Privacy Policy

 

PRIVACY POLICY

 

1. INTRODUCTION

This Privacy Policy ("Privacy Policy") applies to our stores, websites, applications, or website features you use or access (collectively, the "Sites"), as well as any mobile application (each, an "Application" or "App") that includes an authorized link to this Privacy Policy (together the stores, Sites and Applications are referred to as the "RETOLD Services").

By using the services of RETOLD USED CLOTHS TRADING LLC, you agree to the use, disclosure and procedures this Privacy Policy describes, which is incorporated into our Terms of Use.

Please note that this Privacy Policy does not apply to third party services (each, a "TPS"), such as Facebook, Amazon, or other social network services. We are not responsible for their practices, content, or privacy policies. We encourage you to carefully review the privacy policies of any TPS you access so that you know how they will use and share your information.

 

2. INFORMATION COLLECTED OR RECEIVED

The information we collect from you falls into two categories: personally identifiable information ("Personal Information") and non-personally identifiable information (i.e., information that cannot be used to identify who you are) ("Non-Personal Information").

Personal Information we may collect from you includes your name, email address and telephone number. We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Service. Personal Information that we collect depends on how you use the RETOLD Services. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of many features of the RETOLD Services. 

Non-Personal Information we may collect from you includes identifier and other technical information, such as your browser information, operating system information, device information, IP address and the date, time, length of stay and specific pages accessed during your interactions with the RETOLD Services.

We do not knowingly collect information from children under the age of 18.

 

3. HOW INFORMATION IS COLLECTED

We may collect your information in the following ways:

WHEN YOU PROVIDE US WITH INFORMATION TO OPEN AN ACCOUNT AND/OR MAKE A PURCHASE

If you use our RETOLD Services to open an account and/or make a purchase, we may request certain Personal Information from you to facilitate the transaction. We may also collect certain financial information from you, such as your payment method. We store only a very limited portion of your credit/debit card information, in a manner that is generally permitted by credit/debit card issuers. Our payment processing partner stores and processes your credit/debit card or other payment information using industry-standard security measures. By making a purchase through the RETOLD Services, you give us consent to use and provide your financial information as we consider necessary to process the transaction. Save and except as expressly provided for in this Privacy Policy and clause 13 of the Terms of Use, we, as the merchant, will not pass on your credit/debit card details to any third parties. All credit/debit card details will not be stored, sold, shared, rented or leased to any TPS.

COMMUNICATIONS YOU INITIATE WITH US

If you contact us in person, by phone, email, instant message, live chat, social media, or by some other means (either through our RETOLD Services or through TPS), we may keep a record of your contact information and correspondence for later reference. When we send you emails, we may track whether you open them to figure out how to deliver more delightful and helpful emails and improve our RETOLD Services.

THIRD PARTY SERVICES

If you create your RETOLD account by connecting through a TPS, such as Amazon or Facebook, you are authorizing us to use public information from that connected account to help complete your RETOLD profile. We collect and store this information and use it to help you connect to our Site and to share your public content. Please remember that the manner in which the TPS uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that TPS, including its privacy and data gathering practices. RETOLD shall have no liability or responsibility for the privacy policies and practices or other actions of any TPS or any other third-party site or service that may be enabled within the Service.  If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect

RETOLD partners with TPS who set cookies and tracking pixels for Site visitors and members on our behalf in order to deliver their services. These services include targeted online marketing and analysis of data collected through cookies. These TPS technologies allow a partner to recognize your computer or mobile device each time you visit shopRETOLD.com or other sites that also utilize the TPS, but do not allow access to Personal Information from RETOLD. TPS may choose to include RETOLD widgets on their sites. When you load a site that has chosen to include our widgets, we receive analytics information through a cookie that may be used to enhance our data or to improve our services. RETOLD does not have access to or control over these TPS technologies, and they are not covered by our Privacy Policy.

INFORMATION WE AUTOMATICALLY COLLECT

Like most websites, the RETOLD Services may incorporate technology such as "pixel tags", "web beacons" and "cookies" which allow us to track the actions of users of our RETOLD Services. Pixel tags, web beacons and cookies collect Non-Personal Information. Pixel tags or web beacons are tracking devices on websites or in emails that can monitor the behaviour of the user visiting the website or sending the email. Cookies are small files placed on your computer that recognize you when you return to RETOLD and that allow us to customize your user experience and improve the RETOLD service. You may modify the cookies that are accepted by your computer by changing your browser settings, although this may change the way the RETOLD website is presented to you. Other companies' use of their cookies is subject to their own privacy policies, and we have no obligation to inform you of third party cookies that are set.

As an example, RETOLD uses cookies to keep track of your shopping cart and for other personalized experiences. We may also use tracking technology to create remarketing audiences of users based on visitor behaviour on our Sites. RETOLD may also deliver custom ads based on your affinities, interests, geographic and demographic signals. In particular, RETOLD may use other TPS or services such as Google Analytics to monitor activity on the Site and to assist with advertising. We may also collect information when you are visiting our stores. For example, we may also anonymously collect wireless device signature information while you are near or in our stores to help us better understand our customers.

OPTING OUT

If you decide you do not want to receive email or other mail from us, you can opt to unsubscribe. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the RETOLD Services or to respond to your specific request, such as password recovery.

Except as we discuss in this Privacy Policy, we will not share your Personal Information with third parties who wish to market other products and services to you.

BLOGS, REVIEWS AND TESTIMONIALS

The RETOLD Services may from time to time offer publicly-accessible blogs, customer reviews or testimonials. Any information you provide in these areas may be read, collected and used by others who access them. 

 

4. HOW INFORMATION IS USED

We primarily use the information we collect to enhance the RETOLD Services and your experience. Except if we sell all or a portion of our business, as described below, we do not rent, lease or sell your Personal Information to anyone. If we share your Personal Information, we do so as described below.

NON-PERSONAL INFORMATION

We may share or disclose aggregated Non-Personal Information on our Site with service providers and/or with other persons we conduct business with. These service providers and other persons may also share with us aggregated Non-Personal Information that they have independently developed or acquired. Additionally, we may combine aggregate information from the pixel tags, web beacons and cookies (discussed above) with similar data we collect from other visitors to help us improve the RETOLD Services.

AGENTS

Generally, we will not disclose your Personal Information to unaffiliated third parties. However, we may provide your Personal Information to our employees, contractors, partners, agents, service providers and designees ("Agents") to enable them to perform certain services for us including: order fulfillment, payment processing, Inventory List processing, website-related services such as web hosting, database management, improvement of website-related services and features, maintenance services and distribution of offers, advertisements and other marketing materials on our behalf.

BUSINESS TRANSACTIONS AND TRANSFERS

If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, RETOLD customer information (including Personal Information) will likely be shared for evaluation purposes and included among the transferred business assets.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our rights or the rights of our users or others, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be illegal, unethical or legally actionable activity. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to accomplish the foregoing.

 

5. INFORMATION SECURITY

Retold Used Cloths Trading LLC takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, without limiting the terms of our Terms of Use and this Privacy Policy, we can not guarantee the security of any information provided online.  You understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Any information that you provide to us is done so entirely at your own risk. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section.

 

6. UPDATING AND REVISING PRIVACY POLICY

We occasionally review this Privacy Policy to make sure it complies with applicable law and conforms to changes in our business. We may update this Privacy Policy and Terms of Use, and we reserve the right to do so at any time. Such updates shall become effective on the date that they are posted onto the Website. Please review this Privacy Policy regularly to ensure that you are aware of its terms. Your use of the RETOLD Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time. Modifications will be effective on the day they are posted.

 

7. PERSONAL INFORMATION YOU MAY ACCESS

Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us: name and password, mailing address, billing address and email address. The information you can view, update, and delete may change as the RETOLD Services change.

 

TERMS OF USE

1. INTRODUCTION

These terms of use constitute a legally binding agreement (the "Terms of Use") between you and RETOLD Used Cloths Trading LLC and its affiliates ("RETOLD," "we," "us" or "our") governing your use of our website, mobile applications and other services or content available through the foregoing (collectively, the "E-Services"). You also agree to and accept our Privacy Policy, which describes how we use the information you provide RETOLD and is incorporated into these Terms of Use by reference. If you do not agree to be bound by these Terms of Use, you may not use or access the E-Services or purchase any of the offered products.

We may revise these Terms of Use from time to time, and will always post the most current version on our website. Such updates shall become effective on the date that they are posted onto the Website. Continued use of the E-Services, including purchasing products from us, will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

RETOLD Used Cloths Trading LLC maintains the website  www.shopretold.com

 

2. LICENSE GRANT

RETOLD is owner of website ("Website"). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above "Information"), and which is either owned or licensed by us. The Website contains both public and restricted areas. Only persons who have registered as members with us and who have been issued a user identification and password have a license to access the Website's restricted areas. Areas of the Website that are accessible by non-members are called "Public Area". Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth herein. Accordingly, you hereby acknowledge and agree as follows:

You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website ("License"). The scope of your License right and use of the Website's facilities is determined by the membership level for which you have registered. If it is intended that the Website and Information contained therein be used by users (whether persons or entity) other than you, you will require a separate License for each such said user.

 

3. ACCOUNT REGISTRATION

In order to use our E-Services, you must register an account with RETOLD directly or through a third party service (a "TPS") such as Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your RETOLD account.

Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and RETOLD shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the E-Service.

If you choose to register for the E-Service (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. You are only authorized to create and use one account for the E-Service and are prohibited from using alter egos or other disguised identities when using the E-Service.

The E-Services are not targeted towards, nor intended for use by, anyone under the age of 18. If you are not at least 18 years of age, do not access, use or register for an account on the E-Services. In addition, you may not make a purchase from our Website unless you are at least 18 years of age.

You also represent and warrant that you (a) have not previously been suspended or removed from the E-Service; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party. 

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. RETOLD reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. 

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created under these Terms of Use or your use of the E-Services.

 

4. CONSENT TO RECEIVE COMMUNICATIONS

By creating an account, you agree that you may receive communications from RETOLD, such as newsletters, promotions, special offers, and account reminders and updates.

 

5. TRANSACTIONS & PRICING

In order to make a purchase using the E-Services, you must have a valid payment method on file with us. Without limitation, VISA and Master Card are acceptable forms of payment. To the extent applicable, you are responsible for paying all fees and applicable taxes associated with our E-Services and our services generally. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us or deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, RETOLD will store and update (e.g. upon expiration) your payment method on file.

While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Unfortunately, at times pricing or typographical errors may occur. RETOLD cannot confirm the price of an item until after you order the item. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, RETOLD reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item. Prices and availability are subject to change without notice.

To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion.

All sales prices are quoted in United Arab Emirate Dirhams (AED) and are inclusive of VAT. All payments shall be made in AED. Upon payment by any electronic means, it is RETOLD's policy to notify the customer of payment confirmation by email within 24 hours. 

All RETOLD customers are advised to retain a copy of transaction records and RETOLD policies.

 

6. PRODUCT DESCRIPTIONS AND PRODUCT DELIVERY

While we attempt to be as accurate as possible, RETOLD does not warrant that product descriptions or other content of any E-Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colours and styles of our products. We cannot guarantee that your computer monitor's display of any colour or style will be accurate. If a product offered by RETOLD is not as described, your sole remedy is to return it within three business days in the same condition in which you received it (see Section 6 below). 

As part of its E-Services, RETOLD offers delivery services for purchased items. Shipping will be done by a third party courier. Currently, RETOLD offers standard delivery within the UAE, charged at a flat fee of AED 50 per delivery. For all UAE deliveries, please allow 3 to 5 business days.  For all deliveries outside the UAE, RETOLD will provide a bespoke shipping fee and estimated delivery period depending on the country and location.  At the time of delivery, the registered customer must sign the delivery receipt and provide appropriate identification in order to receive the goods. Avoid any delivery delay by providing your full address along with your contact details. 

Multiple orders / purchases may result in multiple shipments, and subsequently multiple delivery fees.

 

7. RETURN AND REFUND POLICY

Shoppers

You have three business days after receiving your order to decide if you want to keep or return your items. Items may only be returned if they do not reasonably match the description of the item as advertised. Examples of where items may be returned include:

  • if the wrong item or product was delivered to you;
  • if the item or product is unreasonably defective (subject to the overriding nature of RETOLD's business and the proviso that all goods are sold "as is");
  • if the item or product was damaged in shipping; and
  • if the item or product has been tampered with.  

To qualify for RETOLD shopping credit or a refund, you must contact the RETOLD team (info@shopretold.com) and explain your request for return and refund, keeping in mind the above reasons why a refund will be accepted. Once the team has agreed to the refund, you have 3 working days to return the items to RETOLD, and all returned items must be in the same condition in which you received them.

Returned items will be credited back to you for the full amount of the purchase price in either (at your election) in the form of RETOLD online shopping or in-store credit or in your original form of payment.   In relation to any credit/debit card refunds, please allow 10 to 45 days for the refund to be processed by the issuing bank.

Please note that other than as provided for in this Clause 6, RETOLD operates a No Refund and No Returns Policy having regard to the overriding nature of RETOLD's business and the proviso that all goods are sold "as is".

If you wish to Cancel an order once the transaction has been completed, you have 24 hours to do so, or before the order has been fulfilled by the RETOLD team. Due to the nature of the RETOLD business, we can not Cancel an order once it has been shipped to you.  For any eligible cancellations, refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45 working days for the refund transfer to be completed.

Sellers

RETOLD works with different organizations, wholesalers, thrifting companies, and charities who distribute, resell, and recycle unaccepted clothing. If you would like your unaccepted items returned to you, please arrange for the items to be collected within 7 days from the expiration of your membership period.

Special Note on Authenticity

RETOLD prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. If RETOLD cannot verify the authenticity of an item in your Inventory List, RETOLD reserves the right not to list the item regardless of its condition.

 

8. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the E-Services may contain images and descriptions of fashion items and other content (collectively, "E-Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by RETOLD you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the E-Services or the E-Service Content, in whole or in part. In connection with your use of the E-Services you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the E-Services other than as specifically authorized herein is strictly prohibited. The technology underlying the E-Services (including the Software distributed in connection therewith) is the property of RETOLD, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the E-Services (including the Software). Any rights not expressly granted herein are reserved by RETOLD.

All RETOLD product or service names or slogans displayed through the E-Services are the property of RETOLD. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of RETOLD is the service mark, trademark and/or trade dress of RETOLD and you may not copy, imitate or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the E-Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RETOLD and may not be used without permission. Any use of such marks, or any others displayed on through the E-Services, will inure solely to the benefit of their respective owners.

 

9. COMMUNICATIONS

By using the E-Services, you may submit various forms of media content and written communications as well as suggestions, ideas, comments, questions, or other information (collectively, "Submissions"), so long as the Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. RETOLD reserves the right to remove or edit such Submission, but does not regularly review posted Submissions. You acknowledge and agree that any Submissions provided by you to us are non-confidential and shall become the sole property of RETOLD. RETOLD shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If RETOLD does include any content provided by you other than the Submissions ("Your Content"'), you are deemed to have granted RETOLD a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from Your Content, and distribute and display Your Content throughout the world on any media.

You undertake that Your Content does not infringe on any third party's intellectual property rights (including without limitation, such party's patents, copyright, trademarks, trade secrets and/or any such other similar rights), or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify RETOLD, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from our use of Your 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 to any person or entity; and that you will indemnify RETOLD for all claims resulting from content you supply. RETOLD has the right but not the obligation to monitor and edit or remove any activity or content. RETOLD takes no responsibility and assumes no liability for any content posted by you or any third party. RETOLD, in any event, reserves the right (but not the obligation) to remove or edit Your Content, at its discretion and without requirement of any notice to you.

RETOLD reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. RETOLD, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which RETOLD deems inappropriate or that violates any term or condition of these Terms of Use. During monitoring, data may be examined, recorded, copied, and used by RETOLD. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.

 

10. ELECTRONIC COMMUNICATIONS

When you use our E-Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. 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.

 

11. RESTRICTED ACTIVITIES

With respect to your use of the E-Services and Website, you agree that you will not:

  1. impersonate any person or entity;
  2. stalk, threaten, or otherwise harass any person;
  3. violate any law, statute, rule, permit, ordinance or regulation;
  4. interfere with or disrupt the E-Services;
  5. post information through, or interact with, the E-Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  6. use the E-Services in any way that infringes any third party's rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  8. "frame" or "mirror" any part of the E-Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
  9. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the E-Services or any software used on or for the E-Services;
  10. rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the E-Services;
  11. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the E-Services or its contents;
  12. link directly or indirectly to any other web sites;
  13. transfer or sell your account, password and/or identification to any other party;
  14. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
  15. cause any third party to engage in the restricted activities above;
  16. use the Website and E-Services for any unlawful purposes;
  17. sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or E-Services, or any part thereof;
  18. collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the E-Services;
  19. adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
  20. download or copy any account and/or information from the Website or E-Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
  21. use any meta tags or any other "hidden text" utilizing RETOLD name or trademarks or any third party's name or trademarks without the express written consent of RETOLD or the applicable third party.
  22. publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
  23. collude against another person in restraint of trade and competition;
  24. create a hyperlink to the Website, or any page of the Website, without RETOLD's express written consent; or
  25. imply affiliation with or endorsement or sponsorship by RETOLD, or cause confusion, mistake, or deception in connection therewith.

Furthermore, and without limitation to the above, under no circumstances will RETOLD provide any services to OFAC and sanctioned countries.

 

12. RELEASE AND INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless RETOLD and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together the "RETOLD Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your misuse of the E-Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms of Use; and (d) your violation of any rights of another. You agree to promptly notify the RETOLD Parties of any third party claims, cooperate with the RETOLD Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including but not limited to attorneys' fees). You further agree that the RETOLD Parties shall have control of the defense or settlement of any third party claims.

 

13. LIMITATION OF LIABILITY AND DISCLAIMER

The services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the E-Services are provided by RETOLD on an "as is" and "as available" basis, unless otherwise specified in writing. RETOLD makes no representations or warranties of any kind, express or implied, as to the operation of the E-Services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the services, unless otherwise specified in writing. To the full extent permissible by applicable law, RETOLD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and any and all warranties arising from course of dealing and usage of trade. RETOLD does not warrant that the E-Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the E-Services, RETOLD's servers or electronic communications sent from RETOLD are free of viruses or other harmful components.

RETOLD is not responsible for any indirect, incidental, or consequential damages arising from the use of any E-Services, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any service, unless otherwise specified in writing.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided under this agreement. You agree that RETOLD, its officers, directors, employees, affiliates, agents and/or representatives, shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use the Website and information for any reason whatsoever.

 

14. PRIVACY

We collect, store, and use your personally identifying information only as described in our Privacy Policy, which forms part of and is subject to this Terms of Use. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our E-Services.

In using the Website you hereby authorize RETOLD to collect personally identifying information and other data about you. You agree that RETOLD can use your personal identifying information, including but not limited to, your IP address, your e-mail address and the scope of business, as well as details regarding a specific transaction which you may be interested in, for statistical, editorial, transactional, promotional, or marketing purposes, unless you expressly request that your information not be used in such manner. Notwithstanding the foregoing, in any event that you register to the Website using your credit/debit card, you hereby unequivocally authorize RETOLD to use and furnish your applicable information to the applicable credit/debit card company. 

 

15. GOVERNING LAW

These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applied in the Emirate of Dubai.

 

16. JURISDICTION

Each party irrevocably agrees that the courts of the DIFC shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Use or its subject matter or formation.

 

17. TERMINATION

You agree that RETOLD, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. RETOLD may also in its sole discretion and at any time discontinue providing the E-Services, or any part thereof, with or without notice. You agree that any termination of your access to the E-Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that RETOLD may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that RETOLD shall not be liable to you or any third-party for any termination of your access to the E-Services.

RETOLD may terminate this agreement and the License rights immediately without notice for any of the following reasons:: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under this agreement; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms of Use (RETOLD, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of the agreement. Termination or cancellation of this agreement shall not affect any right or relief to which the RETOLD may be entitled, at law or in equity. Upon termination of this agreement, all rights granted to you will terminate and revert to RETOLD.

RETOLD reserves the right to modify the terms and conditions of these Terms of Use. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. RETOLD may also add, withdraw or modify the E-Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under this agreement on the day RETOLD places them on the Website. You agree to review the terms and conditions of this agreement periodically to be aware of such revisions.

 

18. GENERAL

Clause 16 of the Terms and Conditions [1] shall apply to these Terms of Use mutatis mutandis.

 

[1] As displayed on the Website.