Terms & Conditions


Terms of Use

The website emevic.com is owned and operated by Emevic Trading LLC (in the following “Emevic”). Throughout the site, the terms “we”, “us” and “our” refer to Emevic Trading LLC Emevic LLC is a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 934751 and its registered office at P.O.Box 214749 Dubai, United Arab Emirates.

By using the site, even if you are browsing and have not registered, you acknowledge that you consent and agree to and will abide by these Terms and Conditions, so please read them very carefully. As with all our other policies, these terms and conditions and any other matter connected to ordering on Emevic are governed by Emevic and U.A.E. law.

Please revisit our Terms & Conditions policy regularly as they are subject to change without us directly informing you.

Scope

  1. Emevic operates the online marketplace emevic.com (in the following “Site”) 
  2. Accordingly, the respective terms and conditions of the contracting parties will apply for all through this website concluded contracts.
  1. Create an Account and Usage of an Account
  1. The client has to apply for an account on Emevic Site. By accepting the Terms and Conditions of Use an account for the client will be created. There is no absolute right to the making of a contract of use The client of these webpages requires full acceptance and compliance with Emevic Terms and Conditions and any other notices available on the Site. By using the Site, the user agrees to be bound by these Terms and Conditions.
  2. The client is solely responsible for managing his/her account. The client is further solely responsible, that the provided login is used only by authorized persons.
  3. EMEVICARE is the loyalty programme run by Emevic, the entity with ultimate responsibility for the Programme, 'EV Points' means the non-monetary EMEVICARE credit provided to you resulting from a purchase of qualifying goods or items
    1. Subject to Emevic accepting you into EMEVICARE, by electronically accepting these Terms, by applying to join and/or joining the programme you agree that you have read and understood and agree to be bound by these Terms.
    2. This programme is available to individuals for their personal use only and is limited to one account per individual. The programme must not be used for any business or commercial purposes and we may refuse to create an account for any reason.
    3. Emevic will issue you with an EMEVICARE membership Account under your chosen username. The membership may be withdrawn or cancelled by Emevic, for any reason and / or any time.
    4. Your membership points validity period is 12 months, your EV points earned will be deducted after the said term by 100% if you are in grey level, 90% if you are in blue, 80% if you are in gold, and lastly 70% if user is part of EMEVIP. Deduction means EMEVICARE programme benefits may be reduced to the respective amount mentioned above. You also may cancel your membership at any time by emailing support@emevic.com
    5. Members who have won a contest through participation will be shifted to the Victorious Club tier, whom will enjoy the benefits for the period of 12 months upon entry and shall then shift back to the previous member tier they were in before. Upon their end of 12 months, subject to renewal/extension if member has won another contest.
    6. Emevic will determine from time-to-time which goods or services purchased by you will earn Points including the number of EV points awarded.
    7. You acknowledge and agree that we collect your personal information, in accordance with the terms of our Privacy and Cookies Policy, accessible and that you will be bound by the most recent update of the policy appearing on our Website.
    8. You acknowledge and agree that all information you provide to Emevic is true and accurate, and that you will notify us if there is any change in your name, email address or other personal details.
  4. The client can apply for an account by fulfilling following conditions:
  • All provided information is true, complete and correct.
  • The client ensures that the use of this Site is at all times within the Scope of these Terms
  •   The client is solely responsible for updating and correcting information of the information submitted to Emevic
  • The client must keep the provided password secret and is obliged to inform Emevic immediately if there is reason to believe that the account is misused by third parties. Any damage resulting from delayed information will be the member’s responsibility
  • The account is non-transferrable and may not be sold, combined or otherwise shared with any other person. In case of any violation of any of these regulations and terms Emevic may terminate the account with immediate effect Additionally without limitation, Emevic may forfeit any pending, current or future promotional account credits.
  1. Emevic retains the right at our sole discretion to deny service, or access to the Site at any time and for any reason. You acknowledge that there may be interruptions in service that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
  2. On the websites mentioned company names, logos and / or product names are registered trademarks or trademarks of their respective owners.
  3. Each purchase by the client through the Emevic website, is a binding offer to conclude a contract with Emevic. The acknowledgment and acceptance of these Terms and Conditions must be confirmed before submitting each purchase by the client.

 

Making Purchases on Emevic

  1. To the extent that it is legally possible for us to do this, we offer no warranty that Emevic will:
  •  Fulfill your requirements, both in terms of the product information we provide and the product itself.
  • Provide you with error free information about any product or service.
  •  Correct any inaccuracies that we are alerted to.

Delivery and Pick up

Delivery will be confirmed at checkout and we deliver to all areas across the United Arab Emirates.

The moment you complete your purchase, your delivery will be processed. We will send you a confirmation email to the email address you have provided.

Shipping to Dubai, Abu Dhabi and Sharjah is AED 10 for orders above AED 200 and AED 20 for orders under AED 200. Your order will be delivered within 1 day.

Shipping to Ras Al Khaimah, Umm Al Quwain, Ajman and Fujairah is for AED 15 for order above AED 200 and AED 25 for order under AED200. Your order will be delivered within +2 days.

Same day delivery applies only to Dubai, at a cost of AED 25 regardless of the order amount.

Please allow extra days for local holidays and weekends. Emevic reserves the right to amend or change the free delivery offer at any time, but we promise to notify customers at least 14 days in advance

For the option of Pick up, please allow maximum of 3 working days for your order preperation and you will be notified that your order is ready and can be picked up from Emevic HQ. The address is mentioned on our website. 

Returns

You can exchange an item that you’ve purchased from Emevic within 14 days of purchase. Please take a note that you must take reasonable care of any products that you wish to return and not use them. The products must be returned in their original conditions with the Tag attached. We will not be responsible for any loss or damage caused to the items during your possession and may reject the request to return, exchange or refund. Any EV points accrued on a returned purchase will be debited from your Emevicare account.  Our delivery team will collect your online purchase within 48 hours.

As soon as the returns are received at our warehouse, they will be automatically refunded within 5 – 7 working days, depending on your Bank. You'll receive a confirmation email when the item has been refunded.  If you paid by card, please make sure you check your bank statement from the date of the order onwards, as your refund may be shown against the order date. Any Order through Cash On Delivery will be given store credit in return to be used on our website.

Emevic reserve the right to monitor returns and to refuse Orders from customers with excessive returns levels. However nothing in this Returns section is intended to affect any consumer rights that you may have under UAE law

The same goes for the exchange policy for online shop as the faultiness of the product must be proven for it to be initiated.

Payment

We currently accept the following tender types for Orders placed on our Website, Online payment through our payment gateway, Cash on Delivery (COD) and use of our customer loyalty incentive EV points, EMEVICARE may also be earned and redeemed on Website to purchases. All of our prices are inclusive of VAT.

Payment will be taken at the time you place your order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline Orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type.

Cash On Delivery (COD)
You can also pay through Cash On Delivery (COD). In this case you pay in Cash to the courier person while accepting the goods.

Proprietary Rights

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All text, images, software, graphics, sound, page layouts and design, including trademark, service marks and patents is protected by international copyright law and cannot be copied or reproduced without our written permission. We own or are licensed to use all material that appears anywhere on Emevic.

Links

Our Websites may contain hypertext links leading to other websites that are not operated or controlled by Emevic. Emevic shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions. The creation of any hyperlink to our Websites is prohibited without prior written consent of Emevic.

 

Termination

Emevic may in its absolute discretion immediately terminate this Agreement upon notice to you. Emevic also may suspend your use of the Website without notice at any time, without incurring any liability to you whatsoever. The users have the right to terminate their account by written notice to support@emevic.com, in this case they do not get their purchased “EV Points” back.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a)    for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Disclaimers of Warranties

The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

Emevic, their associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You accept that, as a limited liability entity, Emevic officers and employees are not liable for acts or omissions of Emevic. You agree that you will not bring any claim personally against Emevic officers or employees in respect of any losses you suffer in connection with the website. Emevic is not responsible in any manner and under any circumstances for any loss, damages, fines, penalties, fees, or payments of any kind that you may incurred as a result of biding made which is not caused deliberately or due to gross negligence. Emevic gives no warranty in respect of the content in this Site.

 

Indemnification

You agree to indemnify, defend and hold harmless Emevic and directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms or parts thereof will not be affected and will remain in full force and effect.

Force Majeure

Emevic shall not be liable for any technical damages caused due to force majeure events.

 

Miscellaneous and Applicable law

1. This Agreement shall be construed in accordance with and governed by the laws of UAE any and each party agrees to submit to the exclusive jurisdiction of the Courts in UAE. Emevic reserves the right to change or update these Terms and Conditions from time to time without prior notice to the end consumer. The current version of the Terms and Conditions will be displayed within the Site from the date on which any changes come into effect. Continued use of the Site following any changes to the Terms and Conditions shall constitute your acceptance of such changes.

2. Should any part of this agreement, for any reason, be invalid, illegal or unenforceable this shall not affect the validity of any remaining stipulations, and such remaining stipulations shall remain in force and effect.  Instead of such invalid, illegal or unenforceable stipulations of the agreement the parties shall agree to a regulation which shall be valid, legal and enforceable and which economically corresponds as much as possible to such replaced stipulations. This adequately applies also for the construction of the regulations of this agreement

 

Emevic Contest Platform

These Terms and Condition apply to all competitions, prize draws, promotions, giveaways and suchlike that are promoted on and run through our website. By entering a Contest, you agree to be bound by these Rules. If You do not agree to this Agreement, or any of its terms, then You should immediately cease using the Platform and not enter any Contest Draw. We may amend this Agreement at any point in time without notice and the amendments will take effect once they have been displayed on the website.

 

Eligibility and entry restrictions

The Contest is only available to registered members who are eligible for a prize draw after purchasing a product and holding a valid raffle ticket.

To be eligible to enter a competition

(a) you must be a real person, at least 18 years old

(b) you must not be our employee, officer or agent, or an employee, officer or agent of any person or organization involved in the running of the Contest, and you must not be a family relation of any such person.

We reserve the right to disqualify any entrant (at our sole discretion) if we have grounds to believe the entrant has breached any of the Rules.

In the event that any entrant is disqualified from the Contest, in our sole discretion we may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.

 

Contest Entries

Multiple entries per person per Contest is allowed. In the case of disqualification of the announced winner, we reserve the right to select an alternative winner, through a second draw for the specified contest. Contest entries must be made in the manner and by the closing date specified. Failure to do so will disqualify the entry.

 

Start and closing dates

The contest shall open for entries at the time and on the date specified on our website and similarly, shall close to entries at the time and on the date specified on our website.

Any entries received before the opening or after the closing of the contest will be invalid and will not be entered into the contest.

Emevic will not take responsibility for entries not received for whatever reason.

Emevic reserve the right to cancel or amend the contest and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the contest will be notified to entrants as soon as possible by us.

 

Winners and prizes

Contest prizes for each competition shall be specified on our website.  Contest prize winners will be notified of the Contest result by email or SMS not more than 30 days following the closing date of the competition, and will receive their prizes not more than 60 days following that closing date.

Reasonable efforts will be made to contact the prize winner for 14 days but if the winner fails to respond to our notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the contest terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.

For each Contest, there will be only one grand prize winner unless otherwise specified. Unless otherwise specified in the Specific Rules in the case of a prize draw, winner(s) will be selected at random. This will be done by the supervision and at the presence of a selected member of DED by DED, and subject to the availability of the delegate supervisor.

 

The results of a contest will be announced on our website within 30 days following the closing date of the contest. The announcement may include the name and photograph, the town or region of residence and prize details of each prize winner.

The winners name will be published on Emevic website, and other social media pages and the Participant agrees to this publication. The winners agree to take part in reasonable post event publicity and to the use of their name and photograph in such publicity.

No cash alternative to the prizes will be offered, unless specified at the prize announcement. The prizes are not transferable. Prizes are subject to availability and Emevic reserve the right to substitute any prize with another of equivalent value without giving notice.

The winners are required to collect their prize within 60 days after the publication on our Website and/ or Social Media. The Winners will be required to collect their prizes in person by presenting a valid Emirates ID and /or Passport Copy. At its sole discretion Emevic may allow the winners to send on his and / or her behalf a representative who has been given Power of Attorney (POA) by the Winner to collect the Prize having presented the necessary and valid Emirates ID and /or Passport Copy. The Winner has to send via Mail to XXXX the POA to Emevic and get the approval to send a representative. Failure to collect the Prize within this time period will result in transferring the Prize to Emevic, and Emevic will have no further responsibility with respect to the Prize.

 

Data protection and publicity

 You consent to any personal information you provide in entering the prize draw being used by Emevic for the purposes of administering the prize draw, and for those purposes as defined within our privacy notice.

 All personal information shall be used in accordance with Emevic Privacy Notice.

Limitation of Liability

Emevic does not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the prize draw or being selected for a prize, save that Emevic does not exclude its liability for death or personal injury as a result of its own negligence. You hereby declare that you will not and shall not make any complaint and/or demand and/or claim against Emevic, employees and any of their representatives, in any matter pertaining to the Competition, participation (or non-participation) therein and/or winning thereof.

General

Emevic reserves the right to cancel the prize draw or amend these terms and conditions at any time, without prior notice. The prize draw and these terms and conditions will be governed by UAE law and any disputes will be subject to the exclusive jurisdiction of the courts of Dubai.

 

Miscellaneous 

Emevic will not be held liable in case of any foreseen or unforeseen impediments that might prevent the Participants from redeeming their Prize or Instant Prize within the stipulated period.

 You agree, confirm and declare, that you have read these Regulations and that you undertake all of the provisions, and even if you have not read these Regulations, you agree that these Regulations shall apply to them and shall be binding unto them for any matter and purpose. Accordingly, participation in this Competition is at the Participant's exclusive responsibility, and Emevic shall not bear any responsibility for any damage (including bodily damage), financial loss, physical loss or expense of any kind and sort caused to any Participant, related, directly or indirectly, to the Competition and/or winning thereof.  All trademarks are the property of their respective owners.

 

User Agreement

ACCEPTING THIS USER AGREEMENT

The below preamble and the general terms and conditions (“General Terms”), along with the privacy policy (“Privacy Policy”), and contest draw terms and conditions (“Draw Terms”) (together the “User Agreement”) constitute the contract between You and Emevic Trading LLC (“Emevic”, “We”, “Us”, “Our”) relating to the use of Our website (“Site”) and Your participation in Our contest draws (“Contest Draws”). Please read them carefully. By using our service, you are creating a legally binding contract to comply with all the terms and conditions.

1. PREAMBLE

  1. 1. Any party using the Contest Platform and/or participating in a Contest Draw (“User”, “You”, “Your”), agrees to be bound by this User Agreement. If You do not agree to this User Agreement, or any of its terms (including any amendments), then You should immediately cease using the Platform and not enter any Contest Draw.
  2. 2. We may amend this User Agreement at any point in time without notice and the amendments will take effect once they have been displayed on the Platform. You acknowledge and agree that it is Your responsibility to review this User Agreement periodically to familiarize Yourself with any modifications. Your continued use of the Platform or any of Our products, offerings and services, including, but not limited to, Contest Draws (“Services”) following any amendments shall be construed as acceptance of those amendments.

2. GENERAL TERMS AND CONDITIONS

2.1 Eligibility for Membership

The User can only become a member only if:

(a) User is over the age of 18.

(b) User only uses the website for lawful purposes.

(c) User does not engage in any improper, indecent or offensive behavior while using the website.

(d) User is not breaking any law in your relevant jurisdiction by accessing this website.

2.2 Registration and Membership Obligations

2.2.1 Registration and membership is open to all-natural persons over eighteen years of age who have an interest in the contest draw.

2.2.2 Each User shall only register once.

2.2.3 The User shall register online to become a Member.

2.2.4 During the registration process, the User is required to give truthful and accurate information.

2.2.5 Members shall expressly accept the terms of the Contest Draw and are bound to comply with them.

2.2.6 It is the User’s responsibility to make sure that she/he has sufficient access to Internet to participate to the activities at the desired extent.

2.2.7 Emevic Trading LLC screens registration applications and reserves itself the right to reject a registration without stating the reasons.

2.2.8 It is expressly forbidden to place accounts at the disposal of third parties and to disclose access details to third parties.

2.2.9 Registration as a Member results in a contractual relationship between Emevic Trading LLC and the Member. By accepting the Terms, they become a contract component. 

3. ELECTRONIC COMMUNICATION

Emevic Trading LLC may in its sole discretion, decide to deliver any document or information to the members on its platform by electronic means. The member hereby consents to receive such documents or information by electronic delivery and agrees to participate in the Contest Draw through an online or electronic system established and maintained by Emevic Trading LLC.

4. CONDUCT

All members using the platform shall adhere to basic rules of conduct. In particular it is prohibited for members to:

4.1 openly issue offensive comments and foster or incite racism, bigotry, hatred or physical violence of any kind against other members and Emevic Trading LLC.

4.2 issue comments that are offensive, threatening, obscene, disrespectful, indecent, defamatory or libelous or causes harassment in another way or supports such undesirable forms of behavior.

4.3 publish information which poses a risk to the protection of personal data or security.

4.4 infringe, or attempt to infringe, in particular privacy laws, contract law or the rights of third parties.

4.5 Attempting to or actually manipulating or misusing the feedback system.

5. PAYMENT GATEWAY

5.1 If You make a payment for Our Services on our Platform, the details You are asked to submit will be provided directly to our payment provider via a secured connection.

5.2 The person making the payment will be mandated to have copies of the merchant policies and rules as well as a copy of the transaction records.

5.3 The product prices per unit displayed on our platform are inclusive of VAT.

6. REFUND AND CANCELLATION POLICY

6.1 There is no cancellation option for the Contest Draw once a sale has been completed, it is deemed to be final.

6.2 You can exchange an item that you’ve purchased from Emevic within 14 days of purchase. Please take a note that you must take reasonable care of any products that you wish to return and not use them. The products must be returned in their original conditions with the Tag attached. We will not be responsible for any loss or damage caused to the items during your possession and may reject the request to return, exchange or refund. Any EV points accrued on a returned purchase will be debited from your Emevicare account.  Our delivery team will collect your online purchase within 48 hours.

As soon as the returns are received at our warehouse, they will be automatically refunded within 5 – 7 working days, depending on your Bank. You'll receive a confirmation email when the item has been refunded.  If you paid by card, please make sure you check your bank statement from the date of the order onwards, as your refund may be shown against the order date. Any Order through Cash On Delivery will be given store credit in return to be used on our website.

Emevic reserve the right to monitor returns and to refuse Orders from customers with excessive returns levels. However nothing in this Returns section is intended to affect any consumer rights that you may have under UAE law

The same goes for the exchange policy for online shop as the faultiness of the product must be proven for it to be initiated.

6.3 In the event of any defective products, Emevic Trading LLC will offer the user a replacement of the defective product on condition that there are warranties and/or guarantees offered by the manufacturer of the product. Emevic Trading LLC shall not be liable for any defective nature of the prize awarded from the Contest Draw.

7. INTELLECTUAL PROPERTY RIGHTS

When you post content on the Platform, you understand and acknowledge that you are solely responsible for such content, and you represent and warrant that you have the right, power, and authority to post that content without violating the rights of third parties.

You acknowledge and agree that the poster of content, and not Emevic, is responsible for any User content including any harms caused to you, another User, or a third party by such User Content.

8. USER SUBMISSIONS

You accept that various things can go wrong when using the Platform and the Services provided through the Platform. You take on the responsibility and liability of these events happening and will have no claim against Emevic if they happen. When using the Platform, You will be exposed to Materials from a variety of sources, and that, as far as applicable law allows, Emevic is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and You agree and assume all liability for Your use. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Emevic with respect thereto.

9. DIGITAL MEDIA

You consent that Emevic can use your name at its own discretion in the event you emerge as the winner of any of the Contest Draws. The consent is broad in the sense that it includes local and regional press as well as any social media outlet associated with Emevic. 

You consent that We have the right to use any and all digital records made by Us including, but not limited to, photographs, videos and call recordings of, the Prize, the Contest Draw, the winning phone call and the collection of the Prize, on the Platform and on any social (online) media profile associated with Us. These digital records may include imagery and/or voice recordings of the Winner and/or their name.

10. DISCLAIMER FOR THIRD PARTY APPLICATIONS

The use of any third party application is subject to any terms and conditions provided with such third party application and is not governed by Us. The use of third party applications is solely Your responsibility since Emevic does not govern the use of such third party applications. Emevic is not responsible for any third party applications and You acknowledge that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. 

You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the application linked to our platform, and we will not be liable for any damages that you may suffer connection with downloading, installing, using, modifying or distributing such applications. No advice or information, whether oral or written, obtained by you from us or from our platform shall create any warranty for the application. Additionally, we make no warranty that:

  • •  The third-party application will meet your requirements.
  • • The third-party application will be uninterrupted, timely, secure or error-free.
  • • The results from the use of the third-party application will be effective, accurate or reliable.

11. LIMITATIONS OF LIABILITY

In no event will Emevic be liable to you for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the Platform or any materials or content available through the Platform, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Emevic has been informed of the possibility of damage. 

Emevic shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect purchases or sales, the receipt, processing, acceptance, completion or settlement of payment transactions, bank direct deposit transfers, or the Platform.

Emevic Disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of Merchant-ability for a particular purpose and non/infringement.

12. INDEMNITY

You agree that you will be responsible for your use of the Platform, and you agree to defend and hold harmless and indemnify Emevic from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:(i) your access to, use of, or alleged use of, the Platform; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;(ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or(iv) any dispute or issue between you and any third party.

13. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Emevic email addresses or through Emevic information systems are expressly prohibited by these Terms. Any unauthorized use of Emevic computer systems is a violation of this User Agreement and certain applicable laws, in particular the UAE Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case You intend to solicit, or contact Our Users by obtaining their email or phone numbers from Our Platform, we may report this behavior to the relevant authorities, who then may decide to prosecute You under the relevant UAE laws.

14. LIMITATION AND TERMINATION OF SERVICE

Without limiting Emevic other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Platform, deny your registration, or permanently revoke your access to the Platform if:

(i)you breach the letter or spirit of any terms of this User Agreement;(ii) we suspect or become aware that you have provided false or misleading information to us;(iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users or Us; or may involve illicit or illegal activity; or(iv) we are required to by law, legal process, or law enforcement. 

You acknowledge and agree that Emevic, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate Your account, block Your e-mail or IP address, or otherwise terminate Your access to or use of the Service or Platform (or any part thereof), immediately and without notice for any reason or no reason at all. Further, You agree that Emevic shall not be liable to You or any third-party for any termination of Your access to the Platform or the Service.

 

If your Account is temporarily or permanently closed, you may not use the Platform under the same Account or a different Account or re-register under a new Account without our prior written consent.

15. ASSIGNMENT

User may not assign the User Agreement or any of rights or obligations hereunder, without Emevic prior written consent in the form of a written instrument signed by a duly authorized representative of Emevic. Emevic may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this User Agreement is binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

16. GENERAL INFORMATION

No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. 

If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid or inapplicable, We and You nevertheless agree that the court should endeavor to give effect to Our intentions as reflected in this User Agreement. If any provision or provisions of this User Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this User Agreement shall not in any way be affected or be impaired.

17. GOVERNING LAW AND DISPUTE RESOLUTION

This User Agreement shall be construed in accordance with the laws of the Courts of the Dubai International Financial Centre, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.

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