DEFINITIONS

These definitions and rules of interpretation in this Clause 2 shall apply throughout these Terms:

“Account” means the Account you create using your electronic mail (email) account to access the Website and/or App;

“App” refers to the Yabi Application, owned by The Comparison House DMCC, engineered by Yabi Technologies.

“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any other country or region from where you are accessing the Website and/or App;

“Content” means any information, texts, 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 and/or App;

“Customer” means the User who has purchased one (1) or more of the Products provided by the Website and/or App;

“External Sites” has its meaning given to it under Clause 3.6 below;

“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;

“Order(s)” means any Product(s) purchased by the User through the App;

“Minor” has its meaning given to it under Clause 9 below;

“Policies” means any terms, conditions, and policies (separate from these Terms), made available on the Website and/or App;

“Terms” means the clauses of these Terms and Conditions;

“User” means the Account holder or a User of the Website who is purchasing the Products provided on the Website and/or App;

“VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations;

“Website” means the Website owned by Yabi to provide and facilitate e-commerce services such as the sale and purchase of Product(s) to the User;

“Yabi” means Yabi Technologies Ltd, a company registered under Dubai International Financial Centre, holding trade license CL6134 and their respective directors, agents, officers, and employees, powered by The Comparison House DMCC, a subsidiary of ADGM SAM Holdings Ltd, with license number JLT-67466.

USE OF THE WEBSITE & APP

• In order to use and access certain features of the Website and/or App, the User may create an Account using their email address. In order to create an account on our Website and/or App, the User must provide complete and accurate information, and warrant to update such information as and when required. The User must keep their password 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 eight (8) character passwords, with a combination of upper-case and lower-case letters, and numbers.
• In creating an Account, you represent and warrant that all information provided to us in such process is true, accurate, and correct, and that you 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 an e-mail address other than your own, provide or use false information to obtain access to the Website and/or App 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 the Website and/or App 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.
• The User represents and warrants that you are at least eighteen (18) years of age and are able to enter into legally binding agreements.
• We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued use of the Website and/or App 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 and/or App.
• We may, from time to time, decide to change, update, or discontinue certain features of the Website and/or App. 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).
• The Website and/or App 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.
• The Website and/or App will include external links to Yabi’s TikTok and Instagram pages.
• 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 and/or App.
• With your explicit consent, we may, at times, solicit specific third parties to furnish information about you. This is done to enhance your personal experience on our website/app and to offer certain services that may not be accessible to all users of our website/app.
• Some Content you see or otherwise access on, or through the Website and/or App 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.
• In the event of any breach or violation of any Terms hereunder, Yabi reserves the right to pursue legal remedies available under the Applicable Law(s).
• The material on this Website and Our products and services. Unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract and does not form part of the Terms for such products and services.
• Should You decide to link and integrate your email account with Yabi, We may gain access to said account for the following purposes:

• Retrieving details from your credit card statements, such as the total amount due, minimum amount due, and due date.
• Gaining insights into your spending patterns to enhance your awareness and enable informed financial decisions.
• Identifying utility service providers and insurers you engage with, in order to retrieve relevant billing and insurance information.
• Customizing financial, investment, or other product recommendations based on your financial transactions, investments, and prior financial behavior.
  • Yabi’s access to your email account(s) is facilitated through the access mechanisms provided by your email service provider. If you grant permission for the Yabi App to monitor your credit card accounts, the App will securely store account details for each of your email accounts, including your sign-in username and authorization tokens for the tracked accounts.
  • You retain the option to grant access to one or more of your email accounts by explicitly consenting to each account individually. It is important to note that your consent for any of the aforementioned actions is entirely voluntary, and you may discontinue email account access at any time.
  • We solely review emails related to financial services, including but not limited to credit card statements, loan statements, insurance policies, and biller details. We do not access, open, or read personal emails. Yabi employs automated processes to access and analyze information provided by you. In certain cases, our algorithms may be utilized to access password-protected documents, using information provided by you. Further details on our email processing procedures and security protocols are available [https://yabimoney.com/security/] (link to security protocol information).
  • We may obtain supplementary information about you, including data intended to aid in the detection of fraud and safety concerns, from third-party service providers and partners. This information may be combined with data we already possess. Additionally, information about your activities and experiences, as well as interactions, may be received from partner advertising networks.
  • The information is not intended to be taken as financial advice and does not take into account any self-directed investor’s individual requirements and circumstances. The information on this Website and/or App is general in nature and should not be considered as personalized investment advice, as it does not consider Your financial objectives or personal circumstances.
  • You are solely responsible of your own due diligence and making any decisions that may impact Your financial situation. Your investment strategy must reflect Your personal risk profile and goals that varies among all the other Users.
  • This is not an offer, solicitation of an offer, or advice to buy or sell securities, or open an account in any jurisdiction where Yabi is not registered.
  • Articles, courses, online classes, calculators and other tools and communications by Yabi reflect the opinions of only the authors who are associated persons of Yabi and do not reflect the views of Yabi or any of its subsidiaries or affiliates. They are meant for informational purposes only, are not intended to serve as a recommendation to buy or sell any financial products and are not an offer or sale of a financial product. They are also not research reports and are not intended to serve as the basis for any investment decision. Any third-party information provided therein does not reflect the views of Yabi or any of their subsidiaries or affiliates.
  • Financial coaching is a value-added service that Yabi provides on an as-is basis. Yabi onboards highly qualified and well reputable coaches however, Yabi shall not be held liable or responsible for the financial coaches’ input on a person’s finances, personal finance management, investments, or wealth management strategies.

All investments involve risk and the past performance of a security or financial product does not guarantee future results or returns. Keep in mind that while diversification may help spread risk, it does not assure a profit or protect against loss. There is always the potential of losing money when you invest in financial products. Investors should consider their investment objectives and risks carefully before investing. The price of a given security may increase or decrease based on market conditions and customers may lose money, including their original investment.

PROHIBITED ACTIVITIES

The Content and information available on the Website and/or App are proprietary to Yabi. Users agree that they shall not engage in any of the following activities in connection with your use of the Website and/or App:

post information on the Website and/or App that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s);

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;

infringe or use the Website and/or App’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;

attempt to circumvent any protective technological measure associated with the Website and/or App;

violate the restrictions of any robot exclusion headers on the Website and/or App, bypass, or circumvent their measures employed to prevent or limit access to the Website and/or App;

access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website and/or App, including but not limited to, User profiles and photos, using any robot, spider, scraper, or any other automated means, or any other manual process for any purpose not in accordance with these Terms, or without the express written authorisation from Yabi;

attempt to access or search the Website and/or App or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, or data mining tools) other than through software generally available through web browsers (such as search engines like Google and Yahoo);

download any Content unless it is expressly made available for download by the Website and/or App;

post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;

impersonate or misrepresent your affiliation with another person or entity and/or App;

harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;

interfere with, or disrupt any of the associated computer or technical delivery systems;

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 and/or App;

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/or App; and

use the Website and/or App, or any Content on the Website and/or App, in any matter not permitted by these Terms.

Users agree to not use the Website and/or App in any way or action that may:

cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and Yabi;

be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and

use the Website and/or App to copy, store, host, transmit, send, use, publish, or distribute any material which consists of any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

CONTENT

Ownership of Yabi’s Content and Intellectual Property Rights

Subject to the express provisions of these Terms, we own, control, license, or reserve all Intellectual Property rights and Content used on the Website and/or App. 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, App or Content. You must not use any part of the Content on our Website and/or App for commercial purposes without first obtaining a license to do so from us or our licensors;

Any/all Content posted on the Website/App and/or submitted by the Users to Yabi has been licensed to Yabi for any/all purposes that Yabi may deem necessary in order to run the Website and/or App, we authorise you to view or download a single to run the Website and/or App. We authorise you to view or download a single copy of the material on the Website and/or App solely for your personal, non-commercial use, if you include the copyright notice located at the end of the material, for example: “©2022, Yabi All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;

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 Yabi. All rights not expressly granted herein are reserved to Yabi and its licensors.

Your License to Yabi’s Content

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 and/or App for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website and/or App solely for your personal, non-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;

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.

Yabi’s License to User Content

Upon submission of Your Content, you hereby grant Yabi 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;

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;

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;

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 Yabi from any/all claims resulting from Your Content;

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, the App 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.

SUBSCRIPTION AND PAYMENT TERMS

Subscription

We reserve the right to change the pricing of the subscription. We will inform you thirty (30) days in advance to get your consent.

Subscription is renewed either monthly or annually, based on the selected subscription package, on the same date and will not be renewed without the user’s consent.

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 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.

Yabi has partnered with certain third-party payment aggregators. Therefore, you must ensure that any and all information that you provide when creating your Account is accurate and recent, including your payment details; thereby, you are authorising us to share this information with the respective third-party payment facilitator. We may, at any time, add or remove our third-party payment facilitator without notice, which may be subject to additional terms and conditions.

Yabi 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 purchase. Your use of our respective third-party payment facilitator is subject to the compliance of their policies and terms and conditions.

Yabi will 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.

If the payment for the subscription has been settled in full via Payment Aggregators.

Customers shall receive a confirmation e-mail immediately after they have made an Order.

For any issues with regards to the subscription and/or payment process, please contact us at support@souqalmal.com for us to assist you better.

Refunds

You are eligible for a refund on a case-by-case basis as we are a yearly prepaid subscription. The refund takes fourteen (14) business days to process and is prorated based on the usage timeline.

For any other situation, please contact us at ⦁ support@souqalmal.com, so we can assist you better based on your specific inquiry and/or complaint.

USER RATING, REVIEWS, AND FEEDBACK

Customers are able to rate, review, and provide feedback for the subscriptions as well as the Financial Coaches listed on our Website and/or App.

User reviews, ratings, or feedback do not reflect the opinion of Yabi. Yabi receives multiple reviews by Customers, which reflect the opinions of each individual Customer. It is pertinent to state that each and every review posted on our Website is the personal opinion of that Customer only.

Customers agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification of the Website, and shall refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning the Website, Yabi, and the Products 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.

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:

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;

make your Content available to the rest of the world and to let others do the same;

to provide, promote, and improve the Website and/or the App and to make your Content shared on the Website and/or App available to other companies, organizations, 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

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.

The Terms of this Clause 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

Pursuant to the Clause above, our Website and/or App enables Customers to rate, review, and provide feedback on the products/subscription packages listed on our Website and/or App. Customers should ensure appropriate online conduct and behaviour in which Yabi reserves the right to review and/or delete at their sole discretion.

The Website and/or App is only to be used for its intended purpose. You may not use the Content provided through the Website and/or App in any manner or for any purpose other than that which is expected.

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/or App and may result in Account review and action, including temporary or indefinite suspension and/or termination.

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.

You may not post or submit information or comments on the Website and/or App 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 Yabi and its Website.

Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of Yabi. Yabi shall not bear any liability for mitigating such disputes between the parties as this will be the sole responsibility of the parties involved.

Users acknowledge and accept that an actual or threatened breach of any Term(s) of this Clause 10 may be penalized by implementing any one or more of the following:

Removal/deactivation of their Account from our Website and/or App; and/or

Disqualifying their use of our Website indefinitely unless a written approval has been obtained by us allowing them to recreate their Account.

Yabi shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.

Yabi 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.

WARRANTIES AND DISCLAIMERS

You agree and acknowledge that the Website is provided on an “as is” basis. Except as otherwise specifically set forth herein, Yabi 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.

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.

Yabi 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.

Yabi 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.

Users acknowledge that Yabi may store, record, or document any information exchanged between Users and Yabi, and that Yabi uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.

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 Yabi.

Users acknowledge that Yabi 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.

Users agree that Yabi 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.

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.

Users accept that Yabi shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.

Users accept that Yabi 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.

All interactions between Users and Yabi must be carried out in a responsible, ethical, professional, and legal manner.

We may do any or all of the following without notice:

⦁ investigate your use of the Website and/or App as we deem appropriate to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es);

⦁ terminate your access to the Website and/or App, and suspend your Account temporarily or indefinitely, upon our determining on whether you have violated these Terms; and

⦁ edit the Website and/or App and any Content without giving you prior notice.

While using the Website and/or App, you make the following representations and warranties to Yabi:

⦁ you are eighteen (18) years of age or older and are legally allowed to use the Website; and

⦁ you acknowledge and understand that you are solely responsible for any information you may choose to disclose to Yabi.

The Products advertised 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 collect identifiable information from any person we know is a Minor.

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 Yabi is not liable or responsible for the User’s failure to act in accordance with this Clause.

When a User visits the Website, the App 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 e-mail address.

We may share Users’ personal information with Yabi’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.

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 and/or App. 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.

We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website, the App and use of the Website and/or App in any manner other than expressly stated herein.

PRIVACY POLICY

In order to provide the Products, 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 and/or App.

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 and/or App.

You agree and acknowledge that we reserve the right to change these general practices at any time and at our sole discretion.

LIMITATION OF LIABILITY

You understand and agree that in no event shall the officers, directors, employees, agents, or licensors of Yabi be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection to the Content or any Product, 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) Product fault; (5) inaccurate information provided on the Website and/or App ; (6) use or inability to use the Product; or (7) any other matter related to the Website and/or App and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability or otherwise.

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 and/or App or to your downloading of any material posted on it

We will not be held liable for any Content uploaded onto or downloaded from the Website and/or App. Any Content uploaded to or downloaded from the Website and/or App shall be the sole responsibility of the Users. Yabi shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website and/or App with or without the consent of the Users.

We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to Yabi by Users, or to Users through the Website and/or App. You hereby acknowledge and agree that your acceptance of information provided to Yabi 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.

Users agree that they will not bring any claim against Yabi or any of our officers, directors, employees, agents, and licensors in respect of any losses they suffer in connection to the Website and/or App 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/all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to, or use of the Website and/or App and the Content, or your violation of these Terms.

VIOLATIONS

If Yabi 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.  

Yabi is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any information or materials on the Website and/or App, including Your Content, to:

⦁ comply with Applicable Law(s), legal process(es), or governmental request(s);

⦁ enforce the Terms;

⦁ respond to any claims that Your Content violates the rights of third parties;

⦁ 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 Order(s), Account, or access to the Website and/or App); or

⦁ protect the rights, property, or personal safety of Yabi, its Users, or the public, and all enforcement or other government officials, as Yabi in its sole discretion deems to be necessary or appropriate.

In the event, the User has violated these Terms, Yabi 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

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.

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 Us.

FORCE MAJEURE

Yabi 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 and/or App (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website and/or App), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving Yabi’s employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.

Yabi 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 Yabi.

GOVERNING LAW AND JURISDICTION

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.

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 Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Dubai 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 Dubai) and/or in the event of enforcing the DIFC Court judgment.

CONTACT INFORMATION

For further inquiries or comments about Yabi’s Website, App, or these Terms and Conditions, please contact us at support@souqalmal.com.