Terms & Conditions
Terms and Conditions
These are the terms and conditions governing your use of the website
www.Moulaha.com(hereinafter referred to as "the Site") and the general
principles for the websites of our subsidiaries and international affiliates
and constitutes your binding obligations towards Moulaha.com(hereinafter referred
to as Moulaha.Com). This Agreement is effective upon acceptance in registration
for new registering users; Moulaha.commay amend the User Agreement at any time
by posting the amended terms on the Site. All amended terms shall automatically
become effective thirty days after they are posted on the Site and any subsequent
use of the Site shall be governed by such amended terms. In addition, we will
notify you in accordance with your Notification Preferences. This Agreement
may not be otherwise amended except in a writing signed by you and Moulaha.Com.
The User Agreement was last revised on March 23, 2006. You are advised to regularly
check for any amendments or updates to the terms and conditions contained in
this User Agreement. If any clause of the 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 the User Agreement.
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement and Moulaha.Com's Privacy Policy, which include those terms
and conditions expressly set out below and those incorporated by reference,
before you may become a member of Moulaha.Com. We strongly recommend that, as you
read this User Agreement, you also access and read the information contained
in the other pages and websites referred to in this document, as they may contain
further terms and conditions that apply to you as a Moulaha.comuser. Please note:
underlined words and phrases are links to these pages and websites. By accepting
this User Agreement, you also agree that your use of websites of our subsidiaries
and international affiliates will be governed by the User Agreement and Privacy
Policy posted on those websites.
Article 1
Eligibility of Membership
1. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts
under applicable law. Persons who are "incompetent to contract" including
minors, are not eligible to use the Site. If you are a minor i.e. under the
age of 18 years, you cannot register as a member of the Site and cannot sell,
purchase or bid for any items on the Site. If you wish to purchase or sell an
item on the Site such purchase or sale may be made by your legal guardian or
parents who have registered as users of the Site provided that such purchase
or sale is not in relation to any adult material/mature audience items displayed
on the Site, the sale or purchase of which to/by minors is strictly prohibited.
Moulaha.comreserves the right to terminate your membership and refuse to provide
you with access to the Site if Moulaha.comdiscovers that you are under the age
of 18 years. The Site is not available to persons whose membership has been
suspended or terminated by Moulaha.Com. If you are registering as a business entity,
you represent that you have the authority to bind the entity to this Agreement.
2. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality
of your account and Password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or Password.
You agree to:
2.1. Provide true, accurate, current and complete information about yourself
as prompted by Moulaha.Com's registration form (such information being the "Registration
Data")
2.2. You must not include any of your contact details such as email addresses
or mobile number etc in your username.
2.3. 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 Moulaha.comhas reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or not in
accordance with the User Agreement, Moulaha.comhas the right to indefinitely suspend
or terminate your membership and refuse to provide you with access to the Site.
Article 2
Communication & Fees
1. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will 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. Moulaha.comrequires your consent during the registration process
to occasionally send you promotional emails from Moulaha.Com. These emails announce
new changes and features added to the site to enhance your auction experience
as well as any special promotional auctions that maybe hosted by Moulaha.Com. Kindly
refer to our privacy policy for more details on the use of your personal information.
2. Fees and Services.
Membership on the Site is free. Moulaha.comdoes not charge any fee for browsing,
bidding and buying on the Site. Moulaha.comcharges Transaction Fees to all sellers
when their item is successfully sold on the Site and Special Listing Fees are
charged to Sellers who use the Special Listing Feature for listing their items.
Before you list an item for sale through the Site, we request you to review
our Fees & Credit Policy which is hereby incorporated by reference into this agreement.
The Fee Charging and Credit policies on Moulaha.comare effective from March 2007.
However, Moulaha.comreserves the right to change its Fee Charging and Credit policies
from time to time. In particular, Moulaha.commay at its sole discretion introduce
new services and modify some or all of the existing services offered on the
Site. In such an event Moulaha.comreserves the right to introduce fees for the
new services offered or amend/introduce fees for existing services, as the case
may be. Changes to the Fee Charging and Credit policies shall be posted on the
Site and such changes shall automatically become effective immediately after
they are posted on the Site. Unless otherwise stated, all fees shall be quoted
in your country currency. You are responsible for paying all fees associated
with the use of the Site and you agree to bear any and all applicable taxes,
charges, etc. levied thereon. Moulaha.comreserves the right to issue a warning,
temporarily /indefinitely suspend or terminate your membership and refuse to
provide you with access to the Site in case of non-payment of fees by you to
Moulaha.Com. Moulaha.com also reserves the right to take legal action in case of non-payment
of fees by you to Moulaha.Com.
Article 3
Use of the Site
1. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly
governed by the following binding principles:
1.1. "Your Information" is defined as any information you provide to us or
other users of the Site in the registration, bidding, buying or listing process,
in the feedback area or through any e-mail feature. You are solely responsible
for Your Information, and we act as a passive conduit for your online distribution
and publication of Your Information.
1.2. Your Information (or any items listed):
1.2.1. shall not be false, inaccurate or misleading;
1.2.2. shall not be fraudulent or involve the sale of counterfeit or stolen
items;
1.2.3. shall not infringe any third party's intellectual property, trade
secret or other proprietary rights or rights of publicity or privacy;
1.2.4. shall not, directly or indirectly, offer, attempt to offer, trade
or attempt to trade in any item, the dealing of which is prohibited or restricted
in any manner under the provisions of any applicable law, rule, regulation
or guideline for the time being in force. Without prejudice to the generality
of the above, Moulaha.comdoes not permit transactions in the following items:
1.2.4.1. "Securities", including shares, bonds, debentures,
etc. and/or any other financial instruments/assets of any description.
1.2.4.2. Living, 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.
1.2.4.3. Weapons of any description.
1.2.4.4. Liquor, tobacco products, drugs, psychotropic substances, narcotics,
intoxicants of any description, medicines, palliative/curative substances.
1.2.4.5. 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.
1.2.4.6. "Antiquities" and "Art Treasures" as detailed
in the local laws pertaining to antiquities and National Treasures.
1.2.4.7. Used cellular phone SIM Cards, except if the transaction is in
accordance with the local operators' rules pertaining to transfer of ownership.
1.2.5. Shall not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing;
1.2.6. Shall not be obscene or contain pornography or contain any "indecent
representation of women or men."
1.2.7. shall not contain any viruses, Trojan horses, worms, time bombs,
cancelbots, Easter eggs or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information;
1.2.8. shall not create liability for us or cause us to lose (in whole or
in part) the services of our ISPs or other suppliers; and
1.2.9. shall not link directly or indirectly to or include descriptions
of items, goods or services that:
1.2.9.1. Are prohibited under the User Agreement or any other applicable
law for the time being in force including but not limited to the Local
Drugs and Cosmetics laws (and Objectionable Advertisements)
1.2.9.2. Are identical to other items you have up for auction but are
priced lower than your item's price, the reserve price of the item or
minimum bid amount;
1.2.9.3. Are concurrently listed for sale on a web site other than the
Moulaha.com Site; or
1.2.9.4. You do not have a right to link to or include.
1.3. Solely to enable Moulaha.comto use the information you supply us with,
so that we are not violating any rights you might have in Your Information,
you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect
to Your Information. Moulaha.com will only use Your Information in accordance
with the User Agreement and Moulaha.Com's Privacy Policy.
1.4. You represent and confirm that you shall be the sole and exclusive legal
owner of all items, goods or products of any description that you wish to
offer for sale on the Site. You shall have complete right, title and authority
to deal in and offer for sale such items, goods or products.
1.5. In the event that any transaction or attempted transaction relating to
any item, good or service which is in violation of this User Agreement or
applicable law comes to your knowledge, you shall take all steps to inform Moulaha.com of the same.
1.6. You shall not, either alone or in conjunction with other Users, manipulate
or attempt to manipulate the prices of any item or services being sold or
purchased on the Site.
1.7. You shall comply with all applicable Domestic and International Laws,
Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but
not limited to Sales Tax, Income Tax, Service Tax, Central Excise, Custom
Duty, Local Levies) regarding your use of our service and your bidding on,
listing, purchase, solicitation of offers to purchase, and sale of items or
services. You shall not engage in any transaction in an item or service, which
is prohibited by the provisions of any applicable law including exchange control
laws or regulations for the time being in force. In particular you shall ensure
that if any of your items listed on the Site qualifies as an "Antiquity"
or "Art treasure" as defined in the Act ("Artwork"), you
shall indicate that such Artwork is "non-exportable" and shall ensure
that it is not delivered to any Winning bidder/buyer (as defined under the
Bidding and Buying section) at any place outside The United Arab Emirates.
1.8. From time to time, you shall be responsible for providing information
relating to the items or services proposed to be sold by you. In this connection,
you undertake that all such information shall be accurate in all respects.
You shall not exaggerate or over emphasize the attributes of such items or
services so as to mislead other Users in any manner.
1.9. You will not disclose your contact details like Phone number, address,
emailing address in bidding, buying or listing process, or anywhere on the
Site including the feedback area, discussion forum or through any e-mail feature
to bypass Moulaha.Com.
Article 4
Moulaha Provides Auction Services Only
1. Platform for Communication
The Site is only a venue where Users may meet and interact with one another
for their transactions. Moulaha.comis not and cannot be a party to or control
in any manner any transaction between two Users of the Site. Consequently:
1.1. Moulaha.com is not responsible for any non-performance or breach of any
contract entered into between Users. Moulaha.com cannot and does not guarantee
that the concerned Users will perform any transaction concluded on the Site.
Moulaha.com shall not and is not required to mediate or resolve any dispute or
disagreement between Users.
1.2. Moulaha.comdoes not make any representation or Warranty as to the attributes
(such as quality, worth, marketability, etc.) of the items or services proposed
to be sold or purchased on the Site. In particular, Moulaha.com does not implicitly
or explicitly support or endorse the sale or purchase of any items or services
on the Site. Moulaha.com accepts no liability for any errors or omissions, whether
on behalf of itself or third parties.
1.3. Moulaha.com does not make any representation or warranty as to the attributes
(such as legal title, creditworthiness, identity, etc.) of any of its Users.
You are advised to independently verify the bona fides of any particular User
that you choose to deal with on the Site and use your best judgment in that
behalf.
1.4. The Site is a channel of communication whereby the Users can reach a
larger base to buy and sell items or services. Moulaha.com is only providing
a platform for communication and it is agreed that the contract for sale of
any of the products or services shall be a strictly bipartite contract between
the Seller and the Winning bidder/buyer. At no time shall any right, title
or interest over the items vest with Moulaha.com nor shall Moulaha.com have any
obligations or liabilities in respect of such contract. Moulaha.com is not responsible
for unsatisfactory or delayed performance of services or damages or delays
as a result of items which are out of stock, back ordered or otherwise unavailable.
All items are offered only for a restricted time and only for the available
supply.
1.5. You shall independently agree upon the manner and terms and conditions
of delivery, payment, insurance etc. with the other registered Users that
you transact with.
1.6. You release and indemnify Moulaha.com and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions
of the Users of the Site and specifically waive any claims that you may have
in this behalf under any applicable law. Notwithstanding its reasonable efforts
in that behalf, Moulaha.com can not control the information provided by other
Users which is made available on the Site. You may find other User's information
to be offensive, harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using the Site. Please note that there
are also risks of dealing with foreign nationals, underage persons or people
acting under false pretense.
Article 5
Privacy & Payment
1. Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent and we only use your information
as described in the Privacy Policy. We view protection of users' privacy as
a very important community principle. We understand clearly that you and Your
Information is one of our most important assets. We store and process Your Information
on computers located in the United States, United Arab Emirates and Jordan that
are protected by physical as well as technological security devices. We use
third parties to verify and certify our privacy principles. Our current Privacy
Policy is available at http://www.Moulaha.com/ privacy-policy.html. If you object
to your Information being transferred or used in this way please do not use
the Site.
Article 6
Privacy & Payment
1. MyWallet
Payments for certain items on the Site can be made through the online
payment facility provided called MyWallet. At present
MyWallet supports CashU Cards and Bank Deposits
and Transfers. Currently Online Bank Transfers can be done through the Internet
banking services of several leading banks. By using MyWallet
you agree to be bound by the terms and conditions governing the use of MyWallet.
By providing an online payment facility on the Site through MyWallet,
Moulaha.comis merely facilitating the making of online payments by buyers as per
their contractual obligations to the sellers on the Site and Moulaha.com is not
involved in the process of buying and selling of items on the Site. All sales
and purchases on the Site continue to be bipartite contracts and Moulaha.com is
not responsible for any non-performance or breach of any contract entered into
between the buyers and the sellers. Moulaha.com is merely a platform for communication
as set out in the section above.
Article 7
Breach of Agreement
1. Breach
Without limiting other remedies, Moulaha.com may limit your activity, immediately
remove your bids, or end your listing, warn other Users of your actions, immediately
temporarily/indefinitely suspend or terminate your membership, and/or refuse
to provide you with access to the Site:
1.1. If you breach the User Agreement or the documents it incorporates by
reference;
1.2. If Moulaha.com is unable to verify or authenticate any information you provide;
or
1.3. If it is believed that your actions may cause legal liability for you,
other Users or Moulaha.Com.
Moulaha.com may at any time at its sole discretion reinstate suspended Users.
A User that has been indefinitely suspended may not register or attempt to
register with Moulaha.com or use the Site in any manner whatsoever until such
time that such User is reinstated by Moulaha.Com. Notwithstanding the foregoing,
if you breach the User Agreement or the documents it incorporates by reference,
Moulaha.com reserves the right to recover any amounts due and owing by you to
Moulaha.com and to take strict legal action including but not limited to a referral
to the Cyber Crime Division / initiating criminal proceedings against you.
Article 8
Bidding and Buying
1. Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy It
Now format) on the Site are a firm commitment to purchase. If you are the purchaser/highest
bidder for any item and your purchase/ bid is accepted by the seller ("Winning
buyer"), you are obligated to complete the transaction with the seller.
An action to purchase or bids may be increased in price or volume later but
may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding
on an item you agree to be bound by the conditions of sale included in the item's
description (or linked to from the description) so long as those conditions
of sale are not in violation of the User Agreement or unlawful. In case of consumer
goods, sellers on the Site may or may not specify the retail prices of the items
being sold. You are advised to independently verify the retail prices of such
items if you so desire. Moulaha.com strongly advises you not to test the site with
false bids/purchases, as it will put you at substantial personal legal risk.
It is a crime to use a false name, other false personal information or a known
invalid Credit Card to bid. Willfully entering erroneous or fictitious bids
may result in prosecution by Moulaha.Com. As a Winning buyer you must contact the
seller within 48 hours of auction closing successfully. In the event of Dual
Winning Buyers displayed online for a Single Auction, the User who has received
the Winning Email will be the rightful Winning buyer and beyond that there is
no liability. Please be aware that even if you do not give Moulaha.com your real
name, your Web browser transmits a unique address to us, which can be used by
law enforcement officials to identify you. As buyers on the Site we encourage
you to post feedback on the seller after the auction is closed. In case of purchase
of/placing a successful bid for an Artwork which is marked as "non-exportable"
on the Site you agree that the Artwork shall not be exported out of The United
Arab Emirates or otherwise dealt in any such manner which shall be in contravention
of any law for the time being in force or any rules, regulations, notifications
and orders passed there under.
2. Priority in Bidding
In order to qualify and be identified as a successful bid, the following priority
parameters will be followed:
2.1. Price: The higher price bids always supersedes the lower price bids;
2.2. Quantity: Between bids of the same price, the bid for the higher quantity
shall supersede;
2.3. Time: Between bids of the same price and for the same quantity, the bid
which was placed prior in point of time shall supersede.
Moulaha.Com's decision on the success or otherwise of a bid shall be final and
binding. It reserves the right to reject or void bids, whether winning or
not, that it deems not to have been made in good faith, or that are restricted
or prohibited.
3. Buyer Protection Program
The Buyer Protection Program seeks to assist buyers who have been defrauded
by sellers on the site. If a buyer has purchased an item via our COD or CashU
payment process and has never received it or has received an item that is significantly
lower in value as compared to what was described, the buyer can seek protection
under the Buyer Protection Program. The coverage under this program is restricted
to the value of the item.
For this purpose the buyer needs to file a complaint within 48 hours of receiving
the item. If the seller is found guilty of defrauding the buyer for which Moulaha.com
has reimbursed the buyer, the sellers account on Moulaha.com could be blacklisted
and Moulaha.com shall charge the seller a penalty of 36 AED to cover handling and
shipping in the UAE and 5 JOD to cover handling and shipping in Jordan. Further
Moulaha.com reserves the right to recover the dues and take strict legal action
including initiating criminal proceedings against the seller.
Any person who knowingly, and with intent to injure, defraud or deceive, files
a Fraud Complaint containing false, incomplete, or misleading information may
be guilty of a criminal offence and will be prosecuted to the fullest extent
of the law.
Article 9
Selling & Hosting Auctions
1. Selling
As a registered member, you may list item/s for sale on the Site. You must be
legally able to sell the item(s) you list for sale on our Site. You must ensure
that the listed items do not infringe upon the intellectual property, trade
secret or other proprietary rights or rights of publicity or privacy rights
of third parties. Listings may only include text descriptions, graphics and
pictures that describe your item for sale. All listed items must be listed in
an appropriate category on the Site. Soliciting business offline or outside
of the Site, by indicating your contact details (e.g. contact phone number,
address or e-mail ID) in the item listing or elsewhere on the Site other than
in the Registration data is expressly prohibited and would be considered as
a breach of the User Agreement. All listed items must be kept in stock for successful
fulfillment of sales. The listing description of the item must not be misleading
and must describe actual condition of the product. If the item description does
not match the actual condition of the item, you agree to refund any amounts
that you may have received from the buyer. You agree not to list a single product
in multiple quantities across various categories on the site. Moulaha.com reserves
the right to delete such multiple listings of the same product listed by you
in various categories.
If you receive at least one bid at or above your stated minimum price (or in
the case of reserve auctions, at or above the Reserve Price i.e. the reserve
price as defined by the seller in a reserve auction), you are legally obligated
to complete the transaction sale contract with the Winning buyer upon the item's
sale online. You must contact the Winning buyer within 48 hours of item selling
successfully and supply the item to the Winning buyer in a merchantable condition
within 48 hours of receiving the payment from the Winning buyer, unless there
is an exceptional circumstance, such as:
1.1. The Winning buyer fails to meet the terms of your listing (such as payment
method), or
1.2. You cannot authenticate the Winning Buyer's identity. Without limiting
any other remedies, Moulaha.com may suspend or terminate your account if you
are found to have engaged in fraudulent activity in connection with the use
of the Site. As sellers on the Site we encourage you to post feedback on the
buyer after the auction is closed.
2. Auction Close
An auction will be considered as successfully closed if it receives at least
one bid prior to the Auction End Date i.e. the date and time (as specified in
that particular auction) beyond which bids shall not be accepted. Notwithstanding
the foregoing, a reserve auction will be considered as successfully closed if
at least one bid above the Reserve Price is received prior to the Auction End
Date.
Immediately after any auction is successfully closed an e-mail is sent to both
the Winning bidder and the seller providing each of them the contact information
of the other party (contact phone number if allowed by them when bidding/selling)
to enable them to get in touch with each other to fulfill the transaction. Please
note that the contact information that will be sent out will be the information
that is provided by the Users in their Registration Data on Moulaha.Com.
Article 10
Providing Feedback
1. Feedback
We encourage buyers and sellers on the Site to provide feedback to each other
after the transaction has closed; this helps all Users to know what it is like
to deal with the said buyer/seller. After you conduct a transaction, we encourage
you to leave feedback for the buyer or seller that you dealt with. Please remember
that you cannot retract the feedback once you have left it. Your feedback will
be displayed along with your user ID. Moulaha.com will not be responsible for the
feedback that you post on the Site and you should be careful about making comments
that are not factual in nature.
You may not take any actions that may undermine the integrity of the feedback
system. If you continue to receive negative feedback ratings, Moulaha.com reserves
the right to suspend your membership, and you will be unable to list, buy or
bid on the Site.
Export- You acknowledge that your feedback consists of comments left
by other Users and a composite feedback number compiled by Moulaha.Com, and that
the composite number without the comments does not convey your full user profile.
As feedback ratings are not designed for any purpose other than for facilitating
trading between the Users, you agree that you shall not market or export your
Moulaha.com feedback rating in any venue other than on the Site.
Import- We do not provide the technical ability to allow you to import
feedback from other websites to Moulaha.com because a composite number, without
the corresponding feedback does not reflect your true online reputation within
our community.
Article 11
Warranty & Liability
1. No Warranty
Moulaha.com and its suppliers provide the Site and services "as is" and
without any Warranty or condition, express, implied or statutory and specifically
disclaim any implied Warranties of title, merchantability, fitness for a particular
purpose and non-infringement. You expressly agree that your use of the Site
is at your sole risk.
2. Limitation of Liability
In no event shall Moulaha.com or its suppliers be liable for any direct, indirect,
incidental, special, incidental, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses arising out of or in connection with the Site, its services
or this agreement (however arising, including negligence). Moulaha.Com's liability
in any circumstance is limited to the amount of fees, if any, paid by you to
Moulaha.Com. Moulaha.Com, its associates and technology partners make no representations
or Warranties about the accuracy, reliability, completeness, currentness and/or
timeliness 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. Consequently, Moulaha.com assumes no liability
whatsoever for any monetary or other damage suffered by you on account of:
2.1. The delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Site; and/or
2.2. Any interruption or errors in the operation of the Site. You expressly
understand and agree that Moulaha.com shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not
limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if Moulaha.com has been advised of the possibility of such damages).
3. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, dire
