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Terms & Conditions

Terms and Conditions

  1.  Introduction
    Welcome to Mamoda.com. These are the terms and conditions governing your access to and use of the website Mamoda.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with IDEAZCap LLC, owner of Mamdoa.com,("we", "us" or "Mamoda.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. 
    Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Mamoda.com's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Mamoda.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement. 

  2.  Eligibility for Membership
    Mamoda.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable material. 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 Mamoda.com under this User Agreement or at law, Mamoda.com reserves the right to limit or withdraw access to the Site or the membership of any person if Mamoda.com 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 The Site is not available to persons whose membership has been suspended or withdrawn by Mamoda.com. 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. 

  3.  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 Mamoda.com of any unauthorized use of your password or account or any other breach of security. In no event will Mamoda.com 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 Mamoda.com for any improper, unauthorized 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 authorized such access.

    • You will provide true, accurate, current and complete information about yourself as prompted by Mamoda.com's registration form (the "Registration Data").

    • You will not include: 
      (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "mamoda" in your registration user ID.

    • You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Site) by Mamoda.com or any other user as confidential.

    • 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 Mamoda.com 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 Mamoda.com under this User Agreement or at law, Mamoda.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

Mamoda.com 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 Mamoda.com upon such requests. You acknowledge and agree that if you do not, Mamoda.com 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. 

  1.  Electronic Communications
    You agree that we may communicate with you by email or by posting notices on the Site or via phone. 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. Mamoda.com 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. 

  2.  Amendments to this User Agreement
    You acknowledge and agree that Mamoda.com shall endeavor 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 Mamoda.com 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. 

  3.  Fees and Services
    Mamoda.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between Mamoda and buyers. 
    Membership on the Site is free. Mamoda.com does not charge any fee for browsing and buying listed items on the Site
    Mamoda.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site. 
    Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Mamoda.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Mamoda.com with a valid payment method as set out in our Fees & Credit Policy. 
    In case of non-payment of fees and/or any applicable taxes and charges by you to Mamoda.com, without prejudice to any other rights and remedies of Mamoda.com under this User Agreement or at law, Mamoda.com without liability reserves the right to:

    • issue you with a warning regarding the non-payment in question.

    • temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of Mamoda.com issuing a warning to you.

    • Mamoda.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to Mamoda.com

    • invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time). 

    • take any steps Mamoda.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.

  4.  Your Information
    You grant Mamoda.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information. 

  5.  Use of the Site
    While using the Site, you will not:

    • Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Egypt. 

    • If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

    • The cardholder must retain a copy of transaction records and Merchant policies and rules.

    • We accept payments online using Visa and MasterCard credit/debit card in EGP

    • Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

    • Egypt is our country of domicile.

    • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

    • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;

    • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

    • interfere or attempt to interfere with the proper working of the Site;

    • attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;

    • copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way

  •  Copyright
    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 Mamoda.com, its users, its content suppliers or its licensors 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 Mamoda.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws. 

  •  Trademarks
    "Mamoda.com" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Mamoda.com and are protected by international trademark and other intellectual property rights and laws. Mamoda.com's trademarks may not be used in relation to any product or service that is not Mamoda.com's nor in any manner that disparages or discredits Mamoda.com. All other trademarks not owned by Mamoda.com 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 Mamoda.com. 

  •  Abusing Mamoda.com
    Please report problems of any kind or violations of this User Agreement to Mamoda.com. If you believe that your intellectual property rights have been violated, please notify Mamoda.com. Without prejudice to any other rights and remedies of Mamoda.com under this User Agreement or at law, Mamoda.com 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 Mamoda.com 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. 

  •  Fraud
    Mamoda.com will investigate the matter and if it has been determined (by Mamoda.com in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which Mamoda.com has reimbursed the buyer, Mamoda.com may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and Mamoda.com may charge the seller for Mamoda.com's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . Mamoda.com reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to Mamoda.com by a buyer is illegal or otherwise unlawful that Mamoda.com may in its sole discretion destroy the item or take any other steps as it considers necessary. 
    Shipping fees for returned Items :

    • Return item due to Seller's Fault (Item is not as described – item defective ... etc.) 

      1. If the buyer claimed Within the 15 Days of the date of delivery 
        -Mamoda pays the Delivery Shipment Fees
        -Seller Pays the Return Shipment Fees 
        -In case the submitted return request by customer is not approved by Mamoda and the customer rejected to receive back the unit, Mamoda has the right after 60 days from customer’s rejection date to dispose the item.

      2. If the buyer claimed after the 15 Days of the date of delivery ( *Only if returned approved )
        -Buyer pays the Delivery Shipment Fees
        -Seller Pays the Return Shipment Fees
        -In case the submitted return request by customer is not approved by Mamoda and the customer rejected to receive back the unit, Mamoda has the right after 60 days from customer’s rejection date to dispose the item.

    1. Return item due to Buyer's Fault (* Item in the original state & condition when purchased and received.)  

      1. If the buyer claimed within the 15 Days of the date of delivery.
        -Mamoda pays the Delivery Shipment Fees
        -Mamoda Pays the Return Shipment Fees

      2. If the buyer claimed after the 15 Days of the date of delivery (* Only if returned approved )
        -Buyer pays the Delivery Shipment Fees
        -Buyer Pays the Return Shipment Fees

  1.  Platform for Communication
    The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. Mamoda.com does not buy or sell items. Mamoda.com is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold Mamoda.com responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:

    • Mamoda.com is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with Mamoda.com nor shall Mamoda.com have any obligations or liabilities in respect of such item or the contract between the buyer and seller.

    • Mamoda.com is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.

    • Mamoda.com is not required to mediate or resolve any dispute or disagreement between users.

    • Mamoda.com has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.

    • Mamoda.com does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, Mamoda.com does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is Mamoda.com a supplier or manufacturer of any items sold by users or purchased by users.

    • Mamoda.com does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.

    • The Site may include links to third party websites that are controlled by and maintained by others. Mamoda.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Mamoda.com is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.

    • Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and Mamoda.com holds no responsibility in respect of such arrangements.

    • Mamoda.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

    • Mamoda.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.

    • You release and indemnify Mamoda.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.

  2.  Undeliverable Items
    Mamoda.com and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Seller's goods/Items within sixty (60) days after receipt by the Courier Company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to Mamoda.com to destroy and/or liquidated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to Mamoda.com. Furthermore, Mamoda.com is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller. 

  3.  Privacy
    Mamoda.com takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Mamoda.com has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that Mamoda.com may process your personal information that you provide to it for the purposes of providing the services on Mamoda.com and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information. 

  4.  Breach of User Agreement
    Without prejudice to any other rights and remedies of Mamoda.com under this User Agreement or at law or otherwise, Mamoda.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:

    • If you breach this User Agreement;

    • If Mamoda.com is unable to verify or authenticate any information you provide; or

    • If Mamoda.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or Mamoda.com.

Mamoda.com 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 Mamoda.com or use the Site in any manner whatsoever until such time that such user is reinstated by Mamoda.com. Notwithstanding the foregoing, if you breach this User Agreement Mamoda.com reserves the right to recover any amounts due and owing by you to Mamoda.com or any losses and damages caused by you to Mamoda.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Mamoda.com 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 Mamoda.com's right to take any actions with respect to that, or subsequent or similar breaches. Mamoda.com does not guarantee that it will take action against all breaches that there may be of this User Agreement. 

  1.  Providing Feedback
    Mamoda.com 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. Mamoda.com 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 Mamoda.com under this User Agreement or at law, Mamoda.com 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 Mamoda.com, and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your Mamoda.com feedback rating in any venue other than on the Site. Mamoda.com 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. 

  2.  Withdrawal of Access and/or Membership
    Without prejudice to any other rights and remedies of Mamoda.com under this User Agreement or at law or otherwise, Mamoda.com 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. 

  3.  No Warranty
    Mamoda.com 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. Mamoda.com 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. Mamoda.com 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 Mamoda.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk. 

  4.  Limitation of Liabilities
    To the extent permitted by law, Mamoda.com, 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 Mamoda.com 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 Mamoda.com and Mamoda.com shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement. 

  5.  Indemnity
    You agree to indemnify and hold Mamoda.com 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. 

  6.  Relationship and Notice
    None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Mamoda.com and you shall have no authority to bind Mamoda.com in any manner whatsoever. 
    Except as explicitly stated otherwise, any notices to Mamoda.com from you shall be given by you by email to Mamoda.com at legal@Mamoda.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Mamoda.com by return email. Any notices to you from Mamoda.com 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. 

  7.  Disputes
    If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. 
    In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre, which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the DIFC court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the DIFC Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Mamoda.com to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Mamoda.com shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so. 

  8.  Transfer of Rights and Obligations
    You hereby grant Mamoda.com the right to, and irrevocably acknowledge and agree that Mamoda.com 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. Mamoda.com 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 Mamoda.com, 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 Mamoda.com. 

  9.  General
    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 Mamoda.com 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.