Rafeeg Terms and Conditions
Welcome to Rafeeg. These are the terms and conditions governing your access to and use of the rafeeg app and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Rafeeg Commercial brokerage (“we”, “us” or “Rafeeg”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
- Eligibility for Membership
Rafeeg wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the App. Without prejudice to any other rights and remedies of Rafeeg under this User Agreement or at law, Rafeeg reserves the right to limit or withdraw access to the Site or the membership of any person if Rafeeg believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Rafeeg. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
- Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Rafeeg of any unauthorised use of your password or account or any other breach of security. In no event will Rafeeg be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse Rafeeg for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
- You will provide true, accurate, current and complete information about yourself as prompted by Rafeeg ‘s registration form (the “Registration Data”).
- You will not include:
- any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word ” Rafeeg ” in your registration user ID.
- Your store name shall not include the word ” Rafeeg ” and should not reflect the current business name.
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Rafeeg has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Rafeeg under this User Agreement or at law, Rafeeg has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Rafeeg may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to Rafeeg upon such requests. You acknowledge and agree that if you do not, Rafeeg without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
- Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Rafeeg requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- Amendments to this User Agreement
You acknowledge and agree that Rafeeg shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that Rafeeg at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
- Online Payment
- United Arab of Emirates is our country of domicile.
- If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- We accept payments online using Visa and MasterCard credit/debit card in AED and USD currency.
- The Pricing may vary based on selected requirements by the customer”.
- http://www.Rafeeg.ae/ will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
- Multiple shipments may result in multiple postings to the cardholder’s monthly statement.
- Your Information
- Use of the Site While using the Site, you will not:
o post Information or content or list services in an inappropriate category or areas on our Site;
o post services you do not have a right to link to or include;
o post services that are concurrently listed for sale on a website other than the Site;
o post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
o post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
o post counterfeit or stolen services;
o post Information or services which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
o post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
o post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
o post any Information or content or list services which may (in our sole discretion) be considered culturally or religiously offensive in any way;
o post any Information or content or list services which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
o post Information or content or list services which may (in our sole discretion) threaten national security;
o post Information or content or list services which may (in our sole discretion) constitute or be considered to promote gambling;
o use “keyword spamming” in listing services for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
o fail to deliver services purchased from you, unless the customer fails to meet the posted terms, or you cannot authenticate the customer’s identity;
o attempt to conclude transactions relating to an offer for sale on the Site (including by cancelling an offer of sale) outside of the Site;
o use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other services directly and/or from another website;
o claim a service was not sold when in Rafeeg’s sole discretion the services was sold in accordance with this User Agreement and the Site’s policies;
o manipulate or attempt to manipulate the Site in any way including the prices of any services on the Site (either alone or in conjunction with other users);
o circumvent or manipulate our fee structure, the billing process, or fees owed to Rafeeg;
o take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Rafeeg);
o transfer your Site account (including feedback) and username to another party without our consent;
o distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
o distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
o create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
o take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
o interfere or attempt to interfere with the proper working of the Site;
o attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
o export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
o copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
o violate any laws, rules, regulations, guidelines, third party rights or our policies;
o abuse Rafeeg’s Shipping Policy , MyWallet Policy , Listing Policy , or any of Rafeeg’s other policies or terms and conditions posted on the Site from time to time;
- directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following services:
o securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
o living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
o liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
o religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
o antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
o used cellular phone SIM Cards, except if the transaction is in accordance with the local operators’ rules pertaining to transfer of ownership of the same;
o services that to your knowledge are fake, false or misleading or that may through normal use harm another Site user’s interest or health;
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Rafeeg, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Rafeeg and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
“Rafeeg” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Rafeeg and are protected by international trademark and other intellectual property rights and laws. Rafeeg’s trademarks may not be used in connection with any service that is not Rafeeg’s nor in any manner that disparages or discredits Rafeeg. All other trademarks not owned by Rafeeg that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rafeeg.
11. Abusing Rafeeg
Please report problems of any kind or violations of this User Agreement to Rafeeg. If you believe that your intellectual property rights have been violated, please notify Rafeeg. Without prejudice to any other rights and remedies of Rafeeg under this User Agreement or at law, Rafeeg may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also Rafeeg can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
12. Customer Protection
Rafeeg has a “Customer Protection Program” which seeks to assist customers to ensure their purchase is protected against fraud by any service providers on the Site. If a customer has purchased a service by way of any of the Rafeeg SafePay processes and never received it or received a service worth significantly less in value compared to what was described by the service provider, the customer may seek protection under the Customer Protection Program. The Customer Protection Program involves reimbursement by Rafeeg to the customer of the value of the service only. To be eligible under the Customer Protection Program a customer needs to file a complaint with Rafeeg within 48 hours of receiving (or not receiving) the relevant service. Rafeeg will investigate the matter and if it has been determined (by Rafeeg in its sole discretion) that the service provider has intentionally defrauded the customer in relation to the service for which Rafeeg has reimbursed the customer, Rafeeg may limit, suspend or withdraw the service provider’s access to the Site and/or the service provider’s membership and Rafeeg may charge the service provider for Rafeeg’s costs in reimbursing the customer and for any handling and shipping (in accordance with the Fees & Credit Policy) . Rafeeg reserves the right to take such further steps as it considers necessary including without limitation legal action.
Fees for defective Services :
Due to Service provider’s Fault (e.g., repaired item defective …
i. If the customer claimed Within the 30 Days of the date of delivery
- Service provider pays the Fees (logistics, repair and parts)
ii. If the customer claimed after the 30 Days of the date of delivery ( *Only if returned approved )
- Customer and Service Provider are liable for service fees
2. Due to Customer’s Fault
i. Only if returned approved
- Customer pays the Delivery Shipment Fees
- Customer Pays the Return Shipment Fees
13. Platform for Communication
The Site is only a
platform for communication whereby users may meet and interact with one another
for the purpose of the sale and purchase of services. Rafeeg does not buy or
sell services. Rafeeg is not and cannot be a party to or control in any manner
any transaction between two users of the Site and cannot guarantee that a
customer or service provider will complete a transaction or accept the return
of a service or provide any refund for the same. You will not hold Rafeeg
responsible for other users’ content, actions, or inactions, or services or
Information they list or post. In particular:
o Rafeeg is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of services from the service provider to the customer. The contract for sale of any service shall be a strictly bipartite contract between the service provider and the customer. At no time shall any right, title or interest over any service vest with Rafeeg nor shall Rafeeg have any obligations or liabilities in respect of such service or the contract between the customer and service provider.
o Rafeeg is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of services which are unavailable.
o Rafeeg is not required to mediate or resolve any dispute or disagreement between users.
o Rafeeg has no control over and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of users’ content or listings, the ability of service providers to sell services, or the ability of customers to pay for services.
o Rafeeg does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the service proposed to be sold or purchased on the Site. In particular, Rafeeg does not implicitly or explicitly support or endorse the sale or purchase of any service on the Site, nor is Rafeeg a supplier of any service sold by users or purchased by users.
o Rafeeg does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
o The Site may include links to third party websites that are controlled by and maintained by others. Rafeeg cannot accept any responsibility for the materials or offers for services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such services of a destructive nature and you acknowledge and agree that Rafeeg is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
o Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and Rafeeg holds no responsibility in respect of such arrangements.
o Rafeeg accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
o Rafeeg excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
o You release and indemnify Rafeeg and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
15. Breach of User Agreement
Without prejudice to any other rights and remedies of Rafeeg under this User Agreement or at law or otherwise, Rafeeg may immediately and without liability: limit your activity, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
- If you breach this User Agreement;
- If Rafeeg is unable to verify or authenticate any information you provide; or
- If Rafeeg believes (in its sole discretion) that your actions may cause legal liability for you, other users or Rafeeg.
Rafeeg may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Rafeeg or use the Site in any manner whatsoever until such time that such user is reinstated by Rafeeg. Notwithstanding the foregoing, if you breach this User Agreement Rafeeg reserves the right to recover any amounts due and owing by you to Rafeeg or any losses and damages caused by you to Rafeeg and to take such steps including legal action and/or the initiation of criminal proceedings against you as Rafeeg in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Rafeeg ‘s right to take any actions with respect to that, or subsequent or similar breaches. Rafeeg does not guarantee that it will take action against all breaches that there may be of this User Agreement.
16. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Rafeeg under this User Agreement or at law or otherwise, Rafeeg may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
17. No Warranty
Rafeeg provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Rafeeg makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Rafeeg makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Rafeeg has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
18. Limitation of Liabilities
To the extent permitted
by law, Rafeeg, its officers, employees, agents, affiliates and suppliers shall
not be liable for any loss or damage whatsoever whether direct, indirect,
incidental, special, consequential or exemplary, including but not limited to,
losses or damages for loss of profits, goodwill, business, opportunity, data or
other intangible losses arising out of or in connection with your use of the
Site, its services or this User Agreement (however arising, including
negligence or otherwise and whether or not Rafeeg has been advised of the
possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Rafeeg and Rafeeg shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Rafeeg and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
20. Relationship and Notice
None of the provisions of
this User Agreement shall be deemed to constitute a partnership or agency
between you and Rafeeg and you shall have no authority to bind Rafeeg in any
Except as explicitly stated otherwise, any notices to Rafeeg from you shall be given by you by email to Rafeeg at info@Rafeeg.ae with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Rafeeg by return email. Any notices to you from Rafeeg shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim,
controversy or difference (including in relation to any tortious or statutory
claim) (“Dispute”) arises out of or in connection with or in relation
to this User Agreement, including (without limitation) any question regarding
the formation, existence, scope, performance, interpretation, validity or
termination of this User Agreement or this clause, or any question regarding
the legal relationships established by this User Agreement or the consequences
of its nullity, then the parties shall first attempt amicably to settle the
Dispute through good-faith negotiations over a period of thirty (30) calendar
days commencing on the date that a party first sends to the other party a
written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre – London Court of International Arbitration (“LCIA”), which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Rafeeg to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Rafeeg shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
22. Transfer of Rights and Obligations
You hereby grant Rafeeg the right to, and irrevocably acknowledge and agree that Rafeeg may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Rafeeg agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Rafeeg, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Rafeeg.
If any clause of this
User Agreement shall be deemed invalid, void or for any reason unenforceable,
such clause shall be deemed severable and shall not affect the validity and
enforceability of the remaining clauses of this User Agreement. This User
Agreement (as amended from time to time in accordance with the terms of this
User Agreement) sets forth the entire understanding and agreement between you
and Rafeeg with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
24. Governing Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
25. Refund Policy
o Refunds will be done only through the Original Mode of Payment.
o Once you made your payment, it’s not
possible to refund your payment for your service.
We will provide 100% refund of your payment only if the service has been cancelled and not used within 7 days from date of purchase
o 100% cancellation charge if the service has been delivered.
26. Device Warranty & Repair related Information
Rafeeg is an Independent Service Company and is no way affiliated with Apple Inc, Samsung, HTC and Sony.
Repairs or technical support rendered by any service provider for iOS device performed with high quality non-Apple parts and may void manufacturer warranties. Rafeeg do not assume any liability in the event that the manufacturer warranties are voided, but every service provider will provide its own warranty on the parts and/or services performed.