Terms and conditions

INTRODUCTION

Welcome to DUKKAAN LLC (hereinafter referred to as “Dukkaan”). Dukkaan is an e-market place service provider that operates a website www.dukkaan.ae ( “Website” ) which allows Retail Partners to lease retail spaces on the platform to Product Vendors, who wish to avail such spaces in order to place and sell their products within the United Arab Emirates (UAE) (“Products”). These Terms and Conditions (“Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to, and use of, the Website. In these Terms, “we”, “us”, “our”, or “DUKKAAN” refers to DUKKAAN LLC, a company registered with the Sharjah Media City holding business license number 2010617.01, and “you”, “your”, or “User(s)” shall refer to you as the Website User. Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view, access, or otherwise interact with through the Website, shall be referred to as “Content”. The Content that you contribute, submit, transmit, and/or post to, or through the Website, shall be referred to variously as “Your Content”, “Content of yours”, and/or “Content you submit.” Please read these Terms carefully. By using our Website, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. Upon accessing the Website, including any version of this Website that has been amended to geographically suit its Users, you will be asked to consent to being bound by these Terms as well as our Website privacy policy (“Privacy Policy”). Users are hence advised to review these Terms and our Privacy Policy prior to the use of the Website. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Website.

DEFINITIONS

When used in this Agreement, the following definitions and rules of interpretation shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Account” means the Account you create with Dukkaan using your company electronic mail (e-mail) account to access the Website;
“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any country or region from where you are accessing the Website;
“Content” means any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Website;
“DUKKAAN” means DUKKAAN LLC, a company registered with the Sharjah Media City, holding business license number 2010617.01, and their respective directors, agents, servants, officers, and employees;
“External Sites” has its meaning given to it under Clause 3.8;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v) computer systems and applications software, including all documentation and modifications thereof; accounts on the Website;
“Listing(s)” has its meaning given to it under Clause 3.13;
“Minor” has its meaning given to it under Clause 10.16;
“Order(s)” means any Space(s) booked and rented by the Product Vendor, which have been leased by the Retail Partner(s) on the Website;
“Policies” means any terms, conditions, and policies (separate from these Terms), made available on the Website;
“Product” means any Product placed by the Product Vendor at the relevant retail Space(s);
“Product Description” means and includes the description, images, availability, limitations, and safety measures of the relevant Product(s) as posted by the respective Product Vendor on their separate accounts on the Website. The Product Description varies from one Product to another;
“Product Vendor(s)” means the User(s) holding an Account on the Website, who is (are) booking and renting the Space(s) from the Retail Partner(s) as listed on the Website;
“Retail Partner(s)” means the User(s) holding an Account on the Website, who is (are) leasing Space(s) to the Product Vendor(s) through the Website;
“Space(s)” means any retail Space(s) listed by the Retail Partner(s) on the Website;
“Terms” means the Clauses of these Terms and Conditions;
“Total Amount” has its meaning given to it under Clause 7.2;
“Use” has its meaning given to it under Clause 6.3 (ii);
“User” means the business entity and Account holder of the Website, who is either leasing or renting Space(s) (collectively the Product Vendor(s) and Retail Partner(s));
“VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations;
“Website” means the Website www.dukkaan.ae owned by Dukkaan to provide and facilitate e-commerce services such as the leasing of Space(s) to Product Vendors.

USE OF THE WEBSITE

1. In order to use and access certain features of the Website, the User(s) must create an Account, which shall currently be free of any charges. Should the User wish to create an Account, then the User must provide complete and accurate information, and warrant to update such information as and when required. The User shall also specify whether they are creating an Account as a Retail Partner and/or Product Vendor. Should the User be both a Retail Partner and a Product Vendor, then the User shall create two (2) separate Accounts for each purpose.
2. When creating an Account, the User shall provide their name, contact number, relevant company email address, company trade license, tax return number, and company logo. Following the submission of such details, the User shall be contacted by a representative from Dukkaan’s sales and administration team, who shall authenticate and verify the details provided. Should the User’s Account be successfully verified by Dukkaan, then the User’s Account shall be activated, and they may begin using the Website for its intended purpose.
3. The User must keep their password to the Website confidential and is solely responsible for maintaining the confidentiality and security of their own Account, all changes and updates submitted through their Account, and all activities that occur in connection with their Account. The User is encouraged to use strong passwords, with a combination of upper-case and lower-case letters, numbers, and symbols.
4. In creating an Account, the User represents and warrants that all information provided to Dukkaan in such process is true, accurate, and correct, and that the User will update your information as and when necessary in order to keep it recent. You may not impersonate any person or entity, create, or use an Account for anyone other than yourself, provide a company e-mail address, company trade license, and/or tax return number other than your own, provide or use false information to obtain access to the Website that you are not legally entitled to claim, or otherwise mislead as to the origin of a card or other content. You acknowledge that any access to Dukkaan using falsely claimed Accounts may cause us, or third parties, to incur substantial economic damages and losses for which you may be held liable and accountable.
5. The User represents and warrants that you are at least eighteen (18) years of age and are able to enter into legally binding agreements.
6. We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.
7. We may, from time to time, decide to change, update, or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by the Applicable Law(s).
8. The Website may include advertisements with external links on third-party websites (“External Sites”). We do not investigate, review, endorse, represent, or control the content of any External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. External Sites may collect your data, send cookies, solicit personal information or otherwise, and you are responsible for reviewing the External Site’s terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link, and/or bookmark the External Sites at your own risk.
9. We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse, the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service(s) advertised on the Website.
10. When the User is creating an Account for commercial purposes and are accepting these Terms on behalf of a company, organization, or other legal entity, the User warrants and represents that they are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you”, “your” and “User” as used in these Terms shall refer to such entity.
11. Some Content you see or otherwise access on, or through the Website, is used for commercial purposes. You agree and understand that we may place advertising and promotions on the Website alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes.
12. In the event of any breach or violation of any Terms hereunder, Dukkaan reserves the right to pursue legal remedies available under the Applicable Law(s).
Retail Partners and Listings
13. Retail Partners shall be able to advertise and lease Space(s) on our Website. A listing is considered to be each Space that the Retail Partner wishes to lease and/or a Product Vendor wishes to book and rent through the Website (“Listing(s)”).
14. Product Vendors shall be able to book and rent Space(s) through the Website. The Product Vendor may search for Space(s) listed on the Website’s featured Spaces, or they may use the search bar on the dashboard to find and select Space(s). The Product Vendor would need to input data such as store name, area name, space type, and/or the rental period, in order to narrow their search. Additionally, the Website shall provide an advanced search option, wherein Product Vendors would be able to further narrow their search by inputting their preferred space position and shelf position.
15. Product Vendors may alternatively use the Website’s online map services in order to visually search for and select Space(s) listed on the Website.
16. The Product Vendor shall have the option of deciding whether or not they would like to add branding to the relevant Space(s) they are booking and renting. The fee for the same shall be solely determined by the Retail Partner.
17. Product Vendors are required to book and rent a Space(s) for a minimum rental period of four (4) weeks.
18. The minimum price applicable for an entire Space listed on the Website shall be one thousand five hundred Dirhams (AED 1,500). From time to time, and at our sole discretion, the prices applicable to each of the Space(s) may vary.
19. Similarly, at our sole discretion, any promotional offers and voucher codes availed and issued as Listing(s) on the Website may change from time to time. Unless otherwise indicated on the Website, we may establish and modify, at our sole discretion, the terms of such promotions and/or the suspension or termination of such promotions at any point, without giving you prior notice.
20. Retail Partners shall be required to publish images of the Space(s) they wish to lease. Dukkaan shall not bear any liability whatsoever regarding the quality, safety, legality of the Space(s) by the Retail Partner, the accuracy of any image, the ability of Product Vendors to book and rent the Space(s), and the ability of the Product Vendors to complete the transactions.
21. Product Vendors shall be solely liable for the viability of any Products and the accuracy of the Product Description on their Account(s). Dukkaan shall not bear any liability whatsoever regarding the quality, safety, or legality of the Product(s) placed by the Product Vendor in the Space(s), and/or the accuracy of the Product Description(s).
22. Retail Partners may only advertise and lease Space(s) that are currently available for sale. It shall be the Retail Partner’s sole responsibility to mark any rented Space(s) as ‘not available’ and/or remove the rented Space(s) from the Website in order to avoid any duplication in rented Listing(s).
23. The Website shall highlight available Space(s) in green, selected Space(s) in blue, and unavailable Space(s) in grey.
24. Product Vendors shall be able to advertise their Products and/or other related items and details in the form of banners on the Website. Such advertisements shall be subject to a price as agreed upon by Dukkaan and the Product Vendor.
25. Retail Partners shall also be able to display advertisements on the Website for an amount as agreed upon between Dukkaan and the Retail Partner.
26. It shall be at our sole discretion to remove any Space(s), Listing(s), and/or Product(s) that violate these Terms and/or your use of the Website.

PROHIBITED ACTIVITIES

1. The Content and information available on the Website are proprietary to Dukkaan or licensed to Dukkaan by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
   1. i. post information on the Website that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s);
   2. ii.publish any copyright material, or material protected by any other Intellectual Property rights, unless a legal right to use and post such material has been obtained and is valid at the time of posting;
   3. iii.infringe or use Dukkaan’s brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
   4. iv.attempt to circumvent any protective technological measure associated with the Website;
   5. v.violate the restrictions of any robot exclusion headers on the Website, bypass, or circumvent their measures employed to prevent or limit access to the Website;
   6. vi.access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website, including, but not limited to, User profiles and photos, using any robot, spider, scraper, or other automated means, or any manual process for any purpose not in accordance with these Terms, or without the express written authorisation from Dukkaan;
   7. vii.attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers (such as search engines like Google and Yahoo);
   8. viii.download any Content unless it is expressly made available for download by Dukkaan from the Website;
   9. ix.post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
   10. x.impersonate or misrepresent your affiliation with another person or entity;
   11. xi.harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
   12. xii.interfere with, or disrupt any of the associated computer or technical delivery systems;
   13. xiii.interfere with, or attempt to interfere with, the access of any User, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
   14. xiv.xiv.modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and
   15. xv.use the Website, or any Content on the Website, in any manner not permitted by these Terms.
2. Users agree not to use the Website in any way or action that may:
   1. i.cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and Dukkaan;
   2. ii.be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and
   3. iii.use the 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.

PROHIBITED PRODUCTS

You agree to not sell, purchase, or transmit photos, videos, graphics, links, or any other form of print or digital media of Products that are not permitted to be sold, purchased, and listed for sale on the Website, through the Website, as per the relevant Applicable Laws. These prohibited Products may include, but are not limited to:

1. i.Alcohol, drugs, tobacco, narcotics, controlled substances in any form, and any related products thereof
2. ii.Adult and mature content including any related products thereof;
3. iii.Gambling tools, machinery, and other products that facilitate gambling;
4. iv.Animals;
5. v.Illegal wildlife products;
6. vi.Nylon fishing nets;
7. vii.Live animals, insects, pets, marine life, and any other mammals and species;
8. viii.Counterfeit and replica products, unauthorised recordings, pirated copies, or any other unauthorised products;
9. ix.Used, reconditioned, and inlaid tyres;
10. x.Radioactive and nuclear material and any devices or containment units for the storage or transportation of these materials;
11. xi.Products that contradict Islamic faith and public morals as is expected in the UAE;
12. xii.Paan and betel leaves;
13. xiii.Dangerous products;
14. xiv.Recalled products;
15. xv.Illegal products encouraging illegal activity;
16. xvi.Intangible products;
17. xvii.Offensive materials; and
18. xviii.Any other goods or products, the importation of which is prohibited under the Common Customs Law or any other law or regulation applicable in the UAE;

CONTENT

1. Ownership of Dukkaan’s Content and Intellectual Property Rights
   1. i.Subject to the express provisions of these Terms, we own, control, license, or reserve all Intellectual Property rights and Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a license to do so from us or our licensors;
   2. ii.Any/all Content posted on the Website and/or submitted by the Users to Dukkaan has been licensed to Dukkaan for any/all purposes that Dukkaan may deem necessary in order to run the Website. We authorise you to view or download a single copy of the material on the Website solely for your business and commercial use, if you include the copyright notice located at the end of the material, for example: “©2021, Dukkaan All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;
   3. iii.Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other Applicable Law(s). Content and features are subject to change or termination without notice in the editorial discretion of Dukkaan. All rights not expressly granted herein are reserved to Dukkaan and its licensors.
2. Your License to Dukkaan’s Content
   1. i.We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Website for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website solely for your business and commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part, except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
   2. ii.If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances.
3. Dukkaan’s License to User Content
   1. i.Upon submission of Your Content, you hereby grant Dukkaan a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use that we deem necessary;
   2. ii.For the avoidance of doubt, “Use” means, but is not limited to, use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, and create derivative works of;
   3. iii.You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users;
   4. iv.You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Dukkaan from any/all claims resulting from Your Content;
   5. v.We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content or Your Account that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances and assume no liability for any Content posted by You.

PAYMENT PROCESS

1. All transactions on the Website shall take place through a third-party payment facilitator and as such, Dukkaan has partnered with CC Avenue. Therefore, Users must ensure that any/all information provided when creating an Account is accurate and recent, including, but not limited to, payment details.
2. Upon checkout, the Total Amount to be paid is the sum of the Total Amount for all the Listing(s) within the ‘My Selections’ section. (“Total Amount”).
3. The price of the Listing(s) shall exclude VAT (unless otherwise stated). The Total Amount due upon checkout shall be inclusive of five percent (5%) VAT. Dukkaan reserves the right to change the prices at any time, without prior notice and at our sole discretion. Additionally, all prices could be subject to additional charges for VAT in the future, once deemed applicable.
4. Your continued use of our Website and input of any information during checkout would be considered as Your authorization for us to share any/all information registered by You, on our platform, with our respective third-party payment facilitator. We reserve the right, at any time, to add or remove our existing third-party payment facilitator or include additional third-party payment facilitators without prior notice, which may be subject to additional terms and conditions.
5. Dukkaan shall not be held liable for the safety and security of your payment information once you have been redirected to the respective third-party payment facilitators’ webpage in order to complete your payment. Your use of our respective third-party payment facilitator is subject to the compliance of their policies and terms and conditions. Please note that Dukkaan has vetted CC Avenue and believe to the best our knowledge (with the information provided to us) that CC Avenue is safe for use.
6. Dukkaan shall not be held liable for any issues arising out of the payment process using the respective third-party payment facilitator once you have been redirected to their page in order to complete the payment.
7. If the payment for the Total Amount due has been settled in full via CC Avenue, then the payment shall be processed within forty-eight to seventy-two (48–72) hours following the Retail Partner’s approval of the Order(s). Product Vendors shall receive payment confirmation from CC Avenue via SMS and/or e-mail immediately once the payment has been approved.
8. Once the payment(s) for the Listing(s) has (have) been made, both the Product Vendor and Retail Partner shall receive an automated notification, detailing the Product’s number and value of units, and the dimensions of the Space(s) booked and rented.
9. Should a Retail Partner wish to lease their Space(s) and/or banner advertisements on the Website’s featured page, they shall be required to pay the appropriate amount for the same. Payment for the same shall be through bank transfer, or CC Avenue.
10. For any issues with regards to the Listing(s), bookings, and/or rentals, please contact our customer service, found under our ‘Contact us’ section of our Website.
Cancellations
11. Should the Product Vendor cancel an Order for a Space(s) prior to the payment being approved by the Retail Partner, the Product Vendor shall receive a full refund of the Total Amount paid.
12. Should the Product Vendor cancel an Order for a Space(s) after the Retail Partner has approved the Order, the Product Vendor would have to cancel such Order(s) thirty (30) days before the rental period for the Space(s) begins, in order to receive a fifty percent (50%) refund, unless otherwise agreed in writing between the Parties.
13. Where the Product Vendor fails to provide advance notice of cancellation to Dukkaan as per Clause 7.12 above, and fails to cancel their Order(s) within the thirty (30) day period leading up to the rental period, then the Product Vendor shall not receive a refund entirely.
14. Where the Product Vendor fails to adhere to the thirty (30) day period specified above, the Product Vendor shall be entitled to a whole or partial refund in very exceptional circumstances. Such refunds shall be considered at the sole discretion of Dukkaan.
15. The Retail Partner shall not be able to cancel any Order(s) whatsoever once they have approved the same. Should they do so, they shall be subject to a cancellation penalty which shall be determined by Dukkaan. The Product Vendor shall also be entitled to a full refund in this case.
16. Refunds where applicable shall be made by Dukkaan using the original mode of payment and shall be processed within five (5) to ten (10) working days. Kindly ensure that you retain a copy of any/all transaction records.
Refunds

17. Any/all cancellations and refunds between the Product Vendor and Retail Partner shall be directly dealt with by Dukkaan. In the event the Product Vendor wishes to cancel a Space(s), they may do so under the following circumstances:

    1. i.Where the Space(s) is (are) not suitable for the category of Product(s) that the Product Vendor wishes to promote. Please note that this shall be at the sole discretion of the Retail Partner;
    2. ii.The Space(s) was (were) damaged;
    3. iii.The Space(s) is (are) not the same as the one in your Order; and/or
    4. iv.In very exceptional circumstances, which shall be decided at Dukkaan’s sole discretion.
18. In the event any cancellations are made pursuant to these Terms, then the following conditions shall apply:
    1. i.For any defects and/or misrepresentations regarding the Space(s), you shall be required to contact Dukkaan for further assistance. We request that you take a picture of the Space(s) as they were provided to you, and add any comment(s) if possible, describing the defect, in order for Dukkaan to assist you better;
    2. ii.For incorrect Space(s), please contact Dukkaan so that we may provide you with the requisite details required to cancel the Order(s) for the Space(s) and retrieve any refund(s) and/or replacement(s) that may be applicable. Please note that Dukkaan shall not bear any liability whatsoever in the case of damaged Space(s) provided by the Retail Partner and/or Product(s) placed by the Product Vendor;
    3. iii.Kindly note that Dukkaan shall bear no liability whatsoever for any damages to the Space(s) and/or the Products placed once they have been provided to the Product Vendor.
19. Dukkaan shall participate and/or mediate issues that arise between the Product Vendor or Retail Partner solely in relation to cancellations and refunds. Dukkaan shall not participate and/or mediate any issues regarding the sale of Product(s). Dukkaan shall only provide either Party with any/all relevant documentation they may need in order to support such issues.
20. For any other situation, please contact our customer service, found under our ‘Contact us’ section of our Website, who will be able to assist you based on your specific inquiry and/or complaint.

PRODUCT VENDOR RATING, REVIEWS, AND FEEDBACK

1. Product Vendor(s) shall be able to rate, review, and provide feedback for the services rendered by Dukkaan and the Space(s) listed on our Website by submitting them on each respective Listing booked and rented by the Product Vendor.
2. Dukkaan shall review the feedback provided by the Product Vendor(s) before publishing such reviews publicly on the Website.
3. Product Vendor(s) reviews, ratings, or feedback do not reflect the opinion of Dukkaan. Dukkaan receives multiple reviews by Product Vendor(s), which reflect the opinions of each individual Product Vendor. It is pertinent to state that each and every review posted on our Website is the personal opinion of that Product Vendor only.
4. Users agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification of each other and the Space(s) to third parties, and shall refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning Dukkaan and the Space(s) listed on the Website. This, however, shall not apply towards any truthful statement made as required by any Applicable Law(s) or by a court or authority of competent jurisdiction.
5. Users agree and accept that by providing your Content to or through the Website, or otherwise including any of your Content that is transmitted to your Account by virtue of your rating, reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
   1. i.host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
   2. ii.make your Content available to the rest of the world and to let others do the same;
   3. iii.to provide, promote, and improve the Website and to make your Content shared on the Website available to other companies, organisations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content of yours on other media and services, subject to our Privacy Policy and these Terms; and
   4. iv.use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of Your Content at our discretion. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorised in these Terms.
6. The Terms of this Clause 8 do not grant other Users a license to host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised.

COMMUNICATION GUIDELINES

1. Pursuant to Clause 8 above, our Website enables Users to rate, review, and provide feedback regarding our Website. Users should ensure appropriate online conduct and behaviour in which Dukkaan reserves the right to review all posts, prior to the feedback posts being visible to other Users on the Website.
2. Should the Product Vendor(s) and Retail Partner(s) wish to communicate with one another, they shall contact Dukkaan with regards to making the required arrangements to rent the Space(s) and arrange payment for the same. Dukkaan shall monitor such communications to ensure that the communication guidelines are followed and met at all times.
3. The Website is only to be used for its intended purpose. You may not use the Content provided through the Website in any manner or for any purpose other than that which is expected.
4. Any/all ratings, reviews, and feedback should be conducted in a professional and respectful manner. Abusive or offensive language, which may be deemed as political, discriminative, threatening, sexual, or of religious nature, as well as any other inappropriate behaviour which violates our Terms, will not be tolerated on our Website and may result in Account review and action, including temporary or indefinite suspension and/or termination.
5. You may not post or submit Content that includes inflammatory speech, endorses, or promotes illegal, immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that may lead to other Users’ harm in any manner.
6. You may not post or submit information or comments on the Website and on third-party social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature, or any other material that is prohibited by law, about Dukkaan and its Website.
7. Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of Dukkaan. Dukkaan shall not bear any liability for mitigating such disputes between the parties as this will be the sole responsibility of the parties involved.
8. Users acknowledge and accept that an actual or threatened breach of any Term(s) of this Clause 9 may be penalised by implementing any one or more of the following:
   1. i.Removal/deactivation of their Account from our Website; and/or
   2. ii.Disqualifying their use of our Website indefinitely unless a written approval has been obtained by us allowing them to recreate their Account.
9. Dukkaan shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.
10. Dukkaan shall not be liable for any direct, indirect, or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses, or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website’s communication and/or communications taking place between the Retail Partner and Product Vendor.

WARRANTIES AND REPRESENTATIONS

1. You agree and acknowledge that the Website is provided on an “as is” basis. Except as otherwise specifically set forth herein, Dukkaan does not make, and hereby disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade and services.
2. We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness, or reliability of any Content obtained through the Website. No information provided through the Website or by us, whether in oral or written form, will create any warranty not expressly made herein. Your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
3. Dukkaan does not endorse any Content posted, submitted, or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection to such Content. You agree that we are not responsible for the accuracy, consistency, or completeness of information uploaded and displayed on our Website.
4. Dukkaan takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Website by you (in the case of Your Content), or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
5. Users acknowledge that Dukkaan may store, record, or document any information exchanged between Users and Dukkaan, and that Dukkaan uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
6. Users must ensure the accuracy and authenticity of any and all information they supply to us through the Website including, but not limited to, personal data, as well as information supplied by the User on behalf of any third-party the User wishes to refer to Dukkaan.
7. Users acknowledge that Dukkaan will process personal data including, but not limited to, names and e-mail addresses in order to provide continued access to the Website, make improvements to the Website, and prevent unauthorised use of the Website.
8. Users agree that Dukkaan is not responsible now or at any time in the future for any unauthorised access including, but not limited to, any virus or other harmful code that may infect the User’s computer, tablet, smartphone, or any other such device as a result of using the Website.
9. Users accept that Dukkaan will not be held responsible and/or liable for any misrepresentations made by the Retail Partner and/or Product Vendor respectively. All such dealings between the Retail Partner and Product Vendor will be managed by themselves and will exclude Dukkaan from any such arrangements. Please note that Users may contact Dukkaan only in the case of misrepresented and/or defective Space(s), as specified in Clause 7.18 (i) above.
10. Users shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls, and any other suitable measures the User deems necessary to ensure the security of the Website is not compromised.
11. Users accept that Dukkaan shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.
12. Users accept that Dukkaan may be required to suspend access to the Website for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any prior notice.
13. All interactions between Users and Dukkaan must be carried out in a responsible, ethical, professional, and legal manner.
14. We may do any or all of the following without notice:
    1. i.investigate your use of the Website as we deem appropriate to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es);
    2. ii.terminate your access to the Website, and suspend your Account temporarily or indefinitely, upon our determining on whether you have violated these Terms; and
    3. iii.edit the Website and any Content without giving you prior notice.
15. While using the Website, you make the following representations and warranties to Dukkaan:
    1. i.you are eighteen (18) years of age or older and are legally allowed to use the Website; and
    2. ii.you acknowledge and understand that you are solely responsible for any information you may choose to disclose to Dukkaan.
16. The Space(s) listed on the Website shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website. If a Minor would like to access the Website, they should take the assistance of a parent/guardian/adult authorised with that Minor’s supervision. We do not personally collect identifiable information from any person we know is a Minor.
17. In the event, a Minor has (i) created an Account; (ii) used an Account belonging to the parent/guardian/adult; and/or (iii) used the Website for any purposes, the Account holder and/or User warrants and represents that such actions are performed under the guidance of an adult after obtaining the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the same Terms and agrees that Dukkaan is not liable or responsible for the User’s failure to act in accordance with this Clause 10.17.
18. When a User visits the Website or sends us e-mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users primarily by e-mail but may use other methods such as telephone or messages on the Website to communicate if we deem necessary. Users agree that all agreements, notices, disclosures, and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active company e-mail address.
19. We may share Users’ personal information with Dukkaan’s partners and third parties licensed to access User personal information. This will include any third-party aggregators partnered with the Website, including, but not limited to, third-party payment facilitators, and any other platform and/or entity that we are engaged with in enhancing our business from time to time.
20. Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives access to your passwords or Accounts. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection to the operation of the Website. We do not assume any responsibility or liability for any information you submit, or third parties’ use or misuse of information transmitted or received using Website tools and services
21. We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website, and use of the Website in any manner other than expressly stated herein.

PRIVACY POLICY

1. In order to provide the Space(s), we need information about you, and we only use your information when we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it, and what choices you have when you use our Website.
2. We adopt standard data collection, storage, processing practices, and security measures in accordance with UAE ICT and TRA laws, in order to protect against unauthorised access, alteration, disclosure, or destruction of Users’ data stored on our Website.

LIMITATION OF LIABILITY

1. You understand and agree that in no event shall the officers, directors, employees, agents, or licensors of Dukkaan be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection to the Content or any Space(s) and/or Product(s), including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Content; (2) unauthorised access to or alteration of Your Content; (3) statements or conduct of any User; (4) Space(s) fault; (5) Product(s) fault; (6) inaccurate information provided on the Website; (7) use or inability to use the Space(s) and/or Product(s); or (8) any other matter related to the Website and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability or otherwise.
2. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it.
3. We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. Dukkaan shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website with or without the consent of the Users.
4. We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to Dukkaan by Users, or to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to Dukkaan is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.
5. Users agree that they will not bring any claim against Dukkaan or any of our officers, directors, employees, agents, and licensors in respect of any losses they suffer in connection to the Website or these Terms.

INDEMNITY

Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to, or use of the Website and the Content, or your violation of these Terms.

VIOLATIONS

1. If Dukkaan becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity has occurred, then we shall refer the matter to any relevant applicable legal authorities.
2. Dukkaan is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any information or materials on the Website, including Your Content, to:
   1. i.comply with Applicable Law(s), legal process(es), or governmental request(s);
   2. ii.enforce the Terms;
   3. iii.respond to any claims that Your Content violates the rights of third parties;
   4. iv.respond to your requests for customer service, provided no confidential information is being divulged (customer service will only have access to details that will aid them in responding to queries regarding your Listing(s), Order(s), Account, or access to the Website); or
   5. v.protect the rights, property, or personal safety of Dukkaan, its Users, or the public, and all enforcement or other government officials, as Dukkaan in its sole discretion deems to be necessary or appropriate;
3. In the event, the User has violated these Terms, Dukkaan can temporarily suspend the User’s Account or indefinitely terminate the Account at our sole discretion.

SEVERABILITY

If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Law(s).

WAIVER

1. If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
2. Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).

THIRD-PARTY RIGHTS

These Terms are between the Users and us. No other third-party shall have any right to enforce any of its terms, unless expressly stated in these Terms, or as authorised in writing by Dukkaan.

FORCE MAJEURE

1. Dukkaan shall not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including, but not limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving Dukkaan’s employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.
2. Dukkaan reserves the right to postpone, cancel, or provide a refund as it deems fit in the event of a force majeure. Any refunds are subject to the sole discretion of Dukkaan.

GOVERNING LAW AND JURISDICTION

1. These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (“DIFC”) and the respective Applicable Laws, including, but not limited to, the electronic transaction and e-commerce Laws of the UAE.
2. The parties irrevocably agree that the DIFC Courts shall have sole jurisdiction to settle any dispute or claim that arises out of or in connection to these Terms or its subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of Sharjah may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Sharjah instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Sharjah) and/or in the event of enforcing the DIFC Court judgment.

CONTACT INFORMATION

For further inquiries or comments about Dukkaan’s Website or these Terms and Conditions, please contact us through email on: [email protected].