Terms and Conditions of Use and Sale
Announced on October 1, 2021
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using this website (the “Service”) operated by Dubarter (“us”, “we”, or “our”)
Dubarter operates an e-commerce platform includes a website and mobile application (“marketplace, website”), with logistics and payment infrastructure, for sell and buy consumer products in the Arab Republic of Egypt (“territory”).
You will be subject to the terms, guidelines and conditions applicable to that Dubarter Service ("Service Terms"). By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.
1. Registration and account
We sell children's products for purchase by adults only, and not for purchase by children. By using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age.
You represent and warrant that all information provided in the registration form is complete and accurate.
You may need your own Dubarter account to use certain Services on our marketplace, and you may be required to be logged into the account and have a valid payment method associated with it. If you register for an account with our marketplace, you will be asked to provide an email address/user ID and password.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You are responsible as well for informing us of any changes to the information you have provided.
We have the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
2. Terms and conditions of sale
We provide our marketplace as an online platform for sellers to sell and buyers to purchase products.
We shall accept binding sales, on behalf of sellers, but Dubarter is not a party to the transaction between the seller and the buyer and a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller: the price for a product will be as stated in the relevant product listing; the price for the product must include all taxes and comply with applicable laws in force from time to time; any other additional charges will only be payable by the buyer if this is expressly and clearly stated in the product listing. Products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.
The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
3. Returns and refunds
We control and manage returns of products by buyers and acceptance of returned products by sellers in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.
Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion in respect of the product price; local and/or international shipping fees (as stated on the refunds page);by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
Returned products shall be accepted and refunds issued by Dubarter, for and on behalf of the seller.
Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
Payments are governed by these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.
5. Rules about your content
Hereby "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and all communications on the marketplace, including product reviews, feedback and comments. Your content must be accurate, complete and truthful.
Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person. Your content must not infringe or breach any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right; any right of confidence, right of privacy or right under data protection legislation; any contractual obligation owed to any person; or any court order.
You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.
You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
6. Our rights to use your content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.
7. Use of website and mobile applications
In this section 7 words “marketplace” and "website” shall be used interchangeably to refer to Dubarter’s websites and mobile applications.
You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.
Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not republish material from our website; sell, rent or sub-license material from our website; show any material from our website in public; exploit material from our website for a commercial purpose; or redistribute material from our website.
We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website; use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; hack or otherwise tamper with our website; probe, scan or test the vulnerability of our website without our permission; circumvent any authentication or security systems or processes on or relating to our website; use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; impose an unreasonably large load on our website resources; decrypt or decipher any communications sent by or to our website without our permission; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; use our website except by means of our public interfaces; violate the directives set out in the robots.txt file for our website; use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or do anything that interferes with the normal use of our website.
8. Copyright and trademarks
Subject to the express provisions of these general terms and conditions: we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Dubarter’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
9. Due diligence and audit rights
We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.
You agree to provide to us all such information, documentation and access to your business premises as we may require in order to verify your adherence to, and performance of, your obligations under this Agreement; for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or as otherwise required by law or applicable regulation.
10. Dubarter’s role as a marketplace
You acknowledge that we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them; we do not check, audit or monitor all information contained in listings; we are not party to any contract for the sale or purchase of products advertised on the marketplace; we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers; we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
We do not guarantee any commercial results concerning the use of the marketplace.
To the maximum extent permitted by applicable law and subject to section
below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.
11. Breaches of these general terms and conditions
If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Dubarter codes, policies or guidelines in any way we may temporarily suspend your access to our marketplace; permanently prohibit you from accessing our marketplace; block computers using your IP address from accessing our marketplace; contact any or all of your internet service providers and request that they block your access to our marketplace; suspend or delete your account on our marketplace; and/or commence legal action against you, whether for breach of contract or otherwise. Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.
13. Law and jurisdiction
These general terms and conditions shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt.
14. Our company details
The marketplace is operated by Dubarter Egypt. We are registered in the Arab Republic of Egypt under registration number 169004, and our registered office is at Building 9 AlAhrahmst., from Street 9 – AlMokattam - Cairo. You can contact us by using our marketplace contact form.
15. Our Contact Details
This Website is maintained by Dubarter.com for E-Commerce LLC. Our contact details are:
Tax Registration Number: 640-450-709