The meaning of the following terms when used in these DOKAN Terms of Service or any document referred to herein shall be as follows:
"Agreement" means DOKAN Terms & Condition of Service.
"DOKAN " , organized under the laws of United Arab Emirates, with an address at Abu Dhabi - P.O.Box: 3292
"DOKAN Website" means any of the websites operated by DOKAN for the provision of the Service, including, but not limited to dokan.com
"Order" your purchase offer of a product through services.
"Service" means DOKAN , the online service operated via the DOKAN Website.
"Web" means the public internet.
"You" means you, the end user of the Service. Wherever applicable “Your" shall be construed accordingly.
These terms and conditions govern your access to and use of the website dokan.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you agree to comply with these terms and conditions with dokan.com in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. Should you disagree to be bound by this User Agreement please refrain from accessing, registering with or using this Site.
3. Eligibility for Membership
dokan.com wishes to ensure its members are able to form legally binding contracts; so membership of the Site is available to persons of 18 years of age and over. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of dokan.com under this User Agreement or at law, dokan.com reserves the right to limit or withdraw access to the Site or the membership of any person if dokan.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by dokan.com. No person may register as a member of the Site more than once.
4. Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree that you are responsible for maintaining the confidentiality of and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify dokan.com of any unauthorized use of your password or account or any other breach of security. In no event will dokan.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You agree to reimburse dokan.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
· You will provide true, accurate, current and complete information about yourself as prompted by dokan.com's registration form (the "Create an Account").
· You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if dokan.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of dokan.com under this User Agreement or at law, dokan.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
You acknowledge and agree that if you do not adhere to the above, dokan.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
5. Amendments to this User Agreement
You acknowledge and agree that dokan.com shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that dokan.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
6. Fees and Services
dokan.com Site is an online platform allowing for the purchase of items by you. dokan is not an auction site or a bank and does not offer auction and banking services.
Membership on the Site is free. dokan.com does not charge any fee for browsing the Site.
7. Your Information
8. Use of the Site
While using the Site, you will not:
· post Information or content or list items in an inappropriate category or areas on our Site;
· post items you do not have a right to link to or include;
· post items that are concurrently listed for sale on a website other than the Site;
· post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
· post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
· post counterfeit or stolen items;
· post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
· post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
· post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
· post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
· post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
· post Information or content or list items which may (in our sole discretion) threaten national security;
· post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
· use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
· manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
· circumvent or manipulate our fee structure, the billing process, or fees owed to dokan.com;
· take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to dokan.com);
· transfer your Site account (including feedback) and username to another party without our consent;
· distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
· distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
· create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
· take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
· interfere or attempt to interfere with the proper working of the Site;
· attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
· export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
· copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
· violate any laws, rules, regulations, guidelines, third party rights or our policies;
· abuse dokan.com's Shipping Policy , Listing Policy , or any of dokan.com's other policies or terms and conditions posted on the Site from time to time;
· directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
o securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
o living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
o weapons of any description;
o liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
o religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
o antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
o used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
o items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user's interest or health;
o any items identical to other items you have up for auction but which are priced lower than your other items' price, the reserve price of such other item / minimum bid amount;
o fresh food;
o non-transferable vouchers; and chemicals.
You undertake, represent and warrant that:
· you are 18 years of age or over the age of 18 years;
· you will inform dokan.com of any postings, items or transactions which appear to be in violation of this User Agreement;
· you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either dokan.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of dokan.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
10. Abusing dokan.com
If there is any violations of this User Agreement to dokan.com please report problems. Please notify dokan.com, if you believe that your intellectual property rights are been violated. Without prejudice to any other rights and remedies of dokan.com under this User Agreement or at law, dokan.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also dokan.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights or who act inconsistently with this User Agreement or our policies.
12. Breach of User Agreement
Without prejudice to any other rights and remedies of dokan.com under this User Agreement or at law or otherwise, dokan.com may immediately and without liability: limit your activity, remove, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
· If this User Agreement is breached by you;
· If any information provided by you to dokan.com is not verifiable or authentic; or
· If dokan.com in its sole discretion believes, your actions may cause legal liability for you, or dokan.com.
dokan.com may at any time at its sole discretion reinstate suspended users. No user who has been indefinitely suspended shall attempt to register with dokan.com or use the Site in any manner whatsoever until such time that such user is reinstated by dokan.com. Notwithstanding the foregoing, if you breach this User Agreement dokan.com reserves the right to recover any amounts due and owing by you to dokan.com or any losses and damages caused by you to dokan.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as dokan.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of dokan.com's right to take any actions with respect to that, or subsequent or similar breaches. dokan.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
All purchases on the Site are a commitment by you to complete the purchase of the item which you have purchased. If you purchase any item the following priority parameters are applied by dokan.com:
You agree not to test the Site with false purchases, nor to use a false name, other false personal information or use an unauthorised or known invalid credit card to Purchase. Without prejudice to the rights and remedies available to dokan.com under this User Agreement or at law, dokan.com may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent Purchases.
14. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of dokan.com under this User Agreement or at law or otherwise, dokan.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
15. Limitation of Liabilities
Upto the extent permitted by law, dokan.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not dokan.com has been advised of the possibility of such losses or damages).
If you are not satisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to dokan.com and dokan.com shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You indemnify and hold dokan.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
17. Relationship and Notice
No provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and dokan.com and you shall have no authority to bind dokan.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices to dokan.com from you shall be given by you by email to dokan.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by dokan.com by return email. Any notices to you from dokan.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
Should any dispute, claim, controversy or difference arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
The above said provisions of this clause are without prejudice to the right of dokan.com to seek interim relief at any time from any court of competent jurisdiction.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and dokan.com with respect to the subject matter hereof.
Any person not a party to this User Agreement shall have no right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
20. Governing Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
21. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
22. United Arab of Emirates is our country of domicile.
23. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.