PLEASE, READ THESE TERMS AND CONDITIONS PRIOR TO SIGNING UP FOR THE USE OF THE WEBSITE AND OUR SERVICES
General / Overview
As is typical with competitions of this nature, You understand and agree that Mazzady cannot guarantee that You will be the winner of any individual Competition or that the final price You pay will be at a significant discount. Sometimes these will be very competitive, and the competition tends to grow as the products become more valuable or sought after.
Mazzady is a service provider, who uses a cutting-edge technology and state of the art customer experience to offer Mazzady Competitors the opportunity to compete for premium goods and experiences at a fraction of its retail price. When doing so, please note that Mazzady does not make any representation and/or warranty for any items / services sold on the platform.
Certain Services may be subject to additional terms and conditions specified by us from time to time, and Your use of such Services is subject to those additional terms and conditions, which are hereby incorporated into this Agreement by way of reference.
If You have any questions, concerns, or comments about our Terms & Conditions, please email us at email@example.com.
Acceptance of Terms & Conditions
If in any case, You disagree with the terms and conditions set herein You must immediately cease to use the Services.
If You access, use, or download in any way any service provided by Mazzady, You agree to and are bound by these Terms & Conditions and also acknowledge that (a) You have had the opportunity to review the tutorials regarding the use of Mazzady, (b) You have either reviewed the tutorials or have chosen not to do so, and (c) You have had the opportunity to ask questions regarding the use of Mazzady by email or through the online chat facility and to have those questions answered or have reviewed Our How it works documents.
Changes to Terms & Conditions
Mazzady may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. No express notification shall be required for the purposes of establishing the binding nature of the amended Terms. However, should a change occur, You agree that Mazzady will use its best efforts to provide You notice of such changes in any of the following ways: via an email from Mazzady, via an RSS feed, and/or by posting a change notice on the website for a reasonably limited time. It is Your responsibility to monitor and review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using Mazzady's Services. By continuing to access, use, or download in any way any service from Mazzady following any notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
“Auction” means the process of offering and public sale of certain Items, to the registered Mazzady Competitors, through the use of Mazzady Gems, as means for Bids during the second stage of a competitive process on the Mazzady platform.
“Bid” means an offer by a Competitor, as prospective purchaser, to pay a designated amount for the Item on sale within a Competition.
“Competition” means the two-stage process comprising the Boosting stage and the secondary auction phase.
“Competitor” means a natural person, who has been approved as eligible pursuant to the terms of this Agreement, who is willing to use the Services provided by Mazzady.
“Boosting” means the first stage of the competition where the interest in a particular product advertised is validated by Competitors committing Mazzady Gems. Once the product has garnered sufficient support (a pre-determined amount, specific and clearly displayed in each Competition), the product is deemed to be “Boosted” and proceeds to the second stage.
“Digital Content” means any digital content such as e-books, downloadable games and apps.
“Item” means any of the tangible assets, which are offered on the Mazzady platform and which may be bought by You through Competitions and including any Services.
“Manifest error” means an obvious error in the price / Gem quotes of the Items and which has occurred as a result of a system or technical error.
“Mazzady Gems” means the digital tokens, distributed by Mazzady to the Competitors, in exchange for fiat or virtual currencies. The Mazzady Gems are the sole mechanism for a Competitor to Boost and participate / win the respective Competition. The amount of Mazzady Gems required to Boost or to Bid may vary between different Competitions. MΛZZΛDY may offer free Mazzady Advantage Gems as bonuses, which may be used only in specific Competitions. Special terms may apply to such free or Bonus / Advantage Gems. Mazzady Gems may not be traded and will not have any value outside of the Mazzady platform.
“Offline Services” means those services delivered in real life, such as travel services, hotel and event bookings.
“Online Services” means those services delivered online, such as cloud services, social media, online memberships, and any other service which is delivered and used online.
“Services” means Online or/and Offline Services and/or Digital Content.
“Supplier” - means a sole proprietor natural person or a business entity which Mazzady contracts with directly to place items for sale in the Mazzady platform
“Website” or “Webpage” means “mazzady.com” (including, without limitation, the technology and the platform integrated therein), or any of Our associated Websites (the “Webpage”), including by way of reference the Mazzady mobile application.
By accepting the Terms & Conditions and/or registering with Mazzady, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a "Jurisdiction") of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using Mazzady, You warrant that You have the right, authority, and capacity to enter into this agreement and to be bound and to abide by these Terms & Conditions.
Mazzady employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Mazzady employees may not under any circumstances participate in Mazzady Competitions.
Mazzady reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won Competitions per user account. Mazzady products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
Local law restrictions and KYC obligations
The information related to and the use of the Services are not provided to any users that are domiciled, seated or temporarily reside in jurisdiction/s where such information or use is prohibited, regulated or is against any statutory legal provisions (“Prohibited Jurisdictions”). You undertake to maintain the obligation to systematically check whether You are accessing the information provided on our Webpage or are using its functionalities within such a Prohibited Jurisdiction. If affirmative, You are obliged to immediately cease to access the information or using the Services. Any breach of this obligation shall lead to the personal responsibility and liability of the breaching Party.
You agree and understand that we may be required to identify and verify the identity of our clients, and, in certain circumstances, those of other persons such as directors or beneficial owners, in accordance with the anti-money laundering legislation, and to keep that information updated. You agree that we may check such information using online electronic verification systems or other databases as we may decide. We may also report to official agencies any information which may come to our attention which gives rise to money laundering or terrorist financing concerns.
You may register only once with Mazzady, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account and that in case You do we may unilaterally terminate any of Your accounts without any prior notice. You must not provide misleading information when registering. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Mazzady users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
If Mazzady receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Mazzady’s sole discretion, Your user account may be frozen until You change the username. Mazzady may also permanently close Your account without prior notice to You for violating these Terms & Conditions.
You are responsible for keeping Your user account password confidential. Mazzady will never ask for Your password except during login. You should never provide Your password to anyone, including Mazzady employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
Registration may also be made with Your personal social media profile – Google, Facebook or Twitter.
This Agreement is personal to You and You cannot transfer, assign or delegate Your rights, licenses, interests and/or obligations to anyone else. We may transfer, assign or delegate our rights, licenses, interests and or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving us.
You represent and warrant at all times that:
We may further request from You any other information, which we may be required to obtain by virtue of law for the purposes of complying with AML KYC regulations.
As part of the functionalities of the Webpage, You may link Your account with online accounts You have with third-party service providers (each such account, a “Third-Party Account”). By allowing Us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account, You represent and warrant that You grant Mazzady access to Your Third-Party Account, without breach on Your behalf of any of the terms and conditions that govern Your use of the applicable Third-Party Account, and without obligating Us to pay any fees or making Us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting Us access to any Third-Party Account, You understand that (1) we may access, make available, and store (if applicable) any content that You have provided to and stored in Your Third-Party Account (the “Social Network Content”) so that it is available on and through the Webpage via Your account, including without limitation any friend lists and (2) we may submit to and receive from Your Third-Party Account additional information to the extent You are notified when You link Your account with the Third-Party Account. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be processed by the Webpage. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You may refer friends to Mazzady using the referral form on the Mazzady website. Mazzady offers free gems – Mazzady Bonus Gems to any user who refers new users who purchase a Gem Package. Mazzady reserves the right to review each referral for possible fraud. You may not refer family members or persons located in Your household. Any abuse of the referral system may result in the deduction of fraudulent bids awarded and/or the termination of Your account in Mazzady's sole discretion. The number of Mazzady Bonus Gems rewarded and the associated criteria are subject to each specific referral campaign, prepared and communicated by Mazzady’s team through Mazzady’s communication channels.
Account Termination, Suspension and Remedies
Mazzady reserves the right to temporarily or permanently terminate Your account at Mazzady sole discretion if it determines or suspects You are abusing or in breach of any of these Terms & Conditions, any laws, or have violated the rights of our other users or any other third parties. Examples of unauthorised usage include, but are not limited to, the use of unauthorised third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behaviour. You agree that if Mazzady, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Mazzady may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for placed Bids.
We may terminate all or any part of the Services provided on the Platform without prior notice in cases where:
In the above cases, We shall not be held liable for any damages incurred by You, if:
In addition to any rights and remedies we may have under this Agreement or applicable law, upon the occurrence and during the continuance of any default in Your payment of any fees, expenses, costs, losses, liabilities or other obligations owing to us (collectively, the “Obligations”), You hereby authorise us at any time and from time to time, without prior notice to You or consent from You, any such notice or consent being waived by You to the fullest extent permitted by applicable law, to set off and apply any and all collateral, as may be legally permitted, at any time held by us to or for the credit of You or Your Account against any and all Obligations owing to us under this Agreement, under any other agreement or otherwise, now or hereafter existing, irrespective of whether or not we shall have made demand under this Agreement or any other agreement and although such Obligations may be contingent or unmatured or denominated in a currency or virtual currency different from that of the Collateral.
You may not participate in collusion with other users. Mazzady reserves the right to permanently close the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be entitled to refunds for Your purchases on Mazzady.
We shall use third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments for purchases made through the Service, including, for example, purchases of Mazzady Gems. Payment methods shall depend on Your jurisdiction and shall be published on our website.
You agree and understand that Mazzady is not a bank, payment or financial institution and no interest will be paid on the funds, Mazzady Gems or any other of Your assets held within Mazzady.
Mazzady will provide You with the option to pay with virtual currencies, through the engagement of a third-party services provider.
When You are paying with virtual currencies, please note the following:
WE DO NOT OFFER ANY PROCESSING SERVICE NOR ANY VIRTUAL CURRENCY WALLET SERVICES,
We do not endorse or recommend any particular virtual currency, digital asset or transaction.
The risk of loss in using and/or holding virtual currencies can be substantial. Therefore, You should carefully evaluate whether You can bear the risk of using and/or holding virtual currencies and whether it is suitable for You.
The virtual currencies supported by our partners may be changed at any time. The payment / wallet services providers follow their own KYC and AML polices, to which You shall abide.
You shall be liable for all fees and charges which may be imposed by any bank, financial institution and or PSP provider, in relation to any and all of the Services.
PLEASE NOTE THAT MONEY / ASSETS SPENT ON MAZZADY GEMS MAY NOT BE REFUNDED.
Mazzady Gem Purchases / Bidding / Auto-Bid
Your participation within the Mazzady Competitions and the use of any Services shall be made through the use of Mazzady Gems. Mazzady Gems are internal tokens, purchased, initially in the form of "Gems Packages." Mazzady reserves the right to offer different size and value of the Gem Packages, and Mazzady Gems at different times. Should You not honour a payment, You will be charged a returned payment fee. Mazzady reserves the right to block access to a user's account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received.
From time to time, Mazzady Bonus Gems may be offered as an incentive to purchase larger Gem Packages. Mazzady Bonus Gems are valid for use in any Competition advertised on the platform. Mazzady Bonus Gems have no monetary value and are not exchangeable for cash.
Competitors can demonstrate their interest in a particular product advertised by participating in the Boosting stage of the Competition. To participate You are required to manually click on a Competition’s “Boost” button.
From time to time Mazzady Advantage Gems may be given away. Mazzady Advantage Gems will be distributed only during the Boosting phase and will amount to a percentage of the Mazzady Gems placed during the Boosting. Mazzady Advantage Gems are only valid for use in the specific Competition in which they have been offered. Mazzady Advantage Gems have no monetary value and are not exchangeable for cash.
Competing in Live Auction
You can place Bids in the second stage of the Competition in two ways: (1) manually by clicking a Competition’s "Bid" button and/or (2) by using the Auto-Bid function. Auto-Bid is an automated feature which lets You participate in a Competition even when You are not online or logged in. Auto-Bid automatically places bids according to Your instructions. You can read more about how the Auto-Bid operates in the "Help" section.
Once a Bid is placed in a Competition, the respective number of Mazzady Gems are deducted from the user's Mazzady Gem account and can no longer be refunded therein, irrespective of whether or not the Bid is successful.
You agree that pending Auto-bids may be executed at a price different from the specified one or may not be placed at all in case of any interruption of the connection or failure of the means of communication
Once the Competition is in the live auction stage, the countdown timer will be activated. With each bid placed the countdown timer will be reset and the number of Mazzady Gems equating to one Bid will be deducted from Your account. This amount can vary between Competitions but will be clearly displayed in the description. A Competition ends when the timer on the Mazzady server(s) hits zero. The winner of a Competition is the last bidder the database recorded before the timer on the Mazzady server(s) hit zero.
Mazzady Gems are a limited license to participate in Mazzady Competitions and have no monetary value outside the Mazzady platform. You may not obtain any money in exchange for Mazzady Gems. However, Mazzady has a limited return policy with respect to purchased Gems Packages. For thirty days after purchasing Gem Package, You have the right to a full refund for the purchase price of the unused Gems remaining in the Gem Package. Any Bonus Gems are not eligible for a refund. To the extent there are unused Mazzady Gems in Your account, and there has been no activity for two years, You will be charged an inactivity fee of five (5) Mazzady Gems per month for each inactive Gem Package on the last in first out. All Mazzady Gems expire after three years of inactivity. Once we delete Mazzady Gems, we will not reinstate them, except at our discretion.
When You place Bids during the Boosting phase of a Competition, the first Mazzady Gems used will be Mazzady Gems from the Gem Packages, starting with the Mazzady Gems that are going to expire the soonest. After all Mazzady Gems from Gem Packages are exhausted, Mazzady Bonus Gems will be used, starting with the Mazzady Bonus Gems that are closest to expiring.
When You place Bids during the live auction phase of the Competition, the first Gems used will be Mazzady Advantage Gems earned from participating in the Boosting phase, followed by Mazzady Gems from the Gem Packages, starting with the Mazzady Gems that are going to expire the soonest. After all Mazzady Gems from Gem Packages are exhausted, Mazzady Bonus Gems (acquired from purchasing Gem Packages) will be used, starting with the Mazzady Bonus Gems that are closest to expiring. At Mazzady’s sole discretion, You may be given an opportunity to select which type of Mazzady Gems to use on a Competition.
If You ever believe that Your account does not reflect Mazzady Gems that You have acquired validly, You must immediately notify us within six months of the date You claim to have acquired the Mazzady Gems.
If You did not win a Competition, You may still purchase the item at our Value Price (shown at the beginning of each Competition) using the Buy Now feature.
Mazzady reserves the right to, from time to time, in its sole discretion, change the price of Mazzady Gems.
Mazzady has a feature called "Locked Competitions". At some point during each Competition, at Mazzady’s sole discretion, the Competition may be locked and customers who have not participated in the Competition will not be allowed to do so. Also, customers who have not participated in the Competition within a certain period of time or have not placed a minimum number of Bids, as determined by Mazzady’s sole discretion, will be prevented from participating further. Customers who have been "locked out" will still be allowed to utilise the Buy Now feature.
If a Manifest error in a specific bid/Competition is found, We shall be entitled at our discretion to cancel the Bids You have made and the relevant consequences – in terms of either a profit or a loss for You – immediately upon detection of such Manifest error. We shall not be liable for any damages or consequential loss incurred by You as a result of such cancellation. By signing the Agreement, You acknowledge that We may stop providing Mazzady Gems / Bids / Competitions / Items at certain times if there are temporary technical difficulties or circumstances that make it impossible to carry out transactions with a given supplier or with respect to given items. In this case, We shall not be liable for any damages incurred by You.
Mazzady Gems shall only be used within the Mazzady platform. No one outside the platform should be allowed to trade or hold in any way with Mazzady Gems (or any other Mazzady issued asset);
Mazzady Gems shall only have value and may only be used to buy products and services within the Mazzady platform;
Every Competition is unique and the results of all Competitions offered on Mazzady depend on the user’s obedience of the rules, the number of users participating in such Competitions, the skill of the users participating in the Competitions etc. ; precise odds, chances or percentages of winning are therefore unavailable.
Acceptance of the Win / Payment
After a Competition has ended, You must actively confirm and pay the total price for the won Competition. Once You have clicked on the confirmation button the win is accepted. If a Competition win has not been confirmed and paid within three (3) days of the end date, Mazzady may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If Mazzady does this, all Mazzady Gems placed in that Competition will still be deemed expired and will be non-refundable, as in a usual Competition. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price has been paid to Mazzady. An invoice containing the final price and shipping costs will be sent to You by Mazzady once delivery has been arranged.
Alternative settlement of a Win
Under some circumstances, it may not be possible for Mazzady to provide or deliver the won item(s) to You. This may occur, for example, where the You reside in a location where the product(s) is not available, legally restricted, or does not meet local technical specification, or where taxes and duties cause the total product cost to be significantly different to the displayed reccomended retail price. In such cases, and at the sole discretion of Mazzady, We may offer an alternative product of equal value, or a cash settlement of eighty percent of the displayed recommended retail price.
Any special promotions run by Mazzady shall only be valid if they are announced on the Mazzady website or through one of its official communication channels, such as the Mazzady blog, Facebook page, Instagram profile, Twitter page, newsletter or SMS. Certain promotions may only be valid for a limited time, with details being specified through the aforementioned distribution channels. Once the advertised time limit of any promotion has been reached, or the relevant Competition or Competitions have ended, the promotion is also finished.
By accepting these Terms, You consent to the displaying of advertising content within the Webpage. We reserve the right to choose our advertisers and the content to be displayed without providing any warranties or recommendations for the services or products that are advertised by third-parties on the Webpage. Furthermore, we are not а party to Your legal relations with any of the advertising third – parties on the Webpage. In this regard, we encourage You to personally research the advertised products or services and We do not bear any liability for damages or losses that might be caused by the use of such.
Reviews and Comments
You may post reviews and/or comments, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise inappropriate or injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam" or illegal content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content You post. Mazzady reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Mazzady also reserves the right to prohibit You from posting additional comments.
If You do post content, and unless we indicate otherwise, You grant Mazzady a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mazzady and its affiliates the right to use the name that You submit in connection with such content. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury, harm nor damage to any person or entity; and that You will indemnify Mazzady for all claims resulting from content You supply. Mazzady has the right but not the obligation to monitor and edit or remove any activity or content. Mazzady takes no responsibility and assumes no liability for any content posted by a user.
Returns / Cancellations
Mazzady allows customers the right to cancel or return an order in accordance with Mazzady Returns Policy, which Mazzady may change from time to time in Mazzady sole discretion. If You cancel an order before it is processed, You will be entitled to a refund of the transaction amount (including shipping costs if no items have been shipped) You have paid even if the goods are not defective in any way. Mazzady Gems placed on the Competition are not eligible for a refund.
Some exceptions may apply. If an exception does apply, it will be noted on the product page. Exclusions include any Mazzady Bonus Gems. If You are found to be in bad standing due to fraudulent behaviour, excessive refund requests, or other such behaviour, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund.
If You wish to return or cancel an order, please contact us at firstname.lastname@example.org.
In order to complete a return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You unless the reason for the return is Mazzady’s error. Mazzady will not accept a return if You are unable to return the product received or are only able to return it in part or in a damaged or used condition. Mazzady reserves the right, in its sole discretion, to charge a restocking fee equal to 10% of the value of the item.
Should Mazzady incur additional costs for insufficient postage on the return, these costs will be deducted from the refund amount Mazzady will remit to You.
Should Mazzady not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by Mazzady in its sole discretion, or receive a refund of the transaction amount paid (including shipping costs, if any). Any Gems used in that specific Competition will also be credited back to Your account.
The provision of the Services is targeted solely to UAE residents and within the territory of the UAE.
Unless otherwise stated, delivery will be made directly from our supplier or from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. Mazzady shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to Mazzady upon receipt.
Mazzady reserves the right, in its sole discretion, to refuse shipment to outlying islands and territories. If You are a resident of an outlying island or territory and Mazzady determines Your purchases cannot be shipped, Mazzady will refund the purchase price of the items, including Mazzady Gems placed on those items.
You will be responsible for the payment of the any fees, charges, customs fees, VAT and any other charges that may apply to and are related to the import and delivery of the goods You have bought through the Competition.
We may restrict and/or inform You that some Items may not be delivered to You due to: any local (Your’s) jurisdiction restrictions or in case such delivery would carry extraordinary taxes and or duties that would make it economically unviable to deliver to You.
Withholding Payment / Retention of Title
You agree that the item delivered shall remain property of the Supplier until Mazzady / or the Supplier receives payment in full, including shipping costs and Mazzady Gems used in the Competition.
Disclaimer of Warranty and Liability Regarding Use of Mazzady
You agree that use of Mazzady is at Your sole risk. Neither Mazzady nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Mazzady, or the like, warrant and may not be held responsible that Websites and Services offered by or affiliated with Mazzady, including, but not limited to, Mazzady, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, Items and services published on Mazzady may contain inaccuracies or typographical errors. Mazzady makes no warranty as to the results that may be obtained from the use of Mazzadyor as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Mazzady. Mazzady shall not be responsible for any opinions, views, advice, or statements posted on Mazzady (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Mazzady spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized Mazzady spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF MAZZADY IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY MΛZZΛDY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MAZZADY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MAZZADY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MAZZADY, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF MAZZADY, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE ITEMS, ANYE-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, MAZZADY DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAZZADY Y WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM MAZZADY OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT MAZZADY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH MAZZADY.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON MAZZADY SERVICES OR ITEMS PURCHASED THROUGH MΛZZΛDY, FROM INABILITY TO USE MAZZADY'`S SERVICES OR ITEMS PURCHASED THROUGH MΛZZΛDY, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MAZZADY'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ARE SOLELY RESPONSIBLE FOR YOUR PUBLIC PROFILE AND FOR ANY INFORMATION YOU HAVE MADE PUBLIC OR SHARED WITH OUR USERS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION.
Please note that we do not make any representation and we do not provide any warranty with respect to any of the items sold on our platform. Even if an Item is being sold by Us, You hereby understand and agree that we are not the manufacturer of any such Item and that any warranty and after sale services may be sought from the manufacturer, but not from Mazzady.
If You are dissatisfied with any portion of Mazzady, You should discontinue Your use of Mazzady.
LIMITED USER LICENCE
Under the conditions of You being eligible to be a Party to and accepting these Terms, You are granted a limited, revocable, non-exclusive, non-transferable, licence to access the Webpage and use it for personal or commercial purposes only on an “AS IS” basis and in a strict compliance with these Terms. Except as expressly provided in these Terms, no part of the Intellectual Property protected by Intellectual Property Rights may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Webpage; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Webpage; (3) violate any applicable laws, rules, or regulations in connection with Your access or use of the Webpage; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Mazzady; (5) use the Webpage for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended to be used for; (6) make the Webpage available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Webpage for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Webpage; (8) use the Webpage to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Webpage.
Disclaimer of Warranty and Liability Regarding Purchases from Mazzady
MAZZADY hereby disclaims any and all liability from claims arising from any and all the Items offered from on the MAZZADY site. As a way of example, but without any limitation of the scope of such disclaimer, MAZZADY will not be liable for any damages or injuries, whether physical or emotional, that occur or are received during a trip purchased on the MAZZADY site and MAZZADY is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the MAZZADY site, this example disclaimer shall apply muttatis muttandi to all Items sold on the MAZZADY Platform.
All new products are sold with the manufacturer's limited warranty only. MAZZADY warrants solely that the products sold to You under these terms shall have the characteristics specified in MAZZADY’S specifications for such products as set forth in the description of each Competition and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to MAZZADY. Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, MAZZADY MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY MAZZADY OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT MAZZADY SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE ITEMS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY MAZZADY. IN NO EVENT SHALL MAZZADY BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
You agree to indemnify, defend, and hold Mazzady and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Mazzady or any of the Services offered by Mazzady, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
System Outage / Temporarily Paused Competitions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, Competitions will be temporarily paused and the remaining time for the Competitions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the Competitions will be continued and ten minutes will be added to the remaining times for the Competitions. Temporarily paused Competitions are clearly indicated. Mazzady Gems placed on a temporarily paused Competition will be credited back to Your account; however, Mazzady is not responsible for any other costs incurred by You due to a system outage. Mazzady reserves the right to cancel Competitions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason. In such cases, all bids placed will be refunded to participants.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Mazzady, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. Mazzady shall not be liable for any damage incurred by Competition users or third parties from using Mazzady's services. In particular, Mazzady shall not be liable for damage that occurs due to bids not being received by Mazzady, not being received promptly, or not being considered as a consequence of technical errors.
Mazzady’s logos are trademarks of Mazzady. All rights reserved. Any trademarks appearing on Mazzady are the property of their respective owners.
We retain any and all registered or not registered proprietary or limited rights over any intellectual property related to the all Mazzady webpages and the Services, including all source code, databases, functionalities, software, designs, industrial designs, audio, video, text, visuals trademarks, service marks, and logos contained therein, any patents (“Intellectual Property”) and rights deriving therefrom are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in any jurisdiction or under international conventions (‘Intellectual Property Rights’).
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Mazzady should be made directly to the manufacturer in accordance with their Terms & Conditions.
Electronic communications, Transactions, and Signatures
Visiting our Webpage, sending Us emails, Submissions, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email, in the Webpage, satisfy any legal requirement to qualify such communication to be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, BIDS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBPAGE OR EMAIL. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Any disputes shall be settled amicably and in good faith between the Parties.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms (each a "Dispute" and collectively, “Disputes”), any Dispute brought by either You or Us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration unless compulsory statutory provisions at the place of residence of the User prohibit such dispute resolution methods. YOU UNDERSTAND THAT ONLY IF EXPLICITLY PROHIBITED BY THE LAW OF THE COUNTRY WHERE YOU RESIDE YOU WILL BE ENTITLED TO SUE IN COURT. The arbitration shall be commenced and conducted under the Rules of the courts of Dubai.
Applicable Law / Dispute Resolution / Severability Clause
This Terms & Conditions Agreement and Your use of Mazzady shall be governed by the laws of the United Arab Emirates and the Emirate of Dubai.
Those who choose to access the Services from outside the UAE do so on their own initiative and are responsible for compliance with local laws.
Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a court sitting in Dubai. You agree to accept the jurisdiction of such courts. Mazzady will follow all applicable laws for the sale of Gem packages and goods in the countries in which it operates.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If You open an account or participate in Competitions offered by Mazzady while located in a Prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Mazzady cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.
Finally, some jurisdiction may impose additional taxes, fees, charges, additional registrational requirements, restrictions or even ban the sale, delivery or use of Your Item. You acknowledge, understand and agree that You and You alone will be responsible to verify if such taxes, fees, charges, additional registrational requirements, restrictions or bans apply to Your Item or/and in Your jurisdiction.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites. The Webpage may contain (or You may be sent via e-mail) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through the Webpage or any Third-Party Content posted on, available through, or installed from the Webpage, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Placing bids online at www.mazzady.com frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly.
Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Mazzady by You must be given in writing by hand delivery in return for a receipt, sent certified or registered mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to Signature Technology DMCC, Office 1101, Swiss Tower, Cluster Y, Jumeirah Lake Towers, Dubai, UAE, or by email to email@example.com.
version 1.1 September 2019