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- Eligibility for Membership
Califorca.ae wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Califorca.ae under this User Agreement or at law, Califorca.ae reserves the right to limit or withdraw access to the Site or the membership of any person if Califorca.ae believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Califorca.ae. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
- Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
- On becoming a member of the Site, you agree:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Califorca.ae of any unauthorised use of your password or account or any other breach of security. In no event will Califorca.ae be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse Califorca.ae for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
- You will provide true, accurate, current and complete information about yourself as prompted by Califorca.ae’s registration form (the “Registration Data”).
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Califorca.ae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Califorca.ae under this User Agreement or at law, Califorca.ae has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
- Califorca.ae may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to Califorca.ae upon such requests. You acknowledge and agree that if you do not, Califorca.ae without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
- On becoming a member of the Site, you agree:
- Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Califorca.ae requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- Amendments to this User Agreement
You acknowledge and agree that Califorca.ae shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that Califorca.ae at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Califorca.ae, and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Califorca.ae and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
“Moonlight” and related logos, and other words and logos on the Site are registered trademarks of Califorca Trading LLC and are protected by United Arab Emirates trademark and other intellectual property rights and laws. Califorca.ae’s trademarks may not be used in connection with any product or service that is not Califorca.ae’s nor in any manner that disparages or discredits Califorca.ae. All other trademarks not owned by Califorca.ae that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Califorca.ae.
- Abusing Califorca.ae
Please report problems of any kind or violations of this User Agreement to Califorca.ae. If you believe that your intellectual property rights have been violated, please notify Califorca.ae. Without prejudice to any other rights and remedies of Califorca.ae under this User Agreement or at law, Califorca.ae may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also Califorca.ae can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
- Breach of User Agreement
Califorca.ae may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Califorca.ae or use the Site in any manner whatsoever until such time that such user is reinstated by Califorca.ae. Notwithstanding the foregoing, if you breach this User Agreement Califorca.ae reserves the right to recover any amounts due and owing by you to Califorca.ae or any losses and damages caused by you to Califorca.ae and to take such steps including legal action and/or the initiation of criminal proceedings against you as Califorca.ae in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Califorca.ae’s right to take any actions with respect to that, or subsequent or similar breaches. Califorca.ae does not guarantee that it will take action against all breaches that there may be of this User Agreement.
- Providing Feedback
- Califorca.ae encourages buyers and sellers on the Site to provide feedback on each other’s conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. Califorca.ae will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of Califorca.ae under this User Agreement or at law, Califorca.ae reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
- You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by Califorca.ae, and that together these convey your full user profile.You agree that you shall not market or export your Califorca.ae feedback rating in any venue other than on the Site. Califorca.ae does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
- Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Califorca.ae under this User Agreement or at law or otherwise, Califorca.ae may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
- No Warranty
Califorca.ae provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Califorca.ae makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Califorca.ae makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Califorca.ae has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
- Limitation of Liabilities
- To the extent permitted by law, Califorca.ae, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Califorca.ae has been advised of the possibility of such losses or damages).
- If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Califorca.ae and Califorca.ae shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Califorca.ae and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
- Relationship and Notice
- None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Califorca.ae and you shall have no authority to bind Califorca.ae in any manner whatsoever.
- Except as explicitly stated otherwise, any notices to Califorca.ae from you shall be given by you by email to Califorca.ae at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Califorca.ae by return email. Any notices to you from Califorca.ae shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
- Transfer of Rights and Obligations
You hereby grant Califorca.ae the right to, and irrevocably acknowledge and agree that Califorca.ae may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Califorca.ae agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Califorca.ae, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Califorca.ae.
- If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Califorca.ae with respect to the subject matter hereof.
- No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
- Governing Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
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