions
of this website (and you may otherwise use the permitted functionality of this
website) solely for your own personal use, provided that you agree not to
change or delete any copyright or proprietary notices from such portions. You
must not otherwise print or reproduce any part of this website for any reason
except with our prior written consent in each instance. By making this website
available to you, we do not give you any other right, title, interest, or
licence in or to any of our intellectual property.
Restrictions
a.
You must not access or use this website other than in accordance with
these Terms. In the course of accessing and using this website, you must not:
b.
copy, distribute, resupply, republish, upload, post, transmit, sell,
prepare derivative works from, or otherwise deal with our intellectual property
except as expressly permitted under these Terms or otherwise with our prior
written consent in each instance;
c.
disrupt or interfere with this website, or any other software, hardware or
network associated with this website;
d.
use simultaneous, unattended, or continuous connections to this website or
otherwise use this website in a manner that adversely affects the availability
of its resources to other users;
e.
send unsolicited electronic messages or to otherwise harass, threaten,
abuse, embarrass, or cause distress, unwanted attention, or harm to any person;
f.
transmit any files or material of any kind which contain a virus,
corrupted data, or other malicious code (whether via this website or in any
email that you send to us);
Our
trade-marks
You
acknowledge and agree that ABOARABY.COMLLC and www.Aboaraby.com.com are our trade marks ('our trade marks').
Our trademarks must not be used (including as part of trade marks or domain
names) in connection with any good or service in any manner that is likely to
cause confusion and our trademarks must not be used, copied, or imitated (in
whole or in part) except with our prior written permission in each instance.
Third
party trade-marks
All third-party trademarks appearing on
this website are the property of their respective owners, and are used on this
website merely to refer to the trade mark proprietor or its products. The use
of any third-party trade marks on this website is not intended to imply any
connection between us or our products and services and the trade mark
proprietor or any of its products or services, nor any endorsement of our
products or services by the trade mark proprietor.
Account
creation and account details
In order to be able to access certain
information and functionality offered on this website, you must create an
account. To create your account, you must provide all requested account
registration details in the manner described on this website (including
selecting a username and password which we will use to verify your identity
when you use this website). You must ensure that your account details are
complete and accurate when submitted to us, and you must keep your account
details up-to-date.
Your
username and password
Your username and password are personal to
you and you must at all times maintain the confidentiality of your username and
password and not disclose them to any third party. Your username and password
may be used by one person only, i.e. a single login is not permitted to be
shared by multiple people. You agree that you are solely responsible for any
use of this website by any person using your username and password and you
agree to indemnify us against any and all claims arising out of your failure to
maintain the confidentiality of your username or password. We will not be
liable for any loss that you may incur as a result of someone else using your
password or account (whether with or without your knowledge). You agree to
notify us immediately of any unauthorized use of your account or any other
breach of security.
User
content
This website may enable you to create,
modify, transmit, upload, or submit images and other materials and information
(together, 'user content'). By creating, modifying, transmitting,
uploading, or submitting any user content ('your user content'), you:
a.
Grant us a non-exclusive, royalty-free, fully paid-up, worldwide,
perpetual, irrevocable, license to (i) use, copy, modify, distribute, transmit,
broadcast, create derivative works of, publicly display and publicly perform
your user content (by all means and in any media now known or hereafter
developed); (ii) license, sell, rent, lease, or lend copies of your user
content (and derivative works thereof); (iii) sublicense to third parties any
or all of the aforementioned rights (including the right to sublicense to
further third parties); (iv) use and publish your name and alias in connection
with your user content as well as in connection with all advertising, marketing
and promotional material that we may publish in relation to your user content;
and (v) make your user content available to other users of this website for
their personal use (and you permit those users to use, modify, copy,
distribute, transmit, display, perform, reproduce, publish, and create
derivative works of your user content in accordance with the permitted
functionality of this website and otherwise as permitted by us); and
- acknowledge and agree that no royalties or other
compensation will be paid or payable to you for your user content, or for
the granting of the rights described above.
Feedback
and unsolicited ideas
a.
If you give us feedback about this website or our products or services,
you grant us the right to use that feedback for the purpose of improving our
website, products or services (and for any other purpose we deem necessary or
desirable) without being obliged to pay you any compensation in respect of our
use of that feedback. We (and our employees and agents) do not accept or
consider unsolicited ideas, including artwork, demos, samples, and other ideas
for new promotions, products, product names, processes, technologies, or
materials ('unsolicited ideas'). You must not send unsolicited ideas to
us. If you do send us unsolicited ideas:
b.
we do not warrant or represent that those unsolicited ideas will be
treated as confidential or proprietary; and
c.
Such unsolicited ideas will be treated and licensed as if they were 'user content'
in accordance with these Terms.
Interactions
between users
You are solely responsible for your
interactions with other users of this website or any of our services. We
reserve the right, but have no obligation, to monitor interactions, discussions,
or disputes between you and other users.
Your
warranties
a.
Comply with all of the warranties and representations described below. You
warrant and represent that:
b.
you own or otherwise have all rights necessary for you to create, modify,
transmit, upload, or submit your user content and grant the rights described in
clause 11;
c.
where copyright (or any other intellectual property right) in any part of
your user content does not belong to you, the owner of that part has granted
you permission to use that part in accordance with the permitted functionality
of this website and to license that part in accordance with clause 11;
d.
your user content does not contain any viruses, worms, spyware, or other
components or instructions that are malicious, deceptive, or designed to limit
or harm the functionality of a computer;
e.
your user content does not contain or comprise material that is unlawful,
objectionable, defamatory, threatening, pornographic, harassing, hateful,
racially or ethnically offensive; encourages conduct that would be considered a
criminal offence, give rise to civil liability, violate any law; contains any
falsehood or misrepresentation that could damage us or any third party; or is
otherwise inappropriate; andYou must not create, modify, transmit, upload, or
submit any user content that does not
our
Products
We may offer goods or services ('Products')
for sale on this website. Your purchase of each Product shall be governed by
these Terms and any additional terms that we communicate to you at the time of
purchase.
Contract
formation
This website and the information on it
constitute an invitation to treat and not an offer to supply Products. When you
order Products from us, this constitutes an offer from you to buy those
Products in accordance with these Terms. Only when we have accepted your order
through the website following our receipt of your payment for that order shall
a contract be formed between you and us.
Order
Process
You may order Products from us by
completing the relevant form online and providing us with the details of your
order. You must provide all required information (including your name and email
address). We shall then accept or reject your order through our website
following our receipt of your payment for that order.
Taxes
and other charges
All prices on this website are exclusive of
all import fees, duties, tariffs, taxes or other imposts or charges which may
be payable in relation to your order. You shall be liable to pay any import
fees, duties, taxes, and other imposts or charges which are payable in relation
to your order. We shall not be liable for any import fees, duties, tariffs,
taxes or other imposts or charges which may be payable in relation to your
order.
Third
party materials, websites, and interfaces
Certain Products available via this website
may include materials owned by third parties. You agree that you will not use
any third-party materials in a manner that would infringe or violate the rights
of any person and that we are not in any way responsible for any such use by
you. We may provide links to third-party websites as a convenience to you. We
do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third parties. You acknowledge that you may be subject to
additional terms and conditions that apply when you use those third-party
materials, websites or interfaces (or affiliate services, third-party content,
or third-party software).
Disclaimer
of warranties
To
the maximum extent permitted by law, we provide this website and related
information and services on an 'as is' basis without any warranties,
representations, or guarantees of any kind (whether, express, implied,
statutory or otherwise) including, but not limited to, warranties of
non-infringement, merchantability, or fitness for a particular purpose.
Limitation
of liability
To the maximum extent permitted by law, we
will not be liable in contract, tort (including negligence), or otherwise for
any loss of profits, loss of data, or for any indirect, incidental,
consequential, or economic damages or losses (howsoever caused), which you may
directly or indirectly suffer in connection with: (i) your use of, or inability
to use, this website, or any material appearing on this website; or (ii) any
action or decision taken as a result of using this website, or any material
appearing on this website even if we have been advised of the possibility of
such damages. In no event shall our total liability to you in contract, tort
(including negligence), or under any other cause of action for all damages,
losses, costs and expenses suffered by you exceed the amount paid by you (if
any) to us in the month immediately preceding the most recent event that gave
rise to your claim.
Indemnity
a.
You will indemnify us, our officers and employees from and against all
claims, demands, damages, losses, costs, and expenses arising from:
- your access to, use of, or reliance upon any part
of this website;
- any breach of these Terms by you or by any person
who uses your account (regardless of whether that person has your authorization);
and
- your negligent or willful acts or omissions in
accessing or using this website.
Termination
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These
Terms & Conditions are effective unless and until terminated by either you
or us. You may terminate these Terms & Conditions at any time by notifying
us that you no longer wish to use our Services, or when you cease using our
site.
If
in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms & Conditions, we also may
terminate this agreement at any time without notice and you will remain liable
for all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
Electronic
communications
You consent to receiving communications
from us electronically and 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. You agree to be bound
by any agreement reached through electronic communications in terms of the
Electronic Transactions Act 2002. You consent to receiving electronic messages
and information sent by us (or on our behalf) for any purposes described in our
Privacy Policy.
Governing law and
jurisdiction
These Terms shall be governed by the laws
of United states and the courts of united state shall have non-exclusive
jurisdiction to hear and determine any dispute arising in relation to these
Terms. Except as otherwise described, all materials on this website are made
available only to provide information about us, this website, and the products
which may be ordered from this website. This website has been prepared in
accordance with United State law, and may not satisfy the laws of any other
country. We make no representations or warranties as to whether or not the
information or products available from this website are appropriate or
available for use in other countries. If you choose to access this website from
outside united states you are responsible for compliance with applicable local
law.
Notices: All notices or other communications to
be given under these Terms and Conditions to either party shall be made in writing
and sent:
To ABOARABY.COM by email address to
Payment
process
We may charge fees or other amounts to
access certain aspects of the Products available on this website. We have no
obligation to supply Products unless and until we receive payment of all prices
and fees. You are fully liable for all charges incurred under your account
whether or not authorised by you. You must pay for your orders using the
third-party payments service selected by us, such as American express, Discover
Master-card, PayPal, stripe payment, Apple pay and Google pay You agree to pay
for your orders by authorising our nominated third-party payment service to
charge your credit card account for the total price of the goods or services
ordered and the applicable delivery charges (if any). You agree to be bound by
the terms of these third-party payment services.
Pricing
We are determined to provide the most accurate
pricing information on the Site to our users; however, errors may still occur,
such as cases when the price of an item is not displayed correctly on the
website. As such, we reserve the right to refuse or cancel any order. In the
event that an item is mispriced, we may, at our own discretion, either contact
you for instructions or cancel your order and notify you of such cancellation
Prices
The price payable by you for any Product ordered
by you shall be the price quoted on this website at the time your order is
submitted. We may vary any prices on this website at any time and without
notice to you.
Security
Although
we endeavour to protect the security of your personal information you
acknowledge that there is a risk of unauthorised access to (or alteration of)
your transmissions or data or of the information contained on your computer
system or on this website. We do not accept responsibility or liability of any
nature for any losses that you may sustain as a result of such unauthorised
access or alteration. All information transmitted to you or from you is
transmitted at your risk, and you assume total responsibility and risk for your
use of this website and the Internet. We do not accept responsibility for any
interference or damage to your own computer system which arises in connection
with your accessing of this website or any outbound hyperlink.
Notices: All notices or other communications to
be given under these Terms and Conditions to either party shall be made in writing
and sent:
To ABOARABY.COM by email address to
