Terms and Conditions

  • Terms and Conditions

Introduction

Welcome to Ability. These are the terms and conditions governing your access to and use of the website Ability 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 Ability Trading LLC  (“we”, “us” or “Ability”) 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 Ability’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 Ability. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Ability requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

Amendments to this User Agreement

You acknowledge and agree that Ability shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that Ability 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.

Fees and Services

Ability is not an house nor a bank, and does not offer or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Sellers must pay all fees due and payable to Ability after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from Ability by submitting an online no-sale claim.
Before you list an item for sale through the Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on the Site.
Ability 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 Ability (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Ability 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 Ability, without prejudice to any other rights and remedies of Ability under this User Agreement or at law, Ability without liability reserves the right to:

Ability SafePay

The Ability SafePay system means that payment for items on the Site may be made online or partly online through the Ability payment facilities called Cash On Delivery (“COD”) (or other payment methods which Ability may make available on the Site from time to time) .
By providing the Online Payment COD payment facilities, Ability is merely facilitating the making of online payments by buyers possible but Ability is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and Ability is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Ability have any fiduciary duty to any user. You acknowledge and agree that Ability will hold your funds at your own risk.

Your Information

You grant Ability 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, 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.

Use of the Site

While using the Site, you will not:

You undertake, represent and warrant that:

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 Ability, 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 Ability and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

Trademarks

“Ability” and related logos, and other words and logos on the Site (including without limitation “MyWallet” and “Ability SafePay”) are either unregistered trademarks or registered trademarks of Ability and are protected by international trademark and other intellectual property rights and laws. Ability’s trademarks may not be used in connection with any product or service that is not Ability’s nor in any manner that disparages or discredits Ability. All other trademarks not owned by Ability 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 Ability.

Abusing Ability

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

Buyer Protection

Ability has a “Buyer Protection Program” which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item by way of any of the Ability SafePay processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under the Buyer Protection Program. The Buyer Protection Program involves reimbursement by Ability to the buyer of the value of the item only. To be eligible under the Buyer Protection Program a buyer needs to file a complaint with Ability within 48 hours of receiving (or not receiving) the relevant item. Ability will investigate the matter and if it has been determined (by Ability in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which Ability has reimbursed the buyer, Ability may limit, suspend or withdraw the seller’s access to the Site and/or the seller’s membership and Ability may charge the seller for Ability’s costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . Ability 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 Ability by a buyer is illegal or otherwise unlawful that Ability may in its sole discretion destroy the item or take any other steps as it considers necessary.
Shipping fees for returned Items :

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

Undeliverable Items

Ability and its affiliates shall have the right to discard, destroy, liquidate or and as it may deem appropriate any of the Sellers 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 Ability to destroy and/or liquated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to Ability. Furthermore, Ability 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.

Privacy

Ability takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Ability 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 Ability may process your personal information that you provide to it for the purposes of providing the services on Ability 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.

Providing Feedback

Ability 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. Ability 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 Ability under this User Agreement or at law, Ability 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 Ability, 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 Ability feedback rating in any venue other than on the Site. Ability 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.

No Warranty

Ability 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. Ability 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. Ability 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 Ability has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

Limitation of Liabilities

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

Indemnity

You agree to indemnify and hold Ability and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

Relationship and Notice

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

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 – London Court of International Arbitration (“LCIA”), 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 LCIA 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 LCIA 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 Ability to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Ability shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

Transfer of Rights and Obligations

You hereby grant Ability the right to, and irrevocably acknowledge and agree that Ability 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. Ability 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 Ability, 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 Ability.

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 Ability with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

Governing Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.

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Warranty legal terms and conditions
The warranty is valid only on the presence of serial no.of the product. Ability reserves the right to refuse warranty if this information has been removed or changed after the original purchase of the product from the dealer. Obligations are limited to repair of the defect or replacement the defective part or at its discretion replacement or refund according to market price of the product itself. Warranty repairs must be carried out by a Ability Authorized Service Centre. Warranty cover will be void, even if a repair has been attempted by any unauthorized service centre. Ability shall not be liable for reimbursements,claims and damages that may result from the unauthorized repair of the product. Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the warranty period. Repair or direct replacement of the product under the terms of this warranty may be full filled with functionally equivalent service exchange units. The warranty is not applicable to cases other than defects in material, design and workmanship.
The warranty does not cover the following:

Extended warranty legal terms and conditions

Damage caused by:

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