MawadOnline Terms of Sale

V. 15092024

1.      Introduction

1.1.  About MawadOnline

Welcome to www.mawadonline.com (the "Site"). MawadOnline is owned and operated by Vendolista E-Commerce LLC, a limited liability company registered in the United Arab Emirates under license number 3779427, with its office located at Mazyad Mall Office Towers, Building 2, MBZ, Abu Dhabi, UAE ("we," "us," or "our").

1.2.  Our Role

MawadOnline provides an online platform that connects buyers with independent Vendors who lease virtual shops ("eShops") on our Site. We act solely as a facilitator and are not involved in the actual transaction between buyers and Vendors. We do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any products or services listed by Vendors.

1.3.  Acceptance of Terms

By accessing, browsing, or using the Site, you ("you" or "Buyer") acknowledge that you have read, understood, and agree to be bound by these Terms of Sale and any other applicable laws and regulations. If you do not agree to these terms, you should not use the Site.

1.4.  Modification of Terms

We reserve the right to modify these Terms of Sale at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any such modifications constitutes your acceptance of the new Terms of Sale.

1.5.  Compliance with Laws

You agree to comply with all applicable laws, statutes, and regulations regarding your use of the Site and any transactions conducted on or through the Site.

2.      Order Acceptance

2.1.  Vendor Responsibility

All products listed on the Site are offered by independent Vendors operating their respective eShops. MawadOnline facilitates transactions between you and the Vendors but is not a party to the sale contract between you and the Vendor. Each Vendor is solely responsible for the products they offer, including product descriptions, pricing, availability, fulfilment, and after-sales services.

2.2.  Order Placement

By placing an order on the Site, you make an offer to purchase products from the Vendor in accordance with these Terms of Sale. All orders are subject to acceptance by the Vendor.

2.3.  Order Confirmation

Upon placing an order, you will receive an order acknowledgment confirming receipt of your order. This acknowledgment does not signify acceptance of your order by the Vendor. The Vendor will accept your order by confirming the availability and initiating the fulfilment process, at which point a contract is formed between you and the Vendor.

2.4.  Payment

Payments are processed through our third-party payment gateway providers. By placing an order, you authorize these providers to process your payment details. We accept the following payment methods:

• Credit/Debit Card: Secure online payment using your credit or debit card.

• Wallet: Payments can be made via your MawadOnline wallet balance.

• Bank Transfer: (Coming soon) Direct bank transfers to designated accounts.

2.5.  Payment Authorization

To authorize credit/debit card payments, we may be required to create an account for you with our third-party payment processors, accept their standard terms and conditions on your behalf, and submit your details to them. By placing an order, you authorize us to perform these actions. We are not liable for any damage or loss you may incur as a result of actions taken by these payment processors.

2.6.  Changes to Payment Methods

We reserve the right to add or remove accepted payment methods at any time without prior notice. It is your responsibility to ensure that your payment information is current and valid.

2.7.  Order Cancellation by You

• Before Shipping: You may cancel your order at any time before the Vendor ships the product by following the cancellation process on the Site. Any payments made will be refunded in accordance with our refund policy outlined in Section 4.

• After Shipping: If the product has already been shipped, cancellations are subject to the Vendor’s return policy. You may need to receive the product and then initiate a return as per Section 4.

2.8.  Order Cancellation by Vendor

The Vendor may cancel your order under the following circumstances:

• Payment Issues: If payment is not received, is declined, or cannot be verified.

• Incomplete Information: If you fail to provide necessary information required to fulfil the order, such as delivery address or contact details.

• Product Unavailability: If the product is out of stock or no longer available.

• Violation of Policies: If bulk purchases or multiple orders are detected that violate our policies or the Vendor’s policies.

• Fraud Detection: If fraudulent or suspicious activities are detected in relation to your order.

In the event of cancellation by the Vendor, you will be notified promptly, and any payments made will be refunded in accordance with our refund policy.

2.9.  Order Cancellation by MawadOnline

We reserve the right to cancel your order under the following circumstances:

• Compliance with Laws: If required to do so by law enforcement or other governmental authorities.

• Policy Violations: If we determine that you have violated these Terms of Sale or any other applicable terms and conditions.

• Technical Errors: In case of technical errors, pricing inaccuracies, or other issues that prevent the proper processing of your order.

In such cases, you will be notified, and any payments made will be refunded in accordance with our refund policy.

2.10.                    Bulk and Multiple Orders

We reserve the right to restrict or prohibit orders that we believe are for resale or distribution. Bulk purchases of items by a single buyer or related buyers may be cancelled at our discretion.

2.11.                    Pricing and Product Descriptions

While Vendors strive to provide accurate pricing and product information, errors may occur. If a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Vendors, the Vendor has the right to refuse or cancel any orders placed for such products.

2.12.                    Taxes and Duties

Prices shown on the Site may not include applicable taxes or duties. You are responsible for paying any such taxes or duties as required by the laws of the destination country.

2.13.                    Acceptance of These Terms

By placing an order on the Site, you agree to these Terms of Sale and any additional terms provided by the Vendor, which may include warranties, return policies, and other conditions specific to the product or Vendor.

3.      Delivery of Your Order

3.1.  Delivery Options

When you purchase a product from a Vendor's eShop on MawadOnline, delivery will be managed in one of the following ways, as chosen by the Vendor:

• Vendor-Managed Delivery

• Large or Specialized Items: For products that are oversized, heavy, or require special handling (e.g., steel bars, pallets of blocks, heavy machinery), the Vendor may opt to deliver the products directly to you.

• Delivery Charges: The Vendor will either include the delivery cost within the product price or list it separately. Any applicable delivery fees will be clearly stated on the product listing or during the checkout process.

• Scheduling: The Vendor will contact you to arrange a suitable delivery date and time. It is your responsibility to ensure that the delivery location is accessible and that you are available to receive the delivery.

• Third-Party Delivery Services

• Standard Delivery: For products suitable for standard shipping, the Vendor may utilize third-party logistics providers ("Delivery Partners") to handle the delivery.

• Delivery Charges: Delivery costs will be calculated based on the Delivery Partner's rates and will be displayed during the checkout process. You agree to pay any applicable delivery charges as specified at the time of purchase.

• Terms and Conditions: Delivery is subject to the Delivery Partner's terms and conditions, which may include limitations, restrictions, and liabilities. You are responsible for reviewing and accepting these terms.

3.2.  Delivery Process

• Order Processing

• The Vendor is responsible for preparing and packaging your order for shipment, whether the delivery is managed directly by the Vendor or through a Delivery Partner.

• Shipment Notification

• You will receive a notification once your order has been shipped, including tracking information if available. This allows you to monitor the progress of your delivery.

3.3.  Delivery Address

• Accuracy: You must provide a complete and accurate delivery address at the time of placing your order. Neither MawadOnline nor the Vendor is responsible for delays or non-delivery resulting from incorrect or incomplete address information provided by you.

• Changes: If you need to change the delivery address after placing an order, you must contact the Vendor immediately. Changes may not be possible if the order has already been processed or shipped.

3.4.  Delivery Delays

• Unforeseen Circumstances

• If delivery is delayed due to circumstances beyond the control of the Vendor, MawadOnline, or the Delivery Partner (e.g., natural disasters, strikes, transportation disruptions), you will be notified as soon as possible. All parties will endeavour to minimize the delay.

• Notification

• In the event of a significant delay, the Vendor or MawadOnline will inform you of the revised estimated delivery date.

3.5.  ID Requirement Upon Delivery

• Verification: To ensure the security of your order, the person accepting delivery may be required to present valid identification (e.g., passport, driver's license, national ID card).

• Failure to Verify: If the delivery personnel cannot verify the identity of the recipient, they may refuse to deliver the product. In such cases, you may be responsible for any additional delivery charges or arrangements.

3.6.  Title and Risk

• Transfer of Ownership

o    Ownership of the products passes to you upon full payment and acceptance of the products after the 7 working days inspection period.

• Risk of Loss

o    Risk of loss or damage to the products transfers to you upon delivery to your specified address. However, if you report any defects or issues within the 7 working days inspection period, the risk remains with the Vendor until the issue is resolved.

3.7.  Inspection Upon Delivery

·         Inspection Period

o    You have 7 working days from the date of delivery to inspect the products for any defects, damages, or discrepancies. It is your responsibility to thoroughly examine the products during this period.

·         Reporting Issues

o    If you discover any defects or issues within the 7 working days inspection period, you must notify the Vendor immediately and initiate the return process as outlined in Section 4 (Returns and Refunds).

·         Deemed Acceptance

o    If you do not report any defects or issues within the 7 working days inspection period, the products will be deemed accepted by you in good condition, and the Vendor will be eligible for payoff by the end of the 28-day cycle.

3.8.  Failure to Receive Delivery

• Missed Delivery Attempts

• If you are unavailable to receive the delivery at the agreed time, you may be charged for any additional delivery attempts or storage fees incurred.

• Return to Vendor

• If the product is returned to the Vendor due to failed delivery attempts, the order may be cancelled at the Vendor's discretion, and any refund will be processed in accordance with the refund policy, less any applicable fees.

3.9.  Delivery Restrictions

• Geographic Limitations

• Delivery options may vary depending on the delivery location. Some products may not be available for delivery to certain areas.

• Regulatory Compliance

• It is your responsibility to ensure that the import and use of the products comply with local laws and regulations at the delivery location.

3.10.                    Third-Party Delivery Partners

• No Endorsement

• MawadOnline does not endorse or guarantee the services of any third-party Delivery Partners. Any issues arising from their services should be addressed directly with the Delivery Partner.

• Changes to Delivery Partners

• The list of available Delivery Partners may change without prior notice. MawadOnline reserves the right to add or remove Delivery Partners at any time.

3.11.                    Special Delivery Requirements

• Access and Facilities

• You are responsible for ensuring that the delivery location can accommodate the delivery vehicle and that any necessary permits or access arrangements are in place.

• Equipment and Handling

• For large or heavy items, you may need to provide appropriate equipment or personnel to assist with unloading. This should be arranged in advance with the Vendor.

3.12.                    International Deliveries

• Customs and Duties

• For international deliveries, you are responsible for any customs duties, taxes, or fees that may apply. Delays due to customs clearance are not the responsibility of MawadOnline or the Vendor.

• Compliance

• You must comply with all applicable laws and regulations of the country to which the products are delivered. MawadOnline and the Vendor are not liable for any breach of such laws by you.

3.13.                    Contact Information

• Communication

• For any inquiries or issues related to delivery, you should contact the Vendor directly using the contact information provided on their eShop or through the communication tools available on the Site.

• MawadOnline Support

• MawadOnline may assist in facilitating communication between you and the Vendor but is not responsible for resolving delivery issues unless specified in these Terms of Sale.

4.      Returns and Refunds

4.1.  Inspection Period

Customers have 7 working days from the date of delivery to inspect the delivered product(s) and ensure they are free from defects or discrepancies. During this period, you should verify that:

• The product matches the description and specifications provided on the Site.

• The product is free from physical damage or defects.

• All components, accessories, and documentation are included as per the product listing.

4.2.  Initiating a Return

If you identify any issues within the 7 working days inspection period, you must initiate a return by:

• Contacting the Vendor through the Site's messaging system or designated return process.

• Providing detailed information about the defect or issue, including photographs if applicable.

• Following any additional instructions provided by the Vendor for returning the product.

4.3.  Return Conditions

Returns are accepted under the following conditions, provided the product is unused (unless the defect was discovered upon use), in its original packaging, and includes all original tags and accessories:

• Incorrect or Wrong Product: If you receive a product that is different from what you ordered.

• Not as Described: If the product significantly differs from the description or images displayed on the Site.

• Damaged or Defective: If the product is damaged or defective upon delivery or during the inspection period.

4.4.  Non-Returnable Products

Certain products are non-returnable unless they are defective or not as described. These include:

• Custom-made or personalized items.

• Perishable goods or items with a limited shelf life.

• Hazardous materials or items containing flammable liquids or gases.

• Products that have been used, altered, or damaged after delivery.

• Products with tampered or missing serial numbers or security features.

4.5.  Return Shipping

• Vendor Responsibility

• If the return is due to an error by the Vendor (e.g., incorrect, damaged, or defective product), the Vendor is responsible for the return shipping costs and arranging the pickup of the product.

• Customer Responsibility

• If the return is for reasons other than the Vendor's error (e.g., change of mind, ordering the wrong item), return shipping costs may be your responsibility, subject to the Vendor's return policy.

4.6.  Refund Process

• Refund Eligibility

• Refunds are issued after the returned product has been received by the Vendor and inspected to confirm it meets the return conditions.

• Refund Method

• Refunds will be processed through the original payment method or credited to your MawadOnline wallet, as per your preference.

• Refund Timeframe

• Refunds will be initiated within 7 working days after the Vendor receives and inspects the returned product.

4.7.  Defects Arising Within the 7-Day Inspection Period

• Notification

• If a defect arises within the 7 working days inspection period, you must notify the Vendor immediately to initiate the return process.

• Standard Return Procedures

• The standard return procedures outlined in this section will apply to defects reported within the inspection period.

4.8.  Post-Inspection Period

• Acceptance of Products

• If no issues are reported within the 7 working days inspection period, the products are deemed accepted by you.

• Vendor Payoff Cycle

• After acceptance, the countdown begins for the payoff to the Vendor, which will occur by the end of a 28-day cycle (inclusive of the initial 7 days).

4.9.  Warranty Claims

• Manufacturer's Warranty

• Products may be covered by a manufacturer's warranty as specified in the product listing.

• Warranty Claims After Inspection Period

• For defects arising after the 7-day inspection period, warranty claims should be directed to the manufacturer or authorized service centres, as per the warranty terms.

4.10.                    Exchange Policy

• Availability

• Exchanges may be offered at the Vendor's discretion, subject to product availability and the Vendor's policies.

• Process

• To request an exchange, you must initiate the process within the 7 working days inspection period and follow the same steps as initiating a return.

4.11.                    Limitations and Exclusions

• Abuse of Return Policy

• MawadOnline reserves the right to refuse returns or refunds if we determine that you are abusing our return policy, such as frequent returns of used or damaged products.

• Statutory Rights

• These return and refund policies do not affect your statutory rights under UAE law.

4.12.                    Contact Information

• Vendor Communication

• For returns and refunds, communicate directly with the Vendor through the Site's designated channels.

• MawadOnline Support

• If you require additional assistance, you may contact MawadOnline customer support at [email protected].

5.      5. Defect or Damage to Your Product

5.1.  Vendor Warranty

All products sold on the Site are offered by independent Vendors through their eShops. Each Vendor may provide their own warranty for the products they sell. MawadOnline does not provide any warranties for products, express or implied.

• Vendor Warranty Terms

• The warranty terms, including duration and coverage, are provided by the Vendor and may vary by product.

• You should refer to the product listing or contact the Vendor directly for specific warranty information.

5.2.  Manufacturer's Warranty

Some products may be covered by a manufacturer's warranty. The terms of such warranties are determined by the manufacturer.

• Warranty Claims

• For products covered by a manufacturer's warranty, you should contact the manufacturer or their authorized service centres directly to make a claim.

• MawadOnline and the Vendor are not responsible for manufacturer warranty claims.

5.3.  Warranty Exclusions

Warranties provided by Vendors or manufacturers may not apply in the following circumstances:

• Unauthorized Repairs

• If the product has been repaired, altered, or modified by any party not authorized by the Vendor or manufacturer.

• Physical Damage

• Damage resulting from misuse, abuse, accident, neglect, improper installation, or improper operation.

• Removal of Serial Numbers

• If the serial number or warranty seal on the product has been removed, altered, or defaced.

• Consumable Items

• Replacement of consumable items such as batteries, light bulbs, fuses, filters, or other items expected to be replaced periodically.

• Non-Compliance with Instructions

• Failure to use the product in accordance with the manufacturer's instructions, including improper storage, installation, or operation.

• Environmental Damage

• Damage caused by external factors such as fire, flood, lightning, or other acts of nature.

5.4.  Limitation of Liability

MawadOnline makes no representations or warranties regarding the products sold by Vendors on the Site. All warranties, conditions, and representations, whether express, implied, or statutory, are excluded to the fullest extent permitted by law.

5.5.  Warranty Claims Process

• Contacting the Vendor

• If you believe your product is defective or damaged and covered under the Vendor's warranty, contact the Vendor directly through the Site's messaging system or using the contact information provided.

• Providing Evidence

• You may be required to provide proof of purchase, photographs, or a detailed description of the defect or damage.

• Vendor's Response

• The Vendor will assess your claim and may offer repair, replacement, or refund in accordance with their warranty terms.

5.6.  MawadOnline's Role

• Facilitation

• MawadOnline may assist in facilitating communication between you and the Vendor regarding warranty claims but is not responsible for resolving warranty issues.

• No Liability

• MawadOnline is not liable for any warranty obligations or for any damages arising from defective or damaged products.

5.7.  Statutory Rights

Nothing in these Terms of Sale affects your statutory rights under applicable law. If you are a consumer, you may have legal rights in relation to products that are faulty or not as described.

5.8.  Product Support

For additional support or information regarding your product, including warranty details, you may refer to:

• Product Documentation

• User manuals, warranty cards, or other documentation provided with the product.

• Manufacturer's Website

• Visit the manufacturer's official website for support resources, warranty information, and contact details.

5.9.  Contact MawadOnline

If you require assistance in contacting the Vendor or have questions about the warranty claims process, you may contact MawadOnline customer support at:

• Email: [email protected]

• Live Chat: Available on the Site during business hours.

 

6.      Warranties, Representations, and Undertakings

6.1.  Your Obligations

You warrant, represent, and undertake that:

• Compliance with Laws

• You will fully comply and will at all times continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and content regulations, in your use of the Site and any transactions conducted on or through the Site.

• Authority

• You have full power and authority to enter into these Terms of Sale and perform your obligations hereunder.

• Accurate Information

• All information provided by you to MawadOnline or Vendors is true, accurate, current, and complete, and you will promptly update such information to keep it true, accurate, current, and complete.

• Acting on Behalf of a Business

• If you are purchasing products on behalf of a business entity, you represent that you are authorized to act on behalf of such entity and bind the business to these Terms of Sale.

6.2.  Disclaimers

Subject to clause 6.1, MawadOnline provides the Site and services on an "as is" and "as available" basis without any representations, warranties, or conditions of any kind.

• No Warranty

• MawadOnline disclaims all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including, but not limited to, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security, accuracy, or that the Site and services are error-free or will operate without interruption.

• No Guarantee

• MawadOnline does not guarantee the quality, authenticity, suitability, or availability of any products or services offered by Vendors through their eShops on the Site.

6.3.  Limitation of Liability

• No Indirect Liability

• To the fullest extent permitted by law, MawadOnline, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with these Terms of Sale, your use of the Site, or any transactions conducted on or through the Site.

• Maximum Liability

• In no event shall MawadOnline's aggregate liability for any claims arising out of or related to these Terms of Sale exceed the lesser of:

• The total amount paid by you to the Vendor for the product in question, including any shipping costs; or

• AED 300 (Three Hundred UAE Dirhams).

6.4.  Third-Party Content and Services

• No Responsibility for Vendors

• MawadOnline is not responsible for the actions, omissions, errors, representations, warranties, breaches, or negligence of any Vendor or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

• Links to Third-Party Sites

• The Site may contain links to third-party websites or resources. MawadOnline is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services available from such websites or resources.

6.5.  Indemnification

You agree to indemnify and hold harmless MawadOnline, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, expenses, and costs (including legal fees) arising out of or relating to:

• Your use of the Site and services.

• Your violation of these Terms of Sale or any applicable laws or regulations.

• Your violation of any rights of a third party, including Vendors or other users.

• Any content you submit, post, or transmit through the Site, including without limitation, any misleading, false, or inaccurate information.

6.6.  No Agency or Partnership

• Independent Parties

• Nothing in these Terms of Sale shall be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and MawadOnline. Each party is independent and acts on its own behalf.

6.7.  Force Majeure

• No Liability for Force Majeure Events

• MawadOnline shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

6.8.  Severability

• If any provision of these Terms of Sale is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

6.9.  Survival

• All provisions of these Terms of Sale that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6.10.                    Governing Law

• These Terms of Sale and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Emirate of Abu Dhabi and the federal laws of the United Arab Emirates applicable therein.

7.      Liability

7.1.  General Limitations

While we aim to provide an exceptional service, there are certain things that we cannot guarantee:

• Limitation of Liability

MawadOnline and its affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• (a) your access to or use of or inability to access or use the services.

• (b) any conduct or content of any third party on the service.

• (c) any content obtained from the services; and

• (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

7.2.  Cap on Liability

• Maximum Liability

To the fullest extent permitted by law, the total liability of MawadOnline, for any claim under these Terms of Sale, including for any implied warranties, is limited to the amount you paid us to use the applicable service(s) during the twelve (12) months prior to the act giving rise to the liability, or AED 300, whichever is greater.

7.3.  No Exclusions

• Exclusion Not Permitted

Nothing in these Terms of Sale is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Therefore, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

7.4.  Indemnification

• You Agree to Indemnify Us

You agree to defend, indemnify, and hold harmless MawadOnline, its officers, directors, employees, and agents, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:

• Your use of and access to the service.

• Your violation of any term of these terms of sale.

• Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.

• Your violation of any applicable law, rule, or regulation.

• Any claim or damages that arise as a result of any of your user content or any that is submitted via your account; or

• Any other party’s access and use of the service with your unique username, password or other appropriate security code.

7.5.  Product Liability

• Vendor Responsibility

Vendors are solely responsible for any product warranties, defects, or issues, including any claims of injuries or damages arising from a product. MawadOnline is not liable for any such claims. Vendors are expected to hold appropriate insurance for product liability.

7.6.  Specific Legal Exceptions

• Regulatory Requirements

Some products may be subject to recall or regulatory action due to defects or safety concerns. MawadOnline is not liable for the products' compliance with local or international regulations or any legal repercussions resulting from non-compliance. It is the Vendor's responsibility to ensure products meet all legal standards and regulations.

7.7.  Dispute Resolution

• Arbitration

Any dispute or claim arising out of or in connection with these Terms of Sale shall be resolved through final and binding arbitration, under the rules of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC).

• Exceptions to Arbitration

Any claims related to intellectual property rights, or claims seeking emergency injunctive relief will not be subject to arbitration.

7.8.  Jurisdiction

• Governing Law

These Terms of Sale shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi, without giving effect to any principles of conflicts of law.

7.9.  Survival of Terms

• Continuation After Agreement Ends

The provisions of these Terms of Sale that by their nature should survive termination shall continue in full effect after termination or expiration of the Terms.

8.      General Provisions

8.1.  Governing Law

These Terms of Sale and any disputes arising out of or related to these Terms of Sale or your use of the Site shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Abu Dhabi, without regard to its conflict of law provisions.

8.2.  Dispute Resolution

·         Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Sale ("Dispute"), you and MawadOnline agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.

·         Binding Arbitration

If you and MawadOnline are unable to resolve a Dispute through informal negotiations, either you or MawadOnline may elect to have the Dispute (with the exception of those Disputes explicitly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be conducted in the United Arab Emirates in accordance with the Arbitration Rules of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) then in effect. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.

·         Exceptions to Informal Negotiations and Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MawadOnline’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

8.3.  Severability

If any provision or part of a provision of these Terms of Sale is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any remaining provisions.

8.4.  No Waiver

No waiver of any terms, provisions, or conditions of these Terms of Sale, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other terms, provisions, or conditions hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such terms, provisions, or conditions hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

8.5.  Modifications to the Terms

MawadOnline reserves the right to modify, amend, or change the Terms of Sale at any time. Notice of any changes to the Terms will be announced on our website or sent via email. Your continued use of the Site after any changes to the Terms of Sale constitutes your acceptance of the new Terms of Sale.

8.6.  Assignment

You may not assign or transfer these Terms of Sale, by operation of law or otherwise, without MawadOnline’s prior written consent. Any attempt by you to assign or transfer these Terms of Sale, without such consent, will be null and of no effect. MawadOnline may assign or transfer these Terms of Sale, at its sole discretion, without restriction.

8.7.  Entire Agreement

These Terms of Sale constitute the entire agreement between you and MawadOnline regarding your use of the Site and supersede all prior and contemporaneous written or oral agreements between you and MawadOnline. You may be subject to additional terms and conditions that apply when you use or purchase other MawadOnline’s services, which MawadOnline will provide to you at the time of such use or purchase.

8.8.  Feedback

We welcome feedback, comments, and suggestions for improvements to the Site ("Feedback"). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback for any purpose.

8.9.  Notices

Any notices or other communications provided by MawadOnline under these Terms of Sale, including those regarding modifications to these Terms of Sale, will be given: (a) via email; or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

8.10.                    Third-Party Beneficiaries

These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms of Sale.

8.11.                    Force Majeure

MawadOnline shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MawadOnline’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference).

8.12.                    Accessing and Downloading the Application

If you access or download the MawadOnline mobile application from a third-party app store (the “App Store”), you acknowledge that:

• You must comply with the App Store’s terms and conditions.

• The App Store is a third party and is not a party to these Terms of Sale.

• MawadOnline, not the App Store, is solely responsible for the Site, the content therein, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).

8.13.                    Termination

MawadOnline may terminate your access to and use of the Site, at our discretion, without cause and without notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may simply discontinue using the Site. All provisions of these Terms of Sale which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8.14.                    Survival

Upon termination of these Terms of Sale, any provisions that by their nature are intended to survive termination (including, but not limited to, sections concerning indemnification, disclaimers of warranty, limitations of liability, and disputes resolution) will continue to remain in effect.

8.15.                    Relationship of the Parties

Nothing in these Terms of Sale is to be construed as creating an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between MawadOnline and any user or Vendor.