Terms and Conditions

Terms and Conditions

These terms and conditions will govern your access to www.aflatoons.com (hereby referred as Aflatoons, we, our, us) or use of its application (App) to buy or sell products through a unique bidding process or enjoy social media and related services (The Services) being offered or made available on this website. Please carefully review these terms and conditions before accessing the website, creating an account, listing/offering your products, participating in the bidding process, or using any feature or service being offered on the website/app. If you do not agree, you may not use the Services.

Agreement

All users on this website/app, including the sellers and guest visitors on this platform, shall enter a binding agreement with Aflatoons for buying and selling products or using social media and related services being offered or made available on this online marketplace. Clicking I Agree or related syntaxes on any part of the website or interface of your device shall be deemed as your explicit consent to enter a binding agreement with Aflatoons, consisting of these terms and conditions.

When you enter this agreement, it shall be deemed that you are legally mature and otherwise qualified to enter a legally binding agreement in your jurisdiction, and if you are not, using the App/Services under the guidance and supervision of your legal guardian who has given his or her consent to enter this agreement on your behalf. All activities without entering this agreement shall be deemed as unauthorized access.

Aflatoonsshall be entitled to determine the process and procedures for using any feature or service being offered or made available on its platform, including but not limited to the rules for listing products on the marketplace, purchasing coupons, participating in the draw/bidding process, and delivering products to the successful bidder/winner. All these rules, regulations, and procedures for using the App/Services are being incorporated into this agreement.

Aflatoons shall be entitled to restrict any part, feature, or service on the website/app for paid subscribers or users who meet specific criteria or conditions for using the Services. These conditions may differ across regions/countries and we may refuse, limit, or create a different level of access to the Services in our sole discretion. It shall be your responsibility to ensure that you can access the website/app or use this online marketplace in your jurisdiction without violating any local, state or federal laws.

Aflatoons shall be entitled to change, modify, impose conditions, suspend, or permanently discontinue any feature or service on the website/app without giving a prior notice.

Aflatoons may monitor your activities on this website/app, but shall have no such obligations. If we find out that you are involved in any kinds of unauthorized or unlawful activities, we may immediately suspend or terminate your account and disclose any information, record, personal identity, communication, or content to the relevant authorities in our sole discretion.

Please acknowledge and consent that Aflatoons shall never be a party to your social or business relationship with the respective buyers or sellers on the marketplace. We are not responsible for the delivery of listed products or any defects, delays, or non-performance related to your purchase.

However, we reserve a right to cancel any deal or sale on this marketplace and refund the coupons to the respective buyers in our sole discretion.

Copyrights and Trademarks

The website, its App and content, including but not restricted to texts, images, graphics, videos, descriptions, presentations, logos, icons, page headers, services, service names, trademarks, service marks and contained intellectual properties are exclusively owned by Aflatoons, fully protected under the copyrights and trademarks laws of United Arab Emirates. Copyright © 2018Aflatoons. All rights reserved.

You are not allowed to systematically copy, extract, or reproduce any content, database, or compilation from this website, in any form or manner, or do anything that amounts to commercial exploitation of its online marketplace and other resources being made available on the website/app, including but not limited to selling, leasing, republishing, redistributing, or creating similar services without obtaining a prior written consent from Aflatoons.

You should always respect the trademarks, service marks, and other proprietary rights of Aflatoons andrefrain from modifying, altering, removing or disparaging the copyright information from the accessed/downloaded content.

Registration

Access to this online marketplace shall be voluntary, but you may be required to register on the website/app and create an account for using the Services. This account creation process may require you to submit your name, contact number, email address, location, credit card details and other information related to your personal, business, or demographic profile. Any information collected on the website/app will be handled according to our Privacy Policy, which shall be deemed as a part of this agreement.

Aflatoons may require the sellers to purchase a subscription plan for listing their products on its platform. We may offer different levels of paid subscriptions and allow the sellers to upgrade their subscription plan at any time, but no prorating shall be allowed for unused subscription periods at the time of any such upgrade or downgrade.

It shall be your responsibility to keep your login information secure and confidential. You shall be liable for all activities that may take place under your account/credentials.Once the draw is complete, it shall be your responsibility to communicate with the respective buyer/seller through the integrated chat sessions and confirm everything, including but not restricted to the shipping address or delivery schedulerelated to your sale or purchase of the listed/offered product.

Pricing and Payment

All product listings, prices, fees, commissions, advertisements, and exclusive offers on this marketplace are subject to change at any time. The participating sellers shall be entitled to edit, modify, remove, or draw their product listings/offersat any time, regardless of the number of participating bidders.

Please acknowledge and consent that Aflatoons may charge a certain fee or commission from the sellers, as determined by it, for each successful sale on the marketplace. The applicable fee (30 percent of the sale proceeds) will be automatically deducted from the winning coupon price before transferring the sale proceeds to the respective seller.

The offer price shall be inclusive of all the applicable taxes and duties. The sellers shall be liable to deduct and pay all taxes, duties, levies, surcharges, customs, shipping, handling, or additional expenses that may be involved in the sale of listed/offered product.

Aflatoons may add or remove any payment instrument on the website/app in its sole discretion. We hold a good faith that users on this platform will never use any stolen or unauthorized payment instruments to buy coupons and participate in the bidding process. Aflatoons reserves a right to collaborate with any third party payment processor, credit screening service or e-commerce solution providerfor verifying the transaction on the website/app. Aflatoons shall be entitled to refuse any payment instrument or transaction in its sole discretion.

It shall be your responsibility to ensure that you are fully authorized to use your payment instrument and it has sufficient funds for buying the coupons. Aflatoons shall not be liable for any fees, charges or penalties imposed bank for insufficient funds, over the credit limits, or service charges in relation to your transactions on the website/app.

The participating sellers shall be responsible to provide/link an authentic and valid bank account or active PayPal subscription to their user account on the website/app, failing which Aflatoons shall not be liable for any delays or non-payment of their sale proceeds. The sellers shall ensure that they are legally entitled to receive funds in their linked bank or PayPal account.

Once the listed/offered product is finally delivered and the successful bidder/winner confirms the delivery, your sale proceeds will be automatically credited to thelinked bank or active PayPal account after deducting 30 percent of the sale proceed as our service fee.

If any seller fails to deliver the offered product/s to the successful bidder/winner within the stipulated timeframe, Aflatoons may cancel the deal/sale and refund the coupons to the respective bidder’s account, which can be used for participating in the bidding process of other products listed/offered on the website/app. The coupons of unsuccessful bidders will also be refunded to their respective accounts.

Seller’s Obligations

When you publish any product to sell on this platform, it shall be your responsibility to ensure that:

  • You are fully authorized to sell and retain all the necessary licenses/permissions that may be required to post, publish, or submit any information, specification, product description, or related content on this website.
  • Your submitted content, including but not limited to product descriptions, specifications, and related information is not likely to infringe any copyright, intellectual property, trademarks, service marks, trade secrets, or other proprietary rights of third parties.
  • Your submitted content, including but not limited to images, product descriptions, and specifications don’tinclude your name, contact number, email address, website link, or any other information that may induce your potential customers to directly contact you. You shall have no rights to list your products on the website/app and conduct business outside this platform.
  • You have the ownership or control the rights to sell, trade, distribute, export, or make offers as mentioned in your product listings, and such offers to sell the listed products through a draw or bidding process are not likely to violate any third party rights.
  • Your business entity or any of your affiliates are not subject to restrictions/embargoes for being listed in any governmental list of prohibited parties or entitiesfor committing fraud or being located in any restricted jurisdiction.
  • The listed product is adequately packaged and delivered to the successful bidder/winner within 30 days from the draw date. If the seller is unable to deliver the product within the stipulated delivery period, it shall be his responsibility to inform Aflatoons and explain the reasons of any such delay to the respective winner.

Any non-performance of this section, failure to extend reasonable support to clients, or non-cooperation with Alatoons may result in a suspension or termination of the Services on your account. You shall have no rights to claim any compensation for any such suspension or termination of the Services on your account.

Termination of this agreement

Aflatoonsshall be entitled to suspend or terminate your account in its sole discretion. You may also deactivate your account at any time. However, any such deactivation of your account or termination of this agreement will have no effecton your pending obligations under this agreement.

If this agreement is terminated, all your product listings and shared content will be permanently removed from the platform. No claims, refunds or compensation shall be admissible on the grounds that your account was terminated without any prior notice.

Indemnification

You shall indemnify Aflatoons and hold its parent, partners, subsidiaries,service providers, executives, and employees harmless from all claims, liabilities, damages, legal actions, proceedings, costs, or expenses, including but not restricted to the legal costs and administrative expenses that may arise in relation to:

  • Your access to the website, product listings/offers, or use of any feature or service being offered or made available on the website/app.
  • Your purchase of coupons, participation in the bidding process, or reliance on any content, including but not limited to views, reviews, testimonials, suggestions, recommendations, specifications, or other information related to any product being featured or made available on this website/app.
  • Your non-compliance with the applicable laws or breach of your warranties, undertakings, representations, covenants, or obligations under this agreement.
  • Your infringements of third party rights, including their copyrights, intellectual property, or rightsof privacy or publicity.
  • Your submissions on this website/app, including but not restricted to any offensive, defamatory, or otherwise objectionable content posted or shared through the app.
  • Any liabilities or expenses incurred byAflatoons in relation to your acts and omissions on the website/app, including but not limited to fraud, misrepresentation, or unauthorized use of the Services.

This section shall survive any termination of this agreement. Aflatoons shall retain a discretionary right to assume exclusive defense of any subject matter under your indemnification and receive full reimbursement of expenses incurred in asserting available defenses or rectifying the damages.

Disclaimer of Warranties

We disclaim all warranties and undertakings to the maximum extent permissible under the applicable laws governing this agreement. The Services, including but not restricted to product offers, promotional services, and social media on this website/app are being offered As-Is and As-Available basis. You shall use the Services at your sole risk and discretion.

Nothing on the website/app, including but not restricted to written or oral communications with our support staff shall create any kinds of express or implied warranties of quality, reliability, durability, availability, merchantability, authenticity, performance, flawless working, fitness for particular purpose, or suitability of the products being featured on this website/app.

We do not claim that the listed products and their descriptions, specifications, or related views, reviews, suggestions, recommendations, information and other content on the website/app will be accurate, authentic, reliable, correct, complete, relevant, valid, or available as per your needs, preferences, or expectations.

We do not claim that the content on the website/app will be free from harmful viruses, malicious codes, errors, omissions, infringements, or interruptions and all such occurrences will be restored immediately or promptly.

We hereby disclaim all such warranties and representations. Aflatoons shall never be a party to your social or business relationship with other users on the website/app. Publishing third-party logos, trademarks, or service marks on the website/app shall never be deemed as our endorsement for their products or services.

Limitation of Liabilities

Aflatoons shall not be liable for any direct, indirect, incidental, consequential, punitive or special damages, including but not restricted to any loss of potential or actual business, revenue, goodwill, credibility, peace of mind and other tangible or intangible losses that may arise in relation to (1) your ability or inability to access the website/app or use the Services being made available on it, (2) your product listings or use of related features to promote your products on the website/app, (3) purchase of coupons, participation in the bidding process or use of any product being featured on the website/app, (4) escalated cost of purchasing any substitute product being listed on this website/app, (5) allergy, health issues, or any damage to person or property due to defects in the products, specifications, description, or other information being provided on the website/app, (6) unauthorized access to your account, or misuse of your identity or information on this website/app, (7) acts and omissions of other users, service providers, sellers, or other third parties, including but not restricted to any infringement of third party rights or claims by such independent entities that they are entitled to any kinds of indemnification against asserted rights, claims or demands by third party claimants, (8) any disruption, interruption, suspension, or termination of the Services, (9) any other matter related to your use of the Services, irrespective of the fact that such liabilities occur due to any misrepresentation, non-performance, interruptions, delays in operation or shipping, negligence of duty/statutory responsibilities, torts, or breach of contract by Aflatoons, and the possibility of such liabilities was already conveyed to it.

These limitations will apply to the extent any such exclusion of incidental or consequential damages is permitted in your jurisdiction. In any case, the total liability of Aflatoons shall never exceed the total amount that you paid for listing a product or purchasing any listed product on the website/app or the minimum amount under the applicable laws, whichever is less.

All claims under this agreement shall be initiated within one year from the cause of action or such periods as determined by the applicable laws governing this agreement, after which your rights to claim any such damages shall be deemed as waived.

Third party links

Please acknowledge that the website/app may contain promotional ads and links to third party websites, services, or content.We do not endorse, sponsor, or recommend any product, service, or content, including but not restricted to views, reviews, specifications, or related informationbeing featured or made available by third party websites/services. Aflatoons shall not be liable for any claimsor liabilities in relation to your access, reliance, or use of third-party products, services, information, or content.

Miscellaneous

These terms and conditions shall be part of your entire agreement with Aflatoons, including but not limited to end-user licenses or additional agreements that you may enter for using any premium feature or service being offered on the website/app.

All sellers on this website/app shall be deemed as independent entities. Nothing on this website/app, including but not restricted to the communications with our support staff, shall create any kinds of partnership, joint venture, franchise, principal-agent, or employer-employee relationship between Aflatoons and such independent entities.

The parties to this agreement shall have no rights to create, assume, or enter a binding agreement on behalf of the other party.

Aflatoons shall be entitled to assign itsrights, duties, interests,and obligations to any third party and collaborate with such third party service providers in its sole discretion. However, you shall have no such rights to transfer or reassign your rights and obligations under this agreement without obtaining a prior written permission from Aflatoons.

If we are unable to enforce any provision of this agreement or ignore any non-compliance under specific circumstances, it shall never be deemed as a general waiver of our rights and remedies with regard to any subsequent non-compliance or breach of this agreement.

If any clause of these terms and conditions becomes unenforceable or declared void by courts of the competent authority, the impugned provisions shall be severed and the remaining agreement shall continue to be enforceable with full legal sanctity.

Dispute Resolution

Please acknowledge and consent that all disputes related to your access to this website/app or use of the Services shall be resolved through mutual negotiations. If the parties are unable to resolve their disputes in an amicable manner, the aggrieved party shall be entitled to file an arbitration to be adjudicated in accordance with the laws of the United Arab Emirates provided that the arbitrators will have no rights to award punitive or consequential damages.

The parties to this agreement shall have no rights to class action or proceedings. However, they shall be free to move a court for enforcing, vacating or obtaining injunctive relief against such arbitration awards.

Please acknowledge and confirm that Aflatoons shall not be liable for your social or business relationship with other users on the website/app, but if any such dispute involves an interpretation of your rights and obligations under this agreement, we may offer a mediation in our sole discretion.

Governing Laws

The provisions of this agreement shall be interpreted and governed in accordance with the laws of the United Arab Emirates. The parties to this agreement shall consent to submit before the exclusive jurisdiction of the competent courts in the United Arab Emirates.

Changes in this Agreement

Aflatoonsshall be entitled to modify or replace these terms and conditions in its sole discretion. If any provision of this agreement is modified, we will publish an update on this website, run a notification on the App, or use other reasonable options to inform you.

Continued access to the website, App, or use of any feature/service being offered on this website shall be deemed as your consent to accept the modified agreement.

Contact Us

If you have any questions or need further explanations, please submit your queries through our contact form or reach our support team at support@aflatoons.co.