WELCOME TO AZIFO!
Azifo.com Limited (“Azifo”) is a leading classifieds platform that offers sellers the opportunity to list products and services under a number of categories, and the opportunity for buyers to browse, search for, and contact sellers to buy the listed products or services.
Service(s) means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by us.
Platform(s) means the websites, mobile apps, mobile sites or other online properties through which we offer our Services.
1.2 By accessing and/or using the Platform and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change and/or be updated from time to time at Azifo’s sole discretion. Such changes are effective on the date that they have been posted on the website.
1.3 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Azifo or the Service in any way, you must immediately discontinue use of the Platform and the Service, otherwise, such continued use shall be deemed to be an explicit consent of these Terms.
1.4 These Terms may be updated by Azifo at any time at its sole discretion. It is your responsibility to check the latest Terms and keep a copy of these Terms.
1.5 Azifo may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version shall supersede and govern the terms of your relationship with Azifo regardless of any other translation that may be provided thereto. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.
2. DESCRIPTION OF SERVICE AND CONTENT POLICY
2.1 The legal responsibilities and liabilities of Azifo are excluded or limited; - you take on risk, responsibilities and liability; and - any rights you have against Azifo are limited or excluded. The statements made in this Section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. Azifo and/or other persons may have claims and other rights against you as a result of these statements.
2.2. Azifo is a platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors, Azifo is not in any way involved in such transactions, including but not limited to payment of any sales or applicable taxes. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Azifo is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. Azifo does not provide any warranty or guarantee and assumes no liability for any products sold or purchased, or services listed, or any kind of promotion for investment opportunities, and is not responsible for any returns, refunds, or disputes between users of the Platform. As far as the law allows, you use the Service and the Platform at your sole risk and responsibility..
2.3 You understand that Azifo is not responsible for listings, ads, user generated content, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Platform or another Third Party Platform (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service (hereinafter referred to as the"Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will Azifo be liable in any way for the Content or for any loss and/or damage of any kind incurred as a result of the browsing, searching, using or reading any Content listed, e-mailed or otherwise made available via the Service. Azifo is not obliged to pre-screen or approve any Content, but Azifo has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Azifo’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites (hereinafter referred to as "Third Party Platforms") which are completely unrelated to Azifo. If you link to Third Party Platforms, you may be subject to those Third Party Platforms’ terms and conditions and other policies. As far as the law allows, Azifo makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Platforms, and your linking to any other websites is, as far as the law allows, completely at your own risk and Azifo disclaims all liability thereto.
2.4 You are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
2.4.1. you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Azifo to use such Content in any way but not limited to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and
2.4.2. you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual
person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Azifo an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Azifo's (and its successors' and/or subsidiaries and/or affiliates) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Azifo in order to host and display your Content. Furthermore, by you posting Content to any area of the Service, you agree to and do hereby grant to Azifo all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Platform a non-exclusive license to access your Content through the Platform (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes).
2.4.3. Azifo does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, Azifo expressly disclaims any and all liability in connection with user Content. Azifo does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Azifo may, at its sole discretion, remove any infringing Content. Azifo reserves the right to remove any Content without prior notice. Azifo may also terminate a user's access to the Platform. Further, at its sole discretion, Azifo reserves the right to decide whether any Content is appropriate and complies with these Terms.
2.5 The below practices are considered prohibited on Azifo:
2.6 Any listing / post or message or comment be it public or private that contains one or more of the below prohibited content will be deleted, once Azifo identifies it and/or are notified in writing about it and Azifo reserves the right to permanently delete the user account, blacklisting the account, and/or reporting the content and the user information to Law Enforcement or the appropriate Authority:
2-7 Azifo reserves the right to delete any listing / post that, and at its own discretion, finds it inappropriate, undesirable or prohibited, Sale of animals without a license from relevant authorities may be a criminal offence in certain countries (including in the United Arab Emirates, where this is prohibited in accordance with applicable laws). Azifo reserves the right to remove any post relating to the sale of animals, or alternatively to request from any advertiser a copy of a valid license for the sale of animals. If a license is requested by Azifo for any reason and the advertiser fails to provide a copy within the period of time specified by Azifo, Azifo reserves the right to immediately remove any post.
3. VALUE ADDED SERVICES (“VAS”) AND ONLINE PURCHASES (“OP”)
3.3 In respect of any value added service or other product sold by Azifo, Azifo shall have the right to set or otherwise determine an expiration date for that value added service or product (which date may be amended by Azifo at its sole discretion from time to time). If a customer fails to use a product within the validity period (as communicated by Azifo to the customer through any communication means available to Azifo), the customer will no longer be able to make use of the relevant product following the expiration date without having the right to receive any compensation or refund from Azifo.
4. Azifo WALLET
At any time and without prior notice, Azifo may update, change and/or terminate in whole or in part (i) any of its content or services, including Azifo Wallet; and (ii) these terms and conditions. Any update, change and/ or termination shall be effective immediately upon posting or implementation on any Platform or Service.
Azifo reserves its absolute right to control, eliminate, manage, modify and/or regulate Azifo Wallet, its content, service, technology, platform and all related matters, as it sees fit in its sole discretion and Azifo shall have no liability whatsoever upon its exercise of such rights.
Azifo may audit and inspect a user’s Azifo Wallet account in order to investigate system errors or to confirm any reported or potential violation of these terms and conditions or any of the policies, rules and regulations of Azifo.
Any dispute regarding Azifo Wallet should be reported to Azifo within twenty-four (24) hours from the time the problem is discovered by the user.
The user irrevocably and fully waives all claims against Azifo.
You agree not to publicly or privately post, email, host, display, upload, modify, publish, transmit, update or share any information on the Platform, or otherwise make available Content:
Additionally, you agree not to:
6. PAID POSTINGS
Azifo may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Platform. Each party posting Content to the Platform or/and Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
If a user fails to pay all amounts due within the time period agreed with Azifo, then Azifo shall have the right (at its sole discretion) to suspend any service provided or prevent the user from accessing the platform, even if the user pays part of the amounts which are due or outstanding.
7. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
Azifo is not liable for any infringement of copyright and/or any other intellectual property rights, arising out of materials posted on or transmitted through the Platform, or items advertised on the Platform, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Azifo together with a request to Azifo to delete the relevant Content in good faith. Azifo’s cooperation shall not be considered in any manner whatsoever an acknowledgment of its responsibility and/or liability in whole or in part for any such infringement The notification and the request must contain the following information:
Notifications must be sent to Azifo via the Help Center or the Contact Us section.
8. NO SPAM POLICY
This Section has important legal consequences for you. In this section you take on risk, responsibilities and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to Azifo and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Azifo users or email addresses or through Azifo computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Azifo may monitor usage using human monitors or automated software to flag certain words associated with spam or scams in that are sent between one user to another in the Azifo’s systems, Services and Platforms be it public or private. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of Azifo computer systems is a violation of these Terms and certain applicable laws, in particular and without limitation to the cybercrimes legislation of any applicable law. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our users by obtaining any of their information, email or phone numbers from our Platform, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant country’s laws.
9. LIMITATION AND TERMINATION OF SERVICE
10. ABILITY TO ACCEPT TERMS OF SERVICE
This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, agreements, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are a minor and want to contact us, you may only do so through your parent or legal guardian.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Azifo without restriction. Any assignment or transfer by you shall be null and void.
12. DISCLAIMER OF WARRANTIES
In this Section: - the legal responsibilities and liability of Azifo are limited or excluded; - the rights or remedies you may have against Azifo are limited or excluded; and - you take on risk, responsibilities and liability. There are things that may go wrong when using the Platform and/or the Service, including what is listed in this Section. Azifo is not responsible or liable for anything that goes wrong, including without limitation to what is listed in this Section. You use the Platform and the Service knowing and accepting that these things can go wrong and that there are risks. AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Azifo, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. Azifo MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY PLATFORMS LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. Azifo DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Azifo WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS FAR AS THE LAW ALLOWS, IN NO EVENT SHALL Azifo, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Azifo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE Azifo SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Azifo SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Azifo MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW.
13. LIMITATIONS OF LIABILITY
15.1 You agree that with respect to any claim or dispute at law or equity that has arisen, or may arise, between you and Azifo (or any related third parties) that relates in any way to the Terms, your use of or access of the Platform and the Services will be resolved pursuant to the laws of England and Wales without regard to principles of conflict of laws.
15.2 You agree that any and all disputes or claims that have arisen, or may arise, between you and Azifo (or any related third parties) that relate in any way to or arise out of the Terms, your use of or access to our Platforms or Services, the actions of Azifo or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration will be conducted under the DIFC-LCIA Arbitration Rules as amended from time to time after notice has been provided to the other party. The number of arbitrators shall be one, chosen and appointed in accordance with the DIFC-LCIA Arbitration Rules. The seat of arbitration shall be in the Dubai International Finance Centre. The language used in the arbitral proceedings shall be English.
15.3 If any provision of the Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
15.4 Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms.
15.5 The Terms and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Azifo, and supersede all prior understandings and agreements of the parties.
15.6 The following Sections survive any termination of the Terms: Conduct; Disclaimer of Warranties;
Limitations of Liability and Miscellaneous.