Taifany Shop

Terms and Conditions for Taifany

1.Introduction:

Welcome to Taifany, an innovative, multi-vendor e-commerce platform designed to connect vendors from around the world with customers who seek quality products in various categories. By accessing or using the Taifany platform, you agree to comply with these Terms and Conditions, which govern your interactions with us, whether as a seller or a buyer. These terms constitute a legally binding agreement between you and Taifany, establishing the rules for using our website, mobile app, and other services (collectively referred to as "Taifany" or "Platform").

Our platform is open to both UAE-based and international vendors, allowing for a diverse array of products from trusted brands, artisans, and businesses. Through Taifany, customers can discover unique, quality items across categories such as fashion, electronics, groceries, beauty, and more, while sellers have the opportunity to reach a global market.

Please review these Terms carefully, as they outline your rights and obligations while using Taifany. By using the platform, whether by browsing products, registering an account, or making a purchase, you agree to adhere to the policies and rules set forth in these Terms. If you do not agree with any part of these Terms, please refrain from using our platform.

These Terms are designed to ensure a safe, fair, and reliable experience for all users. We reserve the right to modify these Terms at any time, with updates posted directly on our platform. Continued use of Taifany following any changes will constitute your acceptance of the revised Terms.

2. Definitions

To ensure clarity and understanding, the following definitions apply throughout these Terms and Conditions:

·        "Taifany"
Refers to the e-commerce platform owned and operated by Taifany LLC, including the website, mobile application, and any other online services provided under the Taifany brand. "Taifany" also refers to the company, its officers, directors, employees, and agents responsible for the platform's operation and management.

·        "Platform"
Encompasses all digital services, applications, and online systems related to Taifany, including but not limited to the website, mobile application, and associated services that facilitate transactions, listings, communication, and customer support.

·        "User"
Any individual or entity that accesses or uses the Taifany platform in any capacity, including browsing products, purchasing items, registering an account, or listing products for sale. Users may include both Customers and Sellers.

·        "Seller"
An individual, business, or authorized representative of a business that has registered with Taifany to list, sell, and manage products on the platform. Sellers are responsible for adhering to Taifany’s guidelines, including but not limited to product listings, quality standards, and fulfillment requirements. International vendors or companies selling through the platform are also considered Sellers.

·        "Customer"
An individual or entity that registers an account or makes purchases through the Taifany platform. Customers may include both UAE-based and international buyers. They agree to adhere to these Terms when placing orders, providing payment information, and interacting with Sellers.

·        "Account"
A unique, secure digital profile created by a User on the Taifany platform. Accounts are required to access certain features, such as placing orders, listing products, and managing preferences. Each account includes relevant User information such as login credentials, personal details, payment methods, and transaction history.

·        "Product"
Any item, good, or service listed for sale on the Taifany platform by a Seller. Products can span various categories including fashion, electronics, beauty, groceries, and more. All products listed must meet Taifany’s quality standards and adhere to the platform's guidelines.

·        "Order"
A purchase transaction made by a Customer on Taifany, specifying the Products, quantities, and agreed-upon pricing. An Order represents a contractual commitment between the Customer and the Seller, facilitated by Taifany, for the sale and purchase of goods.

·        "Commission"
A percentage-based fee taken by Taifany from the total sale price of each product sold through the platform. Commission rates vary by product category and are disclosed to Sellers upon registration and during each transaction.

·        "Payout"
The transfer of funds from Taifany to a Seller’s designated payment method following the completion of a sale. Payouts occur after applicable fees, such as Commission and service fees, are deducted, and generally take place one week after the sale.

·        "Content"
Any text, images, videos, graphics, logos, or other media uploaded or shared on the Taifany platform by either Taifany or Users. This includes product listings, descriptions, reviews, comments, and promotional materials. All Content must comply with Taifany’s policies regarding intellectual property, accuracy, and appropriateness.

·        "Intellectual Property"
Refers to all proprietary information and materials, including trademarks, copyrights, logos, designs, patents, and other creative works owned by Taifany or its licensors. Users may not reproduce, distribute, or create derivative works of Taifany's Intellectual Property without prior written consent.

"Warehouse"
Refers to the network of regional and international fulfillment centers and storage facilities operated or authorized by Taifany across various countries. Each Warehouse serves as a centralized location for receiving, storing, and preparing products for shipment to customers. Sellers are required to deliver their products to the designated Warehouse in their country or region as per Taifany’s guidelines.

International Warehousing Requirements: Sellers are responsible for placing their items in their respective country’s Warehouse to ensure efficient global fulfillment. For sellers with international customers, products stored in these Warehouses enable streamlined shipping, reducing transit times and shipping costs for customers worldwide.

• Compliance: Sellers must ensure that all products stored in Taifany Warehouses meet the platform’s quality, safety, and legal standards, including any regulations specific to the country or region.
• Inventory Management: Sellers are responsible for maintaining accurate inventory records. Each Warehouse will provide inventory tracking through the Seller's dashboard to monitor stock levels and manage restocking.
• Fees: Warehousing and fulfillment services may incur fees based on storage duration, product size, and handling requirements. These fees are outlined on the Taifany platform and may vary by country.
• Returns and Re-shipping: Taifany Warehouses facilitate returns processing and reshipping for international orders. Sellers are expected to handle any return logistics with their designated Warehouse.

·        "Policies"
Refers to all guidelines, rules, and requirements established by Taifany for using the platform. This includes, but is not limited to, listing standards, shipping requirements, return procedures, and data privacy practices.

·        "Terms"
Refers to this document of Terms and Conditions, which represents the legally binding agreement between Taifany and its Users. These Terms govern all interactions, transactions, and communications on the platform.

·        "Service Fees"
Additional charges, apart from Commissions, that may be applied to certain services provided by Taifany. Service Fees could include handling, special packaging, or premium listing options and will be clearly indicated to Users in advance.

·        "Jurisdiction"
The geographic and legal boundaries within which Taifany operates and enforces these Terms. Users acknowledge that by using the Taifany platform, they agree to the laws and regulations of the Jurisdiction specified by Taifany.

3. User Eligibility

To maintain a secure and reliable marketplace, Taifany has specific eligibility requirements for anyone who wishes to access and use our platform. By using Taifany, you confirm that you meet these requirements and that you are capable of complying with the responsibilities outlined below.

3.1 Age Requirement

·        Minimum Age: You must be at least 18 years old, or the legal age of majority in your country of residence, to create an account, make purchases, or sell products on Taifany.

·        Parental Consent: If you are under 18, you may only use the platform under the direct supervision and consent of a parent or legal guardian, who is also responsible for all activities conducted under your account.

3.2 Legal Capacity and Authority

·        Competence: By registering on Taifany, you represent that you have the legal capacity to enter into a binding agreement. This means you have full authority and capability to understand and agree to these Terms and Conditions.

·        Business Entities: If you are registering as a Seller on behalf of a business or legal entity, you confirm that you have the necessary authority to bind that entity to these Terms. All actions performed under your account will be considered binding on the entity you represent.

3.3 Compliance with Local and International Laws

·        Eligibility in Jurisdiction: Your use of Taifany must comply with all local, state, national, and international laws that apply to you. Some products may have specific legal or regulatory restrictions that vary by region; it is your responsibility to be aware of and comply with any relevant regulations.

·        Export Control and Sanctions Compliance: If you intend to sell internationally, you must ensure that your products comply with any applicable export control laws or international sanctions. Taifany reserves the right to restrict or block access to certain markets if deemed necessary for legal compliance.

3.4 Restricted Users and Prohibited Persons

·        Previous Account Suspensions: Individuals who have previously had their accounts suspended or terminated by Taifany are prohibited from re-registering or using the platform under a new account without prior approval. Any attempts to circumvent account restrictions will result in immediate termination of the new account.

·        Prohibited Persons: Taifany may restrict access to individuals or entities subject to sanctions, trade embargoes, or other government restrictions. This includes individuals listed on the U.S. Department of the Treasury's Specially Designated Nationals (SDN) list or similar lists maintained by other governmental authorities.

3.5 Financial Eligibility and Payment Validity

·        Payment Responsibility: Users, including both Sellers and Customers, must ensure that they have a valid payment method linked to their account to complete transactions. Any credit or debit card, bank account, or digital wallet used on the platform must be legally owned by or authorized for use by the account holder.

·        Sellers’ Financial Compliance: For Sellers, it is required that they provide accurate bank or payout information to receive funds from Taifany. Sellers are responsible for complying with any tax regulations in their country related to income earned through the platform.

3.6 Account Security and Verification

·        Identity Verification: Taifany reserves the right to verify your identity through government-issued ID or other means as a measure to prevent fraud, ensure compliance, and maintain the integrity of the platform. Sellers may be required to provide a trade license, passport, or similar documentation to confirm their identity.

·        Account Security: Users must keep their account details, including passwords and payment information, secure and confidential. Taifany is not liable for losses resulting from unauthorized access to your account due to your negligence in protecting login information.

3.7 User Eligibility Review

·        Right to Refuse Access: Taifany reserves the right to review and reject any registration if we find the applicant does not meet our eligibility standards or has previously engaged in activities that violate our policies.

·        Ongoing Eligibility: Taifany may periodically review accounts to ensure ongoing eligibility. If we find that a User no longer meets the platform’s eligibility requirements, we reserve the right to suspend or terminate the account.

4. Account Registration

To access many of Taifany’s services, including selling and purchasing products, Users must first complete the registration process and create an account. Below are the detailed requirements, responsibilities, and guidelines for registering and managing an account on the Taifany platform.

4.1 Registration Process

·        Account Creation: To register an account, you must provide accurate and complete information, including your full name, a valid email address, and a secure password. Sellers are required to provide additional details, such as business information, identification, and banking details.

·        Verification: Taifany may require identity verification upon registration. For Sellers, additional documents such as trade licenses or passports may be required to verify business legitimacy and legal compliance. This helps protect the security of all Users on the platform.

·        Account Types:

o   Customer Account: Allows Users to browse and purchase products on the Taifany platform.

4.10 Contract and Master Agreement for International Sellers

International Sellers on Taifany must sign a Master Agreement, which outlines the specific terms, responsibilities, and fees for conducting business on the platform from outside the UAE. This agreement includes a one-time law contract fee based on the seller’s country to cover legal and compliance costs.

Contract Signing Requirement

·        Master Agreement: All international sellers are required to review and sign Taifany’s Master Agreement. This legally binding document outlines the expectations and compliance requirements for selling on Taifany from international locations.

·        Digital Signature: The contract can be signed digitally during the registration process, making onboarding efficient and secure.

·        Mandatory Compliance: By signing, sellers agree to follow Taifany’s policies on product quality, warehousing, shipping, and customer service. Non-compliance can result in penalties, account suspension, or termination.

One-Time Contract Fee Based on Country

·        Law Contract Fee: In addition to the standard Seller Account fee, international sellers are required to pay a one-time fee to cover the legal costs associated with setting up the contract in their specific country. The amount varies by country and is designed to ensure compliance with local regulatory standards.

·        Payment Terms: This one-time, non-refundable fee is due at registration and must be paid in full before the account becomes active.

Warehousing Requirement

·        Designated Warehouses: To enable global shipping and ensure efficient logistics, Taifany requires all international sellers to place their inventory in a designated warehouse. This may either be a Taifany-owned warehouse or a third-party warehousing facility that Taifany collaborates with in that seller’s country. Sellers are informed of the designated warehouse during registration.

·        Responsibility for Compliance: Sellers must deliver their items to the designated warehouse in their country as specified by Taifany. This ensures that products are readily available for international shipping and meet the platform’s standards for timely delivery.

·        Non-Compliance Penalties: Failing to comply with warehouse requirements or delaying inventory delivery can result in additional fees or account suspension. Sellers are responsible for maintaining an adequate stock at the designated warehouse to avoid order fulfillment issues.

Country-Specific Compliance and Financial Obligations

·        Regulatory Compliance: Sellers must ensure that all products meet both Taifany’s standards and their country’s legal requirements, such as import/export laws, product safety standards, and local regulations.

·        Sales Tax and Duties: Sellers are responsible for handling any country-specific sales taxes, duties, and other financial obligations. While Taifany may offer support resources, it is ultimately the seller’s duty to comply with tax laws.

Additional Terms and Renewal

·        Annual Renewal: The Master Agreement renews annually with the Seller’s payment of the annual account fee, while the one-time law contract fee does not need to be repaid for renewals.

·        Termination: Either party may terminate the agreement as per the contract’s terms. Early termination by the seller will not result in a refund of the contract fee.

·        Support and Dispute Resolution: International sellers have access to dedicated customer support channels for contract-related inquiries and logistics support. Disputes arising from the agreement will follow the resolution process as specified in the contract.

4.2 Required Information

·        Personal Details: All Users must provide accurate information, including their full name, email address, and phone number. This information is used for account verification, order processing, and customer support.

·        Business Details (for Sellers): Sellers must provide business details, such as a registered business name, trade license, and address, as well as banking information to receive payouts. These details help us ensure compliance and a safe marketplace.

·        ID and Document Uploads: Taifany may require copies of government-issued identification, a trade license, or other documents. These documents are securely stored and used solely for verification purposes.

4.3 User Responsibilities

·        Accuracy: Users are responsible for ensuring all account information is accurate and up-to-date. Failure to provide accurate information may result in account suspension or termination.

·        Security: Users must keep their login credentials confidential. Users should not share passwords with third parties, and they are responsible for any activity that occurs under their account. Taifany is not responsible for losses incurred due to unauthorized account access stemming from compromised passwords.

·        Updates: Users must promptly update their account information if there are any changes, such as a new address, email, or payment method. Accurate information is necessary for timely delivery, secure transactions, and compliance.

4.4 Seller-Specific Requirements

·        Compliance: Sellers must comply with all Taifany policies and local regulations. Failure to do so may result in account suspension, penalties, or legal action.

·        Trade License: In countries where a trade license is required, Sellers must provide a valid trade license or similar certification to verify their legal right to operate as a business.

·        Warehouse Obligations: Sellers are required to deliver items to the designated Taifany warehouse in their region for global shipping. Failure to comply with warehouse requirements may result in penalties or account suspension.

4.5 Payment Information

·        Adding a Payment Method: Users must link a valid payment method to their account to complete purchases or receive payouts (for Sellers). Accepted payment methods include credit/debit cards, bank accounts, and digital wallets.

·        Payouts for Sellers: Sellers must provide accurate banking details to receive funds from completed sales. Payouts are processed after the deduction of applicable commissions and fees.

·        Compliance with Tax Laws: Sellers are responsible for adhering to any tax obligations applicable to earnings from Taifany sales. Taifany is not responsible for any tax liabilities arising from sales transactions on the platform.

4.6 Account Limitations and Restrictions

·        Single Account Rule: Users are allowed to create only one account per individual or business entity unless otherwise approved by Taifany. Sellers attempting to create multiple accounts without prior approval may face account suspension.

·        Restricted Accounts: Accounts previously suspended for violating Taifany’s policies may be restricted from creating new accounts or using the platform in any capacity.

·        Right to Refuse Registration: Taifany reserves the right to refuse account registration if an applicant fails to meet eligibility criteria or has a history of policy violations.

4.7 Account Suspension and Termination

·        Automatic Termination: Taifany may automatically suspend or terminate accounts in cases of fraudulent activity, policy violations, or legal infractions. Taifany reserves the right to remove such accounts without prior notice to protect the platform’s integrity.

·        User-Initiated Deactivation: Users may request to deactivate or delete their account by contacting customer support. Taifany will handle the deactivation process in accordance with applicable data protection laws and will delete personal data as required.

·        Suspension for Non-Compliance: Accounts may be temporarily suspended if Users fail to comply with specific account requirements, such as updating verification documents or providing accurate information.

4.8 Privacy and Data Security

·        Data Collection: Taifany collects personal data as outlined in its Privacy Policy. By registering an account, Users consent to the collection, storage, and processing of their data for platform operations.

·        Data Use and Sharing: Taifany will only use and share personal data as needed for operations, such as order processing, payment transactions, and customer support. We prioritize data security and do not share personal information with third parties without consent, except as required by law.

·        Account Security: Taifany uses encryption and other security measures to protect User data. However, Users are responsible for maintaining secure access to their accounts and should contact Taifany if they suspect unauthorized activity.

4.9  Product Quality and Compliance

·        Product Standards: Sellers must ensure that all products meet Taifany’s quality standards, including being free from defects, accurately described, and in compliance with the platform’s guidelines on product categories and restrictions.

·        Product Descriptions: Sellers are responsible for providing accurate, detailed descriptions of each product, including specifications, materials, dimensions, usage instructions, and safety warnings. Misrepresentation of any kind can lead to penalties or account suspension.

·        Compliance with Local Regulations: Sellers are required to ensure their products meet the regulatory standards in their own country, including compliance with export/import laws, safety standards, and labeling requirements. This includes any legal certifications or documentation needed for specific product categories (e.g., electronics, food, health products).

Customer Service and Communication

• Customer Inquiries: Sellers are expected to respond to customer inquiries through Taifany’s messaging system within a set response time (typically 24-48 hours). Prompt and courteous responses are essential for maintaining a positive customer experience.
• Issue Resolution: Sellers must address any order-related issues, such as delays, defective products, or incorrect items, quickly and effectively. Repeated customer complaints or unresolved issues can lead to penalties or account suspension.
• After-Sales Support: For certain product categories (e.g., electronics, appliances), sellers are required to provide after-sales support, which includes warranty claims and customer guidance on usage and maintenance.

Marketing and Promotions

• Brand Representation: Sellers are required to present their brand professionally on the Taifany platform, adhering to Taifany’s brand guidelines. This includes appropriate product images, accurate brand logos, and compliant promotional materials.
• Participation in Promotions: Taifany may offer platform-wide promotions, and sellers can participate in these by offering discounts or special deals on their products. Sellers are responsible for meeting any obligations related to such promotions, including sufficient stock levels and honoring the discount terms.

Intellectual Property and Content Rights

• Authorized Content: Sellers are responsible for ensuring that all content they upload (e.g., product descriptions, images, logos) is legally theirs or licensed for use. Copyright infringement or misuse of intellectual property is strictly prohibited.

Data Privacy and Security

• Customer Data Protection: Sellers must adhere to data privacy laws and respect the confidentiality of customer information. Customer data obtained through Taifany’s platform must only be used for order fulfillment and customer service.
• Platform Security: Sellers are responsible for maintaining the security of their Taifany account, safeguarding their login credentials, and immediately reporting any unauthorized access or security breaches.

Returns and Refunds

The Returns and Refunds policy for Taifany is designed to ensure a fair and efficient process for customers and sellers. This section outlines the procedures, eligibility criteria, and responsibilities regarding returns and refunds for purchases made on the Taifany platform.

6.1 Return Eligibility

·        General Return Policy: Customers may initiate a return within 14 days from the date of delivery for most products, provided that the items are in their original condition, unused, and include all original packaging, tags, and accessories.

·        Non-Returnable Items: Certain items may not be eligible for return, including:

o   Perishable goods (e.g., food items, cosmetics)

o   Personalized or customized products

o   Products that have been opened or used (unless defective)

o   Digital products or services that have been accessed or downloaded

6.2 Return Process

·        Initiating a Return: Customers must submit a return request through their Taifany account within the return eligibility period. This process typically includes filling out a return form detailing the reason for the return and providing any necessary documentation.

·        Approval and Instructions: Upon receiving a return request, Taifany will review the submission. If approved, customers will receive instructions on how to return the item, including a return shipping label if applicable.

·        Shipping Costs: Unless the return is due to a seller error (e.g., incorrect item, defective product), customers may be responsible for the return shipping costs. If Taifany determines that the return is warranted, it may cover these costs.

6.3 Refund Process

·        Refund Eligibility: Once the returned item is received and inspected by Taifany or the seller, and if it meets the return criteria, a refund will be processed. Refunds will be issued to the original payment method used at the time of purchase.

·        Processing Time: Refunds typically take 5-10 business days to process after the returned item is received. Customers will receive notification via email once the refund is initiated.

·        Partial Refunds: In cases where an item is returned with signs of use or damage, Taifany reserves the right to issue a partial refund based on the condition of the returned product.

6.4 Seller Responsibilities

·        Communication with Customers: Sellers are expected to communicate clearly with customers regarding their return policies and ensure that they understand the process for initiating returns and obtaining refunds.

·        Handling Returns: Sellers must monitor return requests through their Seller dashboard and respond to customer inquiries in a timely manner. If a return request is justified, sellers are responsible for accepting the returned item and processing the refund according to Taifany's policies.

·        Quality Control: Sellers should ensure that their products are of high quality and accurately described to minimize the likelihood of returns. This includes regular checks of inventory and packaging before items are shipped.

6.5 Defective or Damaged Items

·        Reporting Issues: Customers must report any defective or damaged items within 48 hours of delivery to qualify for a return or exchange. Sellers are responsible for addressing these issues promptly and ensuring customer satisfaction.

·        Exchange Policy: If a product is defective, customers may opt for an exchange instead of a refund, depending on the availability of the replacement item. The exchange process should follow the same steps as the return process.

6.6 Dispute Resolution

·        Dispute Management: In cases where there are disputes regarding returns or refunds, customers and sellers can seek assistance from Taifany’s customer support. Taifany will act as a mediator to facilitate a resolution based on the evidence provided by both parties.

·        Final Decision: Taifany’s decision regarding returns and refunds is final and binding. Both customers and sellers are required to adhere to the outcome determined by Taifany.

6.7 Payment Terms

The Payment Terms section outlines the financial agreements between Taifany, its sellers, and customers regarding transactions, payment processing, and associated fees. This section ensures transparency and clarity for all parties involved.

6.8 Payment Methods

·        Accepted Payment Methods: Taifany supports various payment methods to accommodate customer preferences, including credit/debit cards, digital wallets, and bank transfers. All transactions must comply with Taifany’s secure payment processing standards.

·        Currency: All transactions are conducted in AED (United Arab Emirates Dirhams) unless otherwise specified. Currency conversion rates may apply for international transactions.

6.9 Transaction Fees

·        Seller Fees: Sellers are required to pay an annual fee of 315 AED to maintain their seller account on the Taifany platform. This fee is non-refundable and is due at the time of account registration or renewal.

·        Commission Rates: Taifany charges a commission on each sale made through the platform. The commission rate varies by product category, typically ranging from 4% to 12% of the sale price. This commission is deducted automatically from the seller's payout.

·        Payment Processing Fees: Any payment processing fees incurred during transactions may be deducted from the total sale amount. Sellers are responsible for understanding and accepting these fees.

7.0 Payment Schedule

·        Payout Timing: Sellers will receive their payout one week after a sale is completed. This allows time for any potential returns, refunds, or disputes to be resolved.

·        Payout Methods: Payments to sellers can be made via bank transfer or other payment methods specified by Taifany. Sellers must provide accurate banking details to ensure timely payments.

7.1 Order Cancellation and Refunds

·        Cancellation Policy: If a customer cancels an order before it is shipped, the seller must process the cancellation and refund the payment in accordance with Taifany’s cancellation policies.

·        Refund Processing: In cases of returns or refunds initiated by customers, the amount will be deducted from the seller's next payout. Sellers are required to ensure that their account balance can accommodate these deductions.

7.2 Currency Exchange and International Transactions

·        International Sales: For sellers operating internationally, currency conversion rates may apply when converting sales into AED. Sellers are responsible for understanding the implications of international transactions and any applicable fees from their payment providers.

·        Compliance with Local Regulations: Sellers must comply with any tax, duty, or regulatory obligations specific to their country regarding payment processing and international sales.

7.3 Dispute Resolution

·        Payment Disputes: In the event of a payment dispute between sellers and customers, Taifany will mediate the issue. Both parties must provide supporting documentation for their claims. Taifany’s decision will be final in resolving payment disputes.

·        Liability for Unauthorized Transactions: Sellers must ensure the security of their accounts and report any unauthorized transactions immediately. Taifany is not liable for losses incurred due to a seller's failure to secure their account information.

7.4 Intellectual Property

·        The Intellectual Property section establishes the rights and responsibilities of Taifany, sellers, and users regarding the use and protection of intellectual property (IP) on the platform. This section aims to ensure compliance with IP laws, respect for ownership rights, and the promotion of a fair marketplace.

·        7.5 Ownership of Intellectual Property

·        Taifany's IP Rights: Taifany retains all rights, title, and interest in its intellectual property, including but not limited to trademarks, logos, content, software, databases, and design elements associated with the Taifany platform. Unauthorized use or reproduction of Taifany’s IP is strictly prohibited.

·        Seller's IP Rights: Sellers retain ownership of their trademarks, logos, and other intellectual property associated with their products. By listing products on Taifany, sellers grant Taifany a non-exclusive, royalty-free, worldwide license to use, display, and promote their IP for the purpose of marketing and selling the products on the platform.

·        7.6 User-Generated Content

·        License to Use: Users may submit reviews, comments, images, or other content (collectively referred to as "User Content") to Taifany. By submitting such content, users grant Taifany a non-exclusive, irrevocable, perpetual, and royalty-free license to use, reproduce, modify, publish, and distribute the User Content across all media.

·        Originality and Ownership: Users warrant that any User Content submitted is original, does not infringe upon the rights of any third party, and that they own the necessary rights to grant the above license.

·        7.7 Protection of Intellectual Property

·        Reporting Infringements: If a seller or user believes their intellectual property rights have been infringed upon, they must notify Taifany in writing, providing details of the infringement and any supporting documentation. Taifany will investigate the claim and take appropriate action as necessary.

·        Counter-Notification: If a seller or user receives a notification of alleged infringement, they may submit a counter-notification to Taifany if they believe the claim is erroneous. Taifany will review the counter-notification and take appropriate action, which may include restoring the content in question.

·        7.8 Third-Party Rights

·        Respecting Third-Party IP: Sellers must ensure that their products, descriptions, and branding do not infringe on the intellectual property rights of third parties. This includes, but is not limited to, trademarks, copyrights, and patents.

·        Indemnification: Sellers agree to indemnify and hold harmless Taifany from any claims, damages, or expenses arising from a breach of third-party intellectual property rights due to their products or content.

·        7.9 Limitations on Use

·        Prohibited Activities: Users and sellers may not:

·        Use Taifany’s IP for commercial purposes without prior written consent from Taifany.

·        Modify, adapt, or create derivative works based on Taifany’s content or software without permission.

·        Use automated systems or software to extract data from Taifany’s platform for commercial purposes.

·        Engage in any activities that may harm Taifany’s reputation or undermine its intellectual property rights.

8.0 Limitation of Liability

The Limitation of Liability section outlines the extent to which Taifany, its affiliates, and its representatives are liable to users and sellers for any damages, losses, or claims arising from the use of the Taifany platform. This section is essential for protecting Taifany from excessive legal exposure while ensuring that users and sellers understand the limitations of their rights.

8.1 General Disclaimer

·        No Warranty: Taifany provides its services on an “as is” and “as available” basis, without any representations or warranties of any kind, express or implied. Taifany does not guarantee that the platform will be uninterrupted, secure, or free of errors or viruses. Users acknowledge that their use of the platform is at their own risk.

9.2 Limitation of Liability

·        Capped Liability: To the fullest extent permitted by law, Taifany’s liability for any claims arising out of or related to the use of the platform, whether in contract, tort, or otherwise, is limited to the amount paid by the user or seller for the specific product or service giving rise to the claim, or AED 500, whichever is less.

·        Exclusion of Certain Damages: Taifany shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of the platform, including but not limited to loss of profits, loss of data, or loss of goodwill, even if Taifany has been advised of the possibility of such damages.

8.3 Third-Party Interactions

·        Third-Party Links: The Taifany platform may contain links to third-party websites or services. Taifany does not endorse or assume any responsibility for the content, privacy policies, or practices of these third-party sites. Users interact with third-party sites at their own risk, and Taifany shall not be liable for any damages or losses incurred as a result of such interactions.

8.4 Indemnification

·        User Indemnification: Users agree to indemnify, defend, and hold harmless Taifany, its affiliates, and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, or expenses (including reasonable attorneys' fees) arising out of or in connection with their use of the platform, violation of these Terms and Conditions, or infringement of any third-party rights.

8.5 Governing Law and International Jurisdiction

The Governing Law and International Jurisdiction section outlines the legal framework that governs the Terms and Conditions of Taifany and specifies the jurisdiction for resolving disputes. This section ensures clarity for all users and sellers regarding the applicable legal standards and the venue for legal proceedings.

8.6 Governing Law

·        Applicable Law: These Terms and Conditions, including all provisions related to liability, will be governed by and construed in accordance with the laws of the United Arab Emirates (UAE). This includes all applicable federal and local laws and regulations that may apply to Taifany’s operations and services.

8.7 Jurisdiction

·        Exclusive Jurisdiction: Users and sellers agree that any disputes, claims, or legal actions arising from or related to these Terms and Conditions, including but not limited to issues related to the use of the Taifany platform, shall be subject to the exclusive jurisdiction of the courts located in the UAE.

·        Dispute Resolution: Before pursuing any legal action, users and sellers agree to attempt to resolve any disputes amicably through negotiation. Should informal resolution fail, the parties may proceed with legal action as stipulated herein.

8.8 International Considerations

·        Cross-Border Transactions: For international sellers and users, this governing law and jurisdiction clause applies regardless of their location. Users outside of the UAE must comply with UAE laws when using Taifany’s services and understand that any disputes will be handled under UAE law.

·        Compliance with Local Laws: International sellers and users are responsible for ensuring that their use of the Taifany platform complies with any applicable local laws and regulations in their respective countries. This includes compliance with import/export regulations, tax obligations, and consumer protection laws.

Indemnification

The Indemnification section establishes the responsibilities of users and sellers regarding claims, damages, and liabilities that may arise from their use of the Taifany platform. This section aims to protect Taifany and its affiliates from potential legal exposure related to user and seller activities.

8.9 User Indemnification

·        Obligation to Indemnify: Users and sellers agree to indemnify, defend, and hold harmless Taifany, its affiliates, and its officers, directors, employees, and agents from any and all claims, demands, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) that arise from or relate to:

o   Their use of the Taifany platform.

o   Violation of these Terms and Conditions or any applicable laws or regulations.

o   Infringement of any intellectual property rights or proprietary rights of any third party.

o   Breach of any warranty, representation, or obligation made under these Terms and Conditions.

8.10 Third-Party Claims

·        Defense of Claims: In the event that a third party files a claim against Taifany or its affiliates arising from a user’s or seller’s actions, Taifany will promptly notify the indemnifying party. The indemnifying party shall assume the defense of such claims, provided they are not in conflict with Taifany's interests. The indemnifying party must cooperate with Taifany in the defense and may not settle any such claim without Taifany's prior written consent.

9.0 Limitations on Indemnification

·        Exclusions: The indemnification obligations outlined in this section do not apply to claims that result solely from Taifany's negligence, willful misconduct, or breach of these Terms and Conditions.

·        Notification of Claims: To be eligible for indemnification, Taifany must provide prompt written notice to the indemnifying party of any claim for which it seeks indemnification.

9.1 Survival of Indemnification Obligations

·        Continuity of Obligations: The indemnification obligations set forth in this section shall survive the termination or expiration of these Terms and Conditions and shall remain in effect as long as any claims, disputes, or legal actions arising from the use of the Taifany platform are pending.

·        Changes to Terms

·        The Changes to Terms section outlines the process by which Taifany may update or modify its Terms and Conditions. This section is important for ensuring that users and sellers are aware of any changes that may affect their rights and responsibilities while using the Taifany platform.

·        9.2 Right to Modify

·        Modification of Terms: Taifany reserves the right to update, revise, or modify these Terms and Conditions at any time. This includes changes to policies, procedures, fees, and any other terms that govern the use of the platform.

·        9.3 Notification of Changes

·        Communication of Changes: Taifany will provide notice of any material changes to these Terms and Conditions through the platform, via email, or through other means deemed appropriate. Users and sellers are encouraged to review the Terms regularly to stay informed of any changes.

·        Effective Date: The changes will be effective immediately upon posting on the Taifany platform or as specified in the notification.

·        9.4 Acceptance of Updated Terms

·        Continued Use: By continuing to use the Taifany platform after changes to the Terms have been made, users and sellers signify their acceptance of the updated Terms. If a user or seller does not agree with the changes, they must cease using the platform and may terminate their account.

·        No Retroactive Effect: Changes to the Terms will not have a retroactive effect on disputes or claims that arose prior to the effective date of the updated Terms.

·        9.5 Responsibility to Review Terms

·        User Obligation: It is the responsibility of users and sellers to review these Terms and Conditions regularly for any updates. Taifany encourages all users and sellers to stay informed about their rights and obligations under the Terms.

·        9.6 Policy Updates

·        Ongoing Updates: Taifany may periodically review and amend its Terms and Conditions to reflect changes in laws, regulations, or business practices. Users and sellers will be notified of significant updates, and it is their responsibility to understand the implications of such changes.

Changes to Terms

The Changes to Terms section outlines the process by which Taifany may update or modify its Terms and Conditions. This section is important for ensuring that users and sellers are aware of any changes that may affect their rights and responsibilities while using the Taifany platform.

9.7 Right to Modify

·        Modification of Terms: Taifany reserves the right to update, revise, or modify these Terms and Conditions at any time. This includes changes to policies, procedures, fees, and any other terms that govern the use of the platform.

9.8 Notification of Changes

·        Communication of Changes: Taifany will provide notice of any material changes to these Terms and Conditions through the platform, via email, or through other means deemed appropriate. Users and sellers are encouraged to review the Terms regularly to stay informed of any changes.

·        Effective Date: The changes will be effective immediately upon posting on the Taifany platform or as specified in the notification.

9.9 Acceptance of Updated Terms

·        Continued Use: By continuing to use the Taifany platform after changes to the Terms have been made, users and sellers signify their acceptance of the updated Terms. If a user or seller does not agree with the changes, they must cease using the platform and may terminate their account.

·        No Retroactive Effect: Changes to the Terms will not have a retroactive effect on disputes or claims that arose prior to the effective date of the updated Terms.

9.10 Responsibility to Review Terms

·        User Obligation: It is the responsibility of users and sellers to review these Terms and Conditions regularly for any updates. Taifany encourages all users and sellers to stay informed about their rights and obligations under the Terms.

10.0 Policy Updates

·        Ongoing Updates: Taifany may periodically review and amend its Terms and Conditions to reflect changes in laws, regulations, or business practices. Users and sellers will be notified of significant updates, and it is their responsibility to understand the implications of such changes.

Contact Information

For any questions or concerns regarding these Terms, please contact us at:
Email: contact@taifany.com
Phone: 97126420205 / 971564200222
Address: United Arab Emirates