LIABILITY & INDEMNITIES

   

1.1          Nothing in these Terms of Use shall limit or exclude a party’s liability:

(a)           for fraud, including fraudulent misrepresentation, perpetrated by that party;

(b)           for death or personal injury caused by the negligence of that party; or

(c)            for any other liability that cannot be limited or excluded under applicable law.

1.2          Subject to Clause ‎5.1, in no event will we, our parent company, subsidiaries and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Use for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

1.3          In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

(a)           the content or other information you provide when using the Services;

(b)           your use of or your inability to use our Services;

(c)            pricing, shipping, format or other guidance provided by us;

(d)           delays or disruptions in our Services;

(e)           viruses or other malicious software obtained by accessing or linking to our Services;

(f)             bugs, errors or inaccuracies of any kind in our Services;

(g)           damage to your hardware device from the use of products sold on the Platform or our Services;

(h)           the content, actions or inactions of third parties using our Services;

(i)             a suspension or other action taken by us with respect to your use of the Services;

(j)             the duration or manner in which your listings appear in search results; or

(k)            your need to modify practices, content or behaviour or your loss of or inability to do business as a result of changes to these Terms of Use.

1.4          Subject to Clause ‎5.1, if Clauses ‎5.2 or ‎5.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to the lower of:

(a)           the price the item sold for on our Platform and its original shipping costs; and

(b)           the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or

(c)            AED 300.

1.5          You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:

(a)           any claims or demands made by any third party due to or arising out of your use of the Services;

(b)           your violation of any of the provisions of these Terms of Use, including, without limitation, any of the warranties, representations and undertakings;

(c)            your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or

(d)           the manner in which you use our Services, including, without limitation, if the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or if the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Platform users).

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