Terms of Use

Our Terms of Use are long but very important! If you would like our help in guiding you through the below, please feel free to reach out to us on [email protected], and we would be more than happy to assist you.

Last Updated: June 2022

1.Overview

Welcome to PYCKD (PYCKD), operated by "KUDU FZCO" registered under registration number DSO-FZCO-2707, having its address at DSO-DDP-A5-D-FLEX-1039.

The following Terms and Conditions (Terms), together with the documents and policies incorporated and referenced in these Terms, including the Privacy Policy, shall constitute an agreement (Agreement) between You (You, Your, Yourself), and “PYCKD” along with its affiliates, successors and assigns (PYCKD, We, Us, or Our). This Agreement governs Your use of or interactions with PYCKD’s products, services, or other offerings (collectively, the Services).

By visiting Our Website www.pyckd.com (Website), and/or purchasing any service from the Website, You engage and agree to be bound by the Terms. The Terms apply to all the users of the Website, including without limitation users who are browsers, Customers and/or Vendors. All capitalized terms have the meanings given to them in these Terms, unless otherwise indicated.

KUDO FZCO maintains the https://www.pyckd.com/ Website (website)

Please read the Terms carefully before accessing or using the Website. If You do not agree to all the Terms of this Agreement, then You may not access the Website or use any of its Services. You also agree that the fact that these terms of use are in electronic format does not affect in any way their validity or enforceability.

When You agree to these Terms and accept this Agreement, you do so on behalf of Yourself and any person that You entitle or authorize to use PYCKD’s account (with You, each User of Your PYCKD account) to the extent provided in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.

We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Website. It is Your responsibility to check the Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2.Using the Service on Behalf of Another

If You use the Services on behalf of another, whether a natural person (Individual) or legal non-natural person or entity (Organization), You represent and warrant that You (1) are duly authorized and empowered by and for that Individual or Organization to agree to these Terms and accept this Agreement on behalf of the Individual or Organization, and (2) do accept this Agreement on behalf of the Individual or Organization; unless the Individual or Organization has a separate paid contract with PYCKD, in which event the terms of that separate paid contract will control. You also represent and warrant that You are duly authorized and empowered to use the Services on behalf of the Individual or Organization.

3.The Service Description.

The Website operates under the name of PYCKD, which is an online marketplace website connecting customers/buyers (User) to vendors/sellers (Vendors) so they can buy goods and products through the Website (Service). The Website acts as a Disclosed Agent (the Disclosed Agent), and intermediary between the Vendor and User, and the items displayed are owned and supplied by the Vendor directly to the User.

By creating an account and registering to the Website (Membership), You are either an independent vendor offering to display and sell your products on the Website or a User requesting to purchase Services. Users can access Our Website, purchase any of Our Services and pay online.

PYCKD reserves the right to, from time to time to: update the Services; and/or make new applications, tools, features or functionalities available through the Services, the use of which may be contingent upon Your agreement to additional Terms and/or Service fees. PYCKD reserves the right to discontinue the Services, or certain applications, tools, features or functionalities of the Service, for any reason at any time, in PYCKD’s sole discretion, without any liability to You.

4.What You Represent

You represent and warrant that: (a) all Users are at least 18 years of age; (b) You have not previously been suspended or removed from the Services; and (c) You will provide any and all documentation as requested by PYCKD, included as needed to verify identity and creditworthiness.

You understand and agree that persons under the age of 18 years are not eligible to and may not use the Service without parental supervision.

You also agree to represent yourself honestly, that all of the information You provide is true, correct, and current, to the best of your knowledge, and that You have the necessary rights, power and authority, to agree to these terms and to perform the acts required of You by this Agreement.

5.Use of the Website.

By visiting the Website and/or purchasing any Service and/or offering any Services through the Website You represent that You are at least the age of majority in Your country of residence and You have given Us Your consent to allow any of Your minor dependents to use the Website. Any person below the age of majority in their jurisdiction, should get the express consent of their parents to the Terms prior the use of the Website.

You agree that:

• You will not use Our Service for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
• You will not transmit any worms or viruses or any code of a destructive nature.
• You will not reproduce, duplicate, copy, sell, resell or exploit any portion, use, or access to the Service or any contact on the Website, without Our prior express written permission.

You will provide Us with, including but not limited to, Your first name, Your last name, Your surname, Your date of birth, Your phone number, Your email address, Your billing address, Your shipping address and Your credit card details (Personal Data); You also agree that We may use this information to contact You in the context of Your request if necessary (refer to Our Privacy Policy). If You do not provide Us with all the required information, you cannot purchase any of Our Services.

• You will be held responsible for ensuring that Your shipping address is specified and correct when purchasing a Service on PYCKD’s Website.

• PYCKD recommends the User to contact the local customs authority to determine a landed cost price before purchasing a Service on the Website.

• In case You are a Vendor, you consent that You’re eligible for offering Services including but not limited displaying and selling goods and products on the Website. You must not direct shoppers to another online selling venue or physical shop to purchase the same items as listed on PYCKD’s Website. You are responsible for paying your own VAT if you are required to do so as required by the law.

PYCKD hereby, reserves the right to ask for any document and information evidencing that You are eligible to offer any of the above-mentioned Services.

A breach or violation of any of these Terms will result in an immediate termination of Your Membership.

6.User Account Creation and Login Credentials.

To use the Services, you may be required to enroll as a User and create an account (PYCKD Account). To enroll as a User, You will be required to provide Us with information about Yourself, including but not limited to Your first name, Your last name, Your surname, Your date of birth, Your phone number, Your email address, Your billing address, Your shipping address and Your credit card details You agree that the information You provide to Us will be accurate and that You will keep it up-to-date at all times. Users are solely responsible for maintaining the confidentiality of their login credentials (Login Credentials), and to the extent allowed by law, you accept responsibility for all activities on Your account authenticated through User Login Credentials, whether authorized or not. Each User agrees to keep Login Credentials confidential and secure, and Users will not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if Users allow, whether through action or inaction, a person to gain access to Login Credentials, with or without permission, the User is authorizing that person to use the Services, and You will be responsible for all transactions that result from such access, even if You did not want the transactions performed, and even if they are unauthorized or fraudulent.

Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website’.

Lost, Stolen or Compromised Account or Login Credentials. You agree to immediately notify PYCKD’s customer support through e-mail: [email protected] if You believe that Your PYCKD Account has been: compromised or accessed without authorization, Login Credentials lost, stolen or compromised, or that someone has attempted or may attempt to make or request payments through Your PYCKD Account without authorization. 

To the extent allowed by law: You agree to be bound by all payment instructions or transactions initiated in compliance with PYCKD’s security procedures and this Agreement, whether or not authorized. You agree that You will be liable for all losses or payments resulting from the theft, loss, compromise, or unauthorized use of Your account or Login Credentials, unless (1) You have notified PYCKD of possible theft, loss, compromise or unauthorized use, and (2) We have had a reasonable opportunity to act on that notice. You will also be responsible for any losses or unauthorized payments resulting from any fraudulent or illegal compromise of Your systems. You agree that You will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless limited by law. Upon Your timely report, We may, in Our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments or transfers on Your behalf, but PYCKD will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.

Access through Third-Party Platforms. If Users choose to access Your account through a third-party platform, you are making a determination that the third-party platform and its login protocol are sufficiently secure to protect Login Credentials and Your PYCKD’s Account, and You accept full responsibility and liability if access through the third-party platform leads to the compromise of Login Credentials or Your PYCKD’s Account. 

7.Prohibited.

In addition to other prohibitions as set forth in these Terms, You are prohibited from using the Website or the Services: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate Our Intellectual Property rights or the Intellectual Property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet (h) to collect or track the personal information of others, (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose and (k) to interfere with or circumvent the security features of the Service or on the Website, other websites, or the internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.

Please note that electronic products can only be shipped within UAE and Gulf Countries.

7.Accuracy, Completeness and Timeliness of Information.

We are not responsible if any information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at Your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Website at any time, but We have no obligation to update any information on the Website. You agree that it is Your responsibility to monitor changes to the Website.

We reserve the right, but are not obligated to, limit the sales of the Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of the Services, including pricing are subject to change at any-time without notice, at Our sole discretion. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this Website is void where prohibited. We do not warrant that the quality of any Services purchased or obtained by You will meet Your expectations. Kindly note that some Items may vary slightly from the images on PYCKD’s Website because of their artisan/handmade nature.

8.Payment and Billing Information

If PYCKD is unable to charge the Billing Account for any reason, you agree to pay all past due Service Fees and taxes within 15 business days of notice of non-payment. If Your account becomes overdue, PYCKD will be entitled to reimbursement for the reasonable costs of collection, including reasonable attorneys’ fees and expenses. PYCKD reserves the right to take any necessary legal actions in case You fail to pay any due amount.

Cardholder must retain a copy of transaction records and Merchant policies and rules.

The Vendors will be subject to payment of the following fees according to the chosen packages:

Package 1: PYCKD CORE: in this package, the Vendor should pay the Website a commission fee on the sales income where it’s a self-serve approach where the Vendors create their shopfronts, handle the backend and manage their stores.

Package 2: PYCKD PLUS: in this package, the Vendor should pay the Website a commission fee on the sales income where the Vendors can benefit from PYCKD’s assistance in creating their shopfront and we handle their backend in addition to providing the Vendors store management.

9.2.Price and Taxes. The Services purchased on the Website are subject to VAT and prices are inclusive of VAT as well. The price of the Services is as stipulated at all times on the Website, except in the case of an obvious error. Although We make every effort to ensure that the prices featured on the Website are correct and accurate, an error may occur. If We discover an error in the price of any of the Services that You have requested, we will inform You as soon as possible and give You the option of confirming Your request at the correct price or cancelling it. If We are unable to contact You, the request will be considered cancelled, and all amounts paid will be reimbursed to You in full. We are not obliged to provide You with any of the paid Service at the incorrect lower price even if the request is confirmed if the error in the price is obvious and unmistakable and could have reasonably been recognized by You as an incorrect price. PYCKD reserves the right to change the prices at any time. However, except as stipulated above, the changes will not affect the confirmed requests.

9.3.Payment Gateway. You may have access to some features that interact with TELR (or any other similar payment gateway) (Payment Gateway). These features are built on the Payment Gateway’s API, and currently include links to prepopulate some payment information (email address, amounts, and notes fields). You agree and guarantee that: (a) You will not use the Payment Gateway for money-laundering, and You will report any suspicious activity or parties knowingly engaged in money-laundering, (b) that Your use complies with all laws and regulations in Your jurisdiction and (c) that all usage is in compliance with the Payment Gateway’s terms and policies. Please Note that the Website offers a Cash on Delivery Option as well under certain conditions, and that the delivery fees will be mentioned upon checkout depending on the User’s location and Country provided.

9.4.Use ofCredit Card. To minimize the risk of non-authorized access, your credit card details will be encrypted. Once We receive Your request, we request a pre-authorization on Your card to ensure that there are sufficient funds to complete the transaction. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver the Service and We will be unable to conclude any contract with You. Visa or MasterCard debit and credit cards and American Express in your local currency will be accepted for payment. Please note that Vendors shall not pass any Credit/Debit Card information to any third parties for whatever purposes. Visa and Mastercard debit and credit cards in AED will be accepted for payment.

9.5.Updating Your Account. You agree to provide current, complete and accurate purchase and account information for all purchases made on Our Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.

9.6.Restrictions on Use. We reserve the right to refuse any request for any Service You place with Us. We may, in Our sole discretion, limit or cancel the Services requested by any customer. These restrictions may include paid Services placed by or under the same customer account, the same credit card, and/or requests that use the same email address and/or the same mobile number. In the event that We make a change to or cancel any Service, we may attempt to notify You by contacting the e-mail address and/or the mobile number provided at the time the Service was requested. We reserve the right to limit or prohibit the requested Services that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.

9.7.Delivery/Shipping: We deliver our Products to all Countries worldwide. Shipping will be done by a third-party courier.

Delivery within UAE cities shall be in 1 – 3 working days and from 3 to 7 working Days to Other Countries. UAE Delivery Fees will be a Flat Rate of AED: 18 and Delivery Fees outside UAE will be mentioned on the checkout page depending on the country, location and volumetric weight of the shipment. Avoid any delivery delay by providing your full address along with your contact details. Electronic items can only be shipped to UAE & GCC countries.

9.Refund Policy.

Once You have agreed to the Terms and Your request for the Services has been accepted, there are no refunds, no free returns or transfers under any circumstance except in the event of a broken or wrong/faulty purchased item/Product. In this unlikely event, the Vendor shall not be obliged to take any action unless notified by the User in writing via PYCKD’s message service within a period of 48 hours after the delivery of the Item. The return of this Item shall be within 7 days from the Receipt of the wrong Order. Any Item accepted for return must not be used nor reduced in value by the User. The Item shall be returned to the Vendor within a period of 10 days of the receipt with all labels attached and wrapped in the original packaging.

If the item arrives defected to You, please do take a picture directly and contact us by email on [email protected] or directly on the website. In the unlikely event that a Service purchased is out of stock or not available, a refund or store credit/coupon will be offered to the User for the Same Value purchased.

The User should be aware that no refunds or returns are applied for customized and/or edibles products, nor for any Service purchased during Sale period.

Any cancellation of Orders by the User should be indemnified by PYCKD if the cancellation happened within 24 hours from the time of placing an Order; and the refund in this case will take up to (i) 45 days in case the Order was paid through credit/debit card or (ii) within 6 days of receiving the Item in PYCKD’s warehouse by store credit or coupons in case the order was paid through Cash on Delivery (COD) way of payment.

You will become the owner of the Items you have ordered when they have been delivered to You. Once goods have been delivered to You, they will be held at Your own risk and neither sellers nor PYCKD shall be liable for their loss or destruction.

Although the Website is managed by PYCKD, each Vendor shall have their own specific policies in terms of Return and Refunds, hence, before purchasing any Service, the User should check the Vendor’s shop policies to be informed best prior the purchase.

10.Correct Errors.

In the event any error occurred when entering Your Personal Data, you can modify such error by contacting Our customer service via [email protected] or directly on the Website.

In case You are purchasing any Services and if You detect an error in Your request after the completion of the Services’ payment process, you should immediately contact Our customer service, via the email address above or directly on the Website to correct the error.

In case You are offering any Services and if You detect an error in Your offering, you should immediately contact Our customer service via the email address above to correct error. Our customer service team will contact the user with whom the Services process was executed to inform him/her of the occurred error.

11.Optional Tools

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input.

You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
Any use by You of optional tools offered through the Website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

12.Third-Party Links.

Certain content and services available via Our Service may include materials from third parties.

Third-party links on the Website may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13.User Comments, Feedback, and other Submissions.

If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property rights or these Terms.

The feedback and comments on PYCKD’s Website must not be used to promote any commercial or business activity nor to arrange a transaction outside the scope of the Website or otherwise seek to avoid sales commission. Therefore, the Vendor must not use the message facilities or forum to arrange a transaction outside the Website or otherwise seek to avoid sales commission to PYCKD. Any feedbacks, images, messages, or listings must always relate to a specific Service and not contain any contact details, including but not limited to, email addresses, phone numbers, web addresses.

You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related to the Website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

14.For Vendors Only.

THIS SECTION CONTAINS SPECIAL TERMS THAT ONLY APPLY TO VENDORS REGISTERED ON PYCKD.

You should register through the Website to offer Services on PYCKD. By registering through the Website, you agree that You are an independent Vendor and that You are subject to this Agreement in addition to the Vendors’ agreement We will provide You with during Your Membership (Vendors’ Agreement). The Vendors’ Agreement will include provisions detailing Your relationship with PYCKD including but not limited to Your obligations as a services provider, PYCKD, and Your fees.

PYCKD reserves the right to approve or disallow any Vendor from selling their products on the Website at any time, at its sole discretion and without having to provide any reason.

Vendors must not list anything that is illegal, offensive, stolen, or unsafe. Further, Vendors must not list anything which infringes copyright or other intellectual property rights or any item of which the sale is prohibited by or violates any law. In the event that Vendors are aware of any content that infringes the intellectual property rights of a third party or that is listed in contravention of these terms of use, please contact us. The Vendor’s Items must be artisan and/or handmade, unique and independent. PYCKD shall remove Mass-produced Items that do not qualify to be listed on the Website.

Vendors agree that PYCKD shall have the right to remove, without the need for any warning or notice, at its sole discretion, any items that infringe of any party’s intellectual property rights, are deemed inappropriate or illegal. Any Vendor who repeatedly list Services that are not suitable for sale on PYCKD’s Website will no longer be able to sell on the Website. If the Vendor wants to use PYCKD’s logistics partner for shipping matter, PYCKD will disclose the Vendor’s email address that he/she registered with to the logistics partner. 

The Vendor must ensure that the item listed for sale is available for purchase by the User. The Vendor must ensure that the item is described accurately and completely. All relevant information about the terms of sale, shipping methods and shipping costs must be provided. All items must be listed in an appropriate category. When an item is sold, the Vendor has to ensure that reasonable communication is made with the User in order to complete the transaction. The Vendor is responsible for appropriately packing (by respecting PYCKD’s packaging guidelines) and shipping the item to the User to ensure that it is received promptly and in good order.

If the Vendor wishes to sell Edibles on PYCKD’s website, except for hot/frozen Food and any Food containing alcohol or meat, he/she must abide by the following rules and conditions:

1. The Vendor must have a trade license and/or associated municipality permits;
2. The Vendor shall ensure under any circumstances and at his sole responsibility that the edible Items are prepared and packed in a hygienic and clear manner in accordance with any applicable law;
3. The Vendor shall ensure that the edible items are packed correctly for delivery purposes to avoid spoilage or any sort of contamination.

Any Vendor who does not follow these rules will be prohibited from selling edible items on PYCKD’s Website.

Both PYCKD and the Vendor should bear their own sales tax, VAT, purchase tax or any other tax for which Party is liable. However, the Vendor should be accountable for the VAT obligations of the supply of the goods and services under their country’s VAT rules as a result of PYCKD acting as a Disclosed Agent. PYCKD should issue a monthly Tax invoice in compliance with UAE Vat Law directed to the Vendor, listing the orders supplied during the month by the Vendor, charging the Commission and fees verifying the deducted amounts on the Payment request voucher (PRV) transfers. In this event, the invoice should mention a reference to the principal supplier, and the Vendor has to account for the relevant VAT and should comply with all the record-keeping requirements in respect of the supply of Goods and Services.

The Website’s Commission shall be subject to modifications as per the subscription of the Vendor to the Website. The Commission should be treated as a separate supply of goods and services from the supply of the fundamental goods and services. The default VAT rate for the taxable supply of the Website’s Services in the UAE is equal to 5%. However, the Services are subject to a zero-rated VAT in the following conditions:

1. The Services are supplied to a User who does not have a place of residence in the UAE or any Implementing State and who is outside the UAE at the time the Services are performed;
2. The Services are not supplied directly in connection with any real estate or goods situated in the UAE at the time the Services are performed; and
3. The performance of the Services is not received by another person in the UAE who is unable to recover any input tax in full.

15.Intellectual Property

This Website contains material which is owned by or licensed to PYCKD. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. The Website may be used only by You, and You may not rent, lease, lend, sub-license or transfer the Website or any data residing on it or any of Your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged over the Website to any electronic network for use by more than one user unless You obtain prior written permission from PYCKD. Except as otherwise expressly provided, you shall not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license, or create derivate works from any content contained on the Website. The use of the Website’s content on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the coding that PYCKD creates to generate its pages. You shall not upload, post, or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. PYCKD does not have any express burden or responsibility to provide You with indications, markings, or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. Subject to any third-party rights in any pre-existing content included within Your user content, you retain ownership of any rights You may have in Your user content and submitting Your user content to the Service does not transfer ownership of your rights. You hereby grant PYCKD an unrestricted, assignable, sub licensable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from external sites, and otherwise exploit and use all or any part of all user content (User Content) You post to or through the Website by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting PYCKD and the Services; (ii) displaying and sharing Your User Content to other users of the Service; and (iii) providing the Service as authorized by these Terms. You acknowledge that We may not always identify paid services, sponsored content, or commercial communications as such. You further grant PYCKD a royalty-free license to use Your user’s name, image, voice, and likeness to identify You as the source of any of Your User Content. You must not post any User Content on or through the Service or transmit to PYCKD any User Content that You consider to be confidential or proprietary. Any User Content posted by You to or through the Website or transmitted to PYCKD will be considered non-confidential and non-proprietary, and treated as such by PYCKD, and may be used by PYCKD in accordance with this Agreement without notice to You and without any liability to PYCKD. The foregoing provisions apply equally to and are for the benefit of PYCKD, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

16. Warranty Disclaimer for Services.

Your access to the Website and/or Your use of any of its Services is at Your sole risk.

You acknowledge that We may use third party suppliers to hardware, software, connectivity, and all business requirements to get You the Services. The acts and omissions of those third-party suppliers may be outside of our control, and you can’t hold Us liable for any loss or damage suffered as a result of any act or omission of any third party.

We do not warrant that: (i) the Services will meet Your specific requirements; (ii) Our access to the Website or any of its Services will be uninterrupted, timely, secure, or error-free; (iii) the Services will be accurate or reliable; (iv) the quality of any services, information, or other material purchased or obtained by You through the Website will meet Your expectations; or (v) any errors in the Website will be corrected.

The information presented or contained in PYCKD or provided through the Services (Content) is presented for the purpose of selling goods and products.

The User acknowledges that the Website is a marketplace to enable buyers and Vendors to buy and sell Items and Products. In the event where a User clicks on “proceed to checkout” link on the Website, the order is placed with the Vendors of the product and not PYCKD. PYCKD makes the items available for sale, takes the order and collects the payment as the disclosed agent of the Vendor and not on our own behalf. Upon the click on “proceed to Checkout” link on the Website, the Agreement is formed between the User and the Vendor directly, hence the Vendor shall be responsible for after-sales Services and guaranties.

PYCKD is not responsible or liable for any misconduct of any of its members. All contact between you and other Members, including any transactions or messages, is entirely at your own risk. We are not responsible for the ownership, content, quality, or legality of items sold or listed on the website or for the accuracy of listings or ability of members to complete a transaction.

The Content and other information contained on the Website is compiled from a variety of sources.

17.Limitation of Liability.

You waive and shall not assert any claims or allegations of any nature whatsoever against PYCKD, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers, vendors or other partners, licensors, service providers, any of their successors or assigns, or any of their respective officers, directors, agents, employees or intern arising out of or in any way relating to Your access to the Website or the use of its Service, including, without limitation, any claims or allegations related to infringement of proprietary rights, or allegations that any of the mentioned above parties (Related Parties) has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of any third party products or the Website. Without limiting the foregoing, neither PYCKD nor any other Related Parties shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of access to or use of data or loss of goodwill, whether in an action in contract, for negligence, or otherwise, arising out of or in any way connected to the access to the Website and the use of or inability to use any or all of the Services, including without limitation any damages caused by or resulting from Your reliance on the Services or other information obtained from or accessible via PYCKD or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, force majeure, communications failure, theft, destruction or unauthorized access to PYCKD ’s or any other Related Parties’ records, programs or services.

We cannot be held liable, under any circumstances, in any case does not bear the responsibility or accountability for any claims related to compliance with Visa Payment Applications (PABP) or Applications for Data Security Standard (PA-DSS).

18.Community Guidelines.

You are responsible for Your communications and Your use of the Website. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to PYCKD with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Website to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to other Website users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use Your email account as an address to which users need to respond (except as otherwise expressly permitted by PYCKD ); (h) send unsolicited email messages through third-party mail servers in order to relay Your email or hide the origination of Your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless You own or control the rights to such files or have received all necessary consents; (j) delete any author attributions, legal notices or proprietary designations or labels in a file that You upload to PYCKD ; (k) falsify the source or origin of software or other material contained in a file that You upload to PYCKD ; (l) use PYCKD in a manner that adversely affects the availability of its resources to other users; (m) falsely purport to be an employee or agent of PYCKD (n) cause repeated disruptive incidents; (o) act, or fail to act, in Your use of PYCKD , in a manner that is contrary to applicable law or regulation; or (p) engage in any other activity deemed by the PYCKD to be in conflict with the spirit or intent of this Agreement. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of PYCKD to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in PYCKD, nonetheless, PYCKD reserves the right to take such action as it deems appropriate in cases where PYCKD is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time You upload a file on PYCKD, You represent and warrant that You own or otherwise control the rights or have the necessary consents to do so, and You grant every other user the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.

19.Indemnification

You agree to indemnify, defend, and hold harmless PYCKD and its related parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of the Terms or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.

20.Severability.

In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

The headings used in the Agreement are included for convenience only and will not limit or otherwise affect the Terms.

21.Termination.

These Terms, as amended, will be effective commencing with Your first use, pre-Membership or Membership of the Services and will remain in full force and effect throughout Your use of the Website and/or its Services.

Notwithstanding any of these Terms, PYCKD reserves the right, without notice and in its sole discretion, to terminate your Membership to use the Services, and to block or prevent Your access to and use of the Services. PYCKD reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications You stored or effected via the Services, or any other data. You are free to terminate Your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If You wish to terminate Your Membership, You may do so by sending an email to [email protected] or using any other account termination functionality that may be offered through the Services.

22.Force Majeure.

PYCKD will not be held liable for any delay or failure to perform any obligation related to the Services if the delay or failure is due to unforeseen events that are beyond PYCKD’s reasonable control, including, without limitation, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, pandemic, or governmental action, and other industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion, or accident.

23.Entire Agreement.

The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The Terms and any policies or operating rules posted by Us on the Website or in respect to the Services, constitute the entire agreement and understanding between You and Us and govern Your access to the Website and Your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

24.Terms Modification.

We reserve the right to review and modify the Terms at any time. You are subject to the Terms in effect at the moment in which You access the Website or use any of its Service, except when by law or decision of governmental entities We must make changes retroactively to said policies, Terms or Privacy Policy. In this case the possible changes will also affect requests made previously by You.

25.Governing Law and Jurisdictions.

• Governing Law.

United Arab of Emirates is our country of domicile, and the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

• Dispute

If either Party has any issues, concerns or complaints about the Collaboration, or any matter related to this Agreement, that Party will notify the other Party in a maximum period of ten (10) business days (the DisputeNotice) and the Parties will then seek to resolve the issue by a process of consultation. Such process will do everything possible to settle amicably any dispute, controversy, or claim arising between the two Parties. The attempt to bring about an amicable settlement will be considered to have failed if not resolved within Fifteen (15) business days from the date of the Dispute Notice.

In the event of failure of amicable resolution by means of consultation pursuant to clause 26.2 above within ten (10) business days of the commencement of the mediation, or such further period as the Parties will agree in writing, the dispute will be submitted to the International Court of Arbitration of the International Chamber of Commerce and will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules.

The language of the arbitration will be English.

Each party agrees that an arbitral award rendered in accordance with this clause 26.2 shall be conclusive and binding on it and not subject to appeal, and such award may be enforced against it in the courts of any competent jurisdiction, subject to the grounds for non-enforcement under the laws of the jurisdiction in which such enforcement is sought.

26.Contact Information.

Your comments and suggestions related to this Agreement or to any of Our Services, are always welcome. You may contact Us through the following email: [email protected]