Games
Usage policy
Welcome to “Mobiway” Store.“.
Effective Date: 2023
INTRODUCTION
Please carefully read this usage policy together with the privacy policy (the “Terms and Conditions”) which govern your access and use of the website https://mobiway-ae.com (“Mobiway”).
By accessing, using, and/ or placing orders through the “Mobiway” Store, you confirm to us that you have read and agree to be bound by this policy. If you do not consent to this policy, please do not use this Store.
This policy shall be deemed a valid electronic contract complete with legal conditions and statutory pillars between you as a user and the “Mobiway” Store, and its provisions are binding on all users, and no one may relinquish it as long as it produces its legal effects.
DEFINITIONS
The following words shall have the meaning indicated opposite each of them, unless the context requires otherwise:
“we”, “us” or “our”: refers to the “Mobiway” store.
“User”: refers to any person who uses the Store in any way.
“Seller”: refers to each individual or entity who registers an account for the purpose of displaying and selling their products through the Store.
“Buyer”: refers to everyone who registers an account for the purpose of purchasing products offered by registered sellers in the store.
“Products”: refers to the products offered in the store, including but not limited to (smart phones, laptops, tablets, watches, headphones, cameras, PC, video games, accessories, and other products).
“Laws”: refers to the laws in force in the United Arab Emirates. “Terms and Conditions”: refers to this Usage Policy in addition to the Privacy Policy.
“Terms and Conditions”: refers to this Usage Policy in addition to the Privacy Policy.
REPRESENTATIONS AND WARRANTIES
By using the “Mobiway” Store, you represent and warrant that:
You are of the applicable legal age and have the full and unrestricted legal capacity to enter to the contracts.
You are able to place orders and pay by one of the approved methods in the store.
You agree to be bound by the terms & conditions of the “Mobiway” Store.
You are use the “Mobiway” Store in compliance with all applicable laws of the United Arab Emirates, and not for any unlawful purpose.
You are responsible for all actions you conduct through the store and all the consequences of such use.
THE ACCOUNT
You can register a free account in the “Mobiway” Store, and you will need to provide us with specific data. You agree to:
Abide by the term, policies, rules, and operating instructions of the “Mobiway” Store before use it.
Register with correct, current, and complete data as required in the registration form, and we have the right to verify the data you provide to us, and you hereby authorize us to request, use, and store such data in accordance with the privacy policy on the store.
Precisely enter the data required in the “Mobiway” Store and shall bear responsible for regularly reviewing it for the purpose of correcting, modifying, or updating it as long as you have new information regarding this.
Maintain the account data, and restrict others from using the account, and in all cases, you are abiding by the responsibility for any disclosure of this data to others and all the actions made through the store.
Inform the “Mobiway” Store administration promptly of any illegal use of the account, or in case of finding out any illegal practices or activities through the store such as penetrating or theft of the account.
Not initiate any action that would directly or indirectly cause any harm to the store’s activity and objectives.
Use your credit cards, and do not use stolen or counterfeit cards.
We shall have the right immediately without any legal liability to restrict, suspend, or terminate your account permanently or temporarily in the following cases:
If you do not comply with the terms, policies, rules, and guidelines of using the “Mobiway” Store.
If you use the account in a manner not permitted or illegal.
If you provide data or information that we deem is incorrect, inaccurate, or fake.
If you submit an invalid address in the order details, or fraud upon placing the order.
If you do not produce us adequate documents that we require you to verify your identity.
If you use stolen or fake payment cards.
If your actions have caused any damages, losses, or liability to us.
If we see any other violations in any other circumstances.
LICENSES OF USE
We grant you limited, non-exclusive, non-sub licensable, irrevocable, non-transferable license to:
Access and use the “Mobiway” Store for your personal purposes.
Access and use the content, information, or related materials that may be made available through the store for your personal, non-commercial use, and strictly in accordance with this policy.
The license granted to the user does not include any property rights on or part of the “Mobiway” Store, nor does this license directly or indirectly indicate a partnership of any kind between us and any user.
We authorize the user to make limited use of the “Mobiway” Store, you may not:
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the store.
Prevent any user to use the store or impersonating any other user or entity.
Submit unwanted emails, spam, or messages that support any illegal activities.
Infringe the copyright, trademark, patent, publicity, moral, database, or other intellectual property rights that belong to or are licensed to us; or any intellectual property rights that belong to third parties.
Interfere with the operation of the “Mobiway” Store, including distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, or similar methods or technology that may disrupt or interfere with the operation or provision of the store.
Access, tamper with, or use non-public areas of the “Mobiway” Store.
Attempt to troubleshoot, scan, or test the vulnerability of any systems or networks of the “Mobiway” Store, or otherwise breach any security or authentication measures.
Manipulate the price of any product.
The user shall bear all the legal liability in case of violating any intellectual property rights over any content published on the “Mobiway”.
SELLERS TERMS
The seller must register an account with correct, accurate and complete data, and in the event that you register on behalf of a commercial entity (company or institution), you acknowledge that you have the authority to bind this entity to these terms and that you will abide by them, and you will be subject to all laws in force in the Emirates.
The seller must have full authority and capacity and provide evidence of the authorization of the individuals who register or use the store, and provide us with identity data, a copy of the commercial license, a copy of the commercial register, and contact information.
The seller acknowledges obtaining all licenses, permits, official papers, and the commercial register necessary to conduct electronic commerce activity in accordance with the applicable laws, and we have the right to request access to any of these papers and documents at any time.
The seller bears all civil and criminal responsibilities in the event that these papers and documents are forged or extracted from illegal sources, and undertakes to renew them whenever the need arises.
The seller acknowledges that registration in the “Mobi Way” store is based on personal consideration, and therefore he is not entitled to assign or lease his account to others without our consent to that.
The seller must use the “Mobiway” store for legal and legitimate purposes only, and comply with the laws in force in the Emirates, including the laws of electronic commerce and consumer protection.
The seller undertakes and warrants the following:
Clarifying all specifications, details and prices of products, as well as specifying after-sales services, including return.
That all the information and images of the products he provides on the store are true, accurate and legal, and reflect his own products. It also guarantees that these products do not violate intellectual property rights, privacy rights, or any commercial rights or proprietary rights of third parties.
The products are free from all apparent and hidden defects, and all legal provisions relating to guaranteeing hidden defects apply to the contractual relationship between the seller and the buyer.
There are no restrictions on the buyer to obtain, use or dispose of the products in any kind of legal action.
The products offered for sale through the store shall not be attached to any of the rights of third parties, and shall be delivered to the buyer free of any financial burdens, and not loaded with any personal or in-kind rights.
Delivery of products with the specifications agreed upon with the buyer without reference to us.
In case of a dispute between the seller and the buyer regarding any request, he will resort to implementing the contract concluded between them by means of amicable or judicial settlement without referring to us in any way.
Maintain the confidentiality and privacy of buyers' information during the process of selling products agreed upon between them
The seller expressly acknowledges that we are not agents of the buyers and do not represent them, nor are we employers nor distributors nor agents of the seller, and therefore we do not have any supervisory or control authority over the buyer or the seller, and each party is held personally responsible in accordance with this agreement and in accordance with the law.
The seller may cancel the order in the following cases:
If the product(s) ordered by the buyer are not available.
If the buyer does not pay the value of the products and any related fees.
If the buyer does not provide correct information to deliver the order within the reasonable time period for delivery.
If the buyer does not receive the order within the delivery period.
BUYER TERMS
The buyer must register an account under the real name, and not use a pseudonym, anonymous or misleading name, and all data must be true and accurate, and you bear responsibility for that.
The buyer must be of legal age to be able to purchase and pay for the Products.
The buyer must provide a valid address and number for the delivery and delivery of the products.
The buyer must use your bank or credit cards, and not use stolen or counterfeit cards.
The buyer is obligated:
To comply with all applicable laws regarding electronic commerce, and undertakes to pay all fees and taxes imposed by the laws on the services and products he receives.
The use of the “MobiWay” store is at its own risk, and it bears responsibility for any communication between it and the seller.
Take responsibility for the correctness of the information provided to the seller.
See the description of the products offered by sellers through the “Mobi Way” store and verify them themselves.
Paying for the products he buys with the payment methods available in the “MobiWay” store.
In case of a dispute between the seller and the buyer regarding any request, he will resort to implementing the contract concluded between them by means of amicable or judicial settlement without referring to us in any way.
The buyer may cancel the order unless it has been processed or shipped.
SALE / ORDERS
Sellers offer their products on the “MobiWay” store, and the buyer can browse the offered products to get the right product at the right price. The store guarantees the products offered, and in the event that the product differs from the description on the store, the product is returned and the seller bears all shipping costs.
The “MobiWay” store is not the owner of any of the products offered, and the sellers are legally responsible for these products.
By placing an order on the “Mobiway” Store, you agree to be bound by the clauses of this policy.
The sale process is done in accordance with the availability of products with specifications, prices, and images displayed on the official page of the store.
“Mobiway” Store makes every effort to ensure that all product details are accurate. However, from time to time we may discover an error in the pricing and specifications of the products, and we have the right to amend them at any time.
You should review the details of the products before submitting an order. Once placing an order to purchase a product by the “Mobiway” Store, this order constitutes an offer from you to purchase the product in accordance with our policies and is linked to our acceptance of that order.
After you select the product and click the button “Add to Cart” below the desired product, you will be transferred to the order page. You must follow the instructions for placing the order before submitting it and completing the payment, and no contract will be formed between us unless we send you a confirmation message of your order.
The order details will be shown to you including the price you must pay including VAT, and any other fees, including shipping fees.
You must pay by one of the approved payment methods available in the store.
After you make the payment, your order will be processed within 24-48 hours, provided the products are in stock, and there are no problems with payment verification.
The store will hold the payment for 24 hours after you receive the product to make sure you receive it as described.
If you placed an order and discovered that you have made a mistake in the order after you have submitted it, please contact our customer service immediately, and report the mistake.
You must keep the payment receipts for the period necessary to receive the order and sign the delivery receipt.
“Mobiway” Store reserves full-ownership rights over the products you purchase from us until we receive the total amount of your order by one of the specified payment methods.
If you purchase quantities of products for the purpose of selling them again, we do not warrant the extent of their marketability as well as getting profits from reselling them.
“Mobiway” Store has the right to alert you of the orders left in the shopping cart.
PRICES AND TAXS
All prices of the products offered in the “Mobiway” Store are in the local currency (AED).
Prices are subject to modification and updating from time to time at the discretion of “Mobiway” Store. Once updated we will not claim you for an order that has already been confirmed or is in the process of shipping.
You must pay VAT on purchase orders; any change in the VAT will be automatically reflected in the product price.
PAYMENT METHODS
“Mobiway” Store provides payment by Visa Card – Master Card – Applepay.
You authorize us and the third party's payment processors to collect E-payment for orders amount on our store, and all such transactions are due immediately.
When you pay with one of the credit cards, you agree that you have the right to use these cards, that they contain sufficient funds, credit, or other payment facilities to cover the purchase, and you agree that the “Mobiway” Store is entitled to verify payment methods, (e.g., credit card number and validity), and if accepted, you will receive an order confirmation via email.
You must make sure that the data you enter during the payment process is correct, accurate, and valid. We will issue an electronic invoice for the order value and send such an invoice to the email you provided to us.
You must use your bank cards and make sure that the data you entered is correct and accurate before completing the payment process, and if you use cards for another party, you must have authorization or permission to use it, and you agree to disclaim the “Mobiway” Store towards any party.
All data you enter through the E-payment gateway are encrypted for the purpose of security protection.
“Mobiway” Store has the right to add new payment methods in the future or cancel any current method, and you will be informed if this is applied.
Fee and Commission Policy
The “MobiWay” store does not charge a fee for the account registration process at this time.
The “MobiWay” store gets a commission of [5%] from the seller for every valid sale through the store.
The “MobiWay” store has the right to impose fees in the future when using or registering in the store, or benefiting from any of the services provided on it, or changing or amending any fees or commissions related to it.
SHIPPING PRODUCTS
The orders are shipped to the address specified in the purchase order. The shipping period varies depending on the city and the delivery address.
The orders are delivered within [3] days to the main cities, and orders are delivered within [5] working days to other cities.
The orders are not shipped on weekends or holidays.
The shipping process may be delayed for reasons of force majeure or circumstances beyond the control, in which case we will not bear any responsibilities due to the delayed delivery of the order, and you will be notified of the delay by email or phone.
The user shall incur all the freight in addition to the price of the order.
RETURN PRODUCTS
You can return or exchange the new products within (10) days from the date of delivery.
You can return the used products within (24 ) hours if it is not as described in the store.
You can return or exchange the products in the following cases:
If you have received a wrong product, or it is not as described in the store.
If you have received a product with defects or manufacturing defective.
If you have received a product that was damaged during shipping and delivery.
If you have received a product quality is unsatisfactory.
The following conditions must be met to complete the return or exchange process::
The product must be in its original packaging with all the accessories.
The product must be unopened, unused, and in the same original packaging condition.
The product must be in the same condition as you received at the purchase time.
The product must have price tags and SKU code data - if any.
The original purchase invoice must be attached with the returned product.
A return can be arranged by contacting us on the means available in the Store.
You cannot return or exchange the products in the following cases:
The product that has been damaged by misuses, such as scratches, or malfunction due to the wrong voltage connection.
The product that has missing some parts (such as catalogs, and accessories).
The product is to be returned after the specified return period has passed.
The product’s serial numbers, original box, colors, or any other aspect do not match compared to the product when it was received during the purchase process and as it is stated in the purchase invoice.
ACCURACY, ERRORS, AND MONITORING
The information on the “Mobiway” store or products may contain typographical errors, inaccuracies, or omissions in relation to content, descriptions, pricing, or other matters. We have the right to correct any typographical errors, inaccuracies, or omissions at any time without prior notice.
We reserve the right to delete any content that violates of this policy, is illegal, undesirable, or otherwise violates the obligations of the store licensors.
INTELLECTUAL PROPERTY RIGHTS & TRADEMARKS
We retain all intellectual property rights, trademarks on the “Mobiway” Store, all copyrights, commercial appearance, designs, logos, icons, and other intellectual property, materials, and other rights, including software rights, and other symbols it contains, including content, text, fonts, images, programs, audio files, music, video, digital materials, documents, data, and forms, and it is protected by intellectual property.
Any imitation or plagiarism of the “Mobiway” Store or some of its features shall be deemed to be a violation of our copyrights for which we will take all the legal procedures against the perpetrator of the said violations.
“Mobiway” Store and logos, page headers, button icons, texts, and services names connected with it shall be trademarks and commercial designs of us, and you are prohibited from reproducing trademarks or commercial designs of the store in any media or advertising means without written permission from us.
We reserve all rights to the “Mobiway” Store, and all hardware, software, and other items used to provide the store.
COMPENSATION
You agree to compensate and defend us against all the actions and claims brought or claimed by third parties, fines, costs, or expenses including legal fees and attorney’s fees arising out of or relating to:
The claims or demands arising from your use of the “Mobiway” Store.
Misuse of the “Mobiway” Store in any form, including but not limited to, taking any action that would damage the work of the store directly or indirectly, or damage the reputation and directions of the store.
Violation of the “Mobiway” terms and policies, or the operation rules.
Violation of intellectual property rights, or any applicable laws including confidentiality or privacy rights
LINKS TO EXTERNAL WEBSITES
“Mobiway” Store may contain links to external websites of third parties, we do not endorse these links and are not responsible for any content, ads, or other materials available on these websites, and if you decide to access any of other parties' websites, you do so at your own risk.
You are solely responsible for all risks that may arise from using any links to external websites including the content, information, or services that are available on them.
[MODIFICATION
You agree that the “Mobiway” Store has the right to make substantial modification to this policy, including increasing your obligations or reducing your rights in accordance with the rules of this policy.
The user shall consult these modifications before continuing to use the “Mobiway” Store.
Your continued use of the “Mobiway” Store following any updates to this policy and privacy policy, whether in addition to, deletion or modification, is your express consent to these updates.
We have the right to make any adjustments or enhancements we deem necessary on the “Mobiway” Store to increase its effectiveness, and the user shall be bound to any instructions that the website provides to him in this regard.
TERMINATION OF USE
This policy shall be effective immediately upon registering an account, you acknowledge of acceptance and will continue in effect until terminated by you or us.
We may, at our sole discretion, terminate or suspend your access to, and use of, this store without notices and for any reason, including the violation of this policy or for other conduct which we believe is unlawful or harmful to others.
In the event of termination, you will no longer be authorized to access or use the store. We reserve the right to use any means available or necessary to enforce such termination.
LAWS AND JURISDICTION
This policy will be governed by and construed in accordance with UAE Laws, and all disputes relating to this policy will be subject to the exclusive jurisdiction of the competent courts.
If any of this policy shall be deemed invalid, illegal, or unenforceable under applicable laws, that condition will be severed from this policy and the remaining provisions will continue in full force and effect.
ASSIGNMENT
“Mobiway” Store at any time may transfer all or part of its rights, obligations, or responsibilities (expressed or presumed) under this policy to its affiliates without recourse to your request for additional consent.
You may not transfer all or part of your rights, obligations, or responsibilities (expressed or presumed) under this policy to a third party without the prior written consent of the “Mobiway” Store.
OTHER PROVISIONS
DIGITAL SIGNATURE: By registering an account in the “Mobiway” Store, or by clicking for accepting this policy upon claiming so, you shall be considered to have implemented this policy online, and it shall be legally enforceable and effective for you from the date of registering your account or from the date of clicking by accepting.
FORCE MAJEURE: we shall not be liable for any delay or failure in the performance of any of our obligations under this policy due to circumstances beyond, force majeure or emergency circumstances that may lead to the suspension or disruption of the operation of the “Mobiway” Store automatically (including acts of God, legislative, judicial, or regulatory acts of any government, court, or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or services to us, labor disruptions, blackouts, embargoes).
CONFLICT: If this policy conflict with any prior versions thereof, the current version shall prevail.
PRIVACY: The use of any personal information collected from you is subject to our privacy policy.
LANGUAGE: This policy is published in English and Arabic, and the Arabic language will adopt for the purpose of its interpretation and implementation.
ENTIRE AGREEMENT: This policy sets out in advance (or as amended from time to time) all the clauses of understanding and agreement between the user and “Mobiway” Store taking into account the relevant issues and superseding any prior versions thereof.
All Rights Reserved 2023 © “Mobiway”.