TERMS OF USE

1. Overview

Welcome to Ayshei!

These Terms of Use ("Terms"), together with the documents and policies incorporated and referenced in these Terms, including the Privacy Policy, constitute an agreement ("Agreement") between You ("You, Your, Yourself"), and Ayshei Portal LLC along with its affiliates, successors, and assigns (Ayshei, We, Us, or Our").

By visiting Our website ("Site"), Our mobile and web application ("App"), and any application or technology We make available (collectively referred to as the "Platform"), using any Service offered on the Platform, or otherwise accessing Our Platform, You indicate that You accept these Terms and that You agree to abide by them.

If You do not agree to these Terms, please do not access Our Platform. You should read this Agreement carefully before starting to use the Platform.

We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Platform. It is Your responsibility to check the Terms periodically for changes. By continuing to access or use the Platform after any modifications have been posted, You agree to be bound by the revised Terms. If you You do not agree to the new terms, please discontinue Your use of the Platform.

If You advertise on Our Platform as an individual or a company, You may be required to accept additional provisions specified in separate terms or Our advertising agreement. It's important to note that these Terms will continue to apply in this case, and You must also review any other agreements You may have with Us, in conjunction with these Terms. By using Our Platform, You acknowledge and agree to all applicable terms and conditions.

These Terms (together with the documents referred to in it) set out the conditions on which You make use of Our Platform. These Terms are set out as follows:

Part A: General Terms. Part B: Terms specific to Auctions. Part C: Terms specific to Luxury Products.

When You agree to these Terms and accept this Agreement, You do so on behalf of Yourself and any person that You entitle or authorize to use Your Ayshei’s account to the extent provided in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.

PART A: GENERAL TERMS

2. Definitions

Buyer(s): means individuals or companies who purchase Products or otherwise access Services offered on the Platform.

Logistics Company: means Aramex, Transguard, or any other logistics company that provides delivery services for the Products sold through the Platform.

Products: means any product offered to a User through the Platform.

Seller(s): means individuals or companies who sell Products or offer Services on the Platform.

Service(s): means any services, content, features, technologies, or functions and all related website applications, and services offered to a User by Ayshei, collectively.

UAE: refers to the United Arab Emirates.

User(s): means any user of the Platform including but not limited to Buyers and Sellers.

Visitor(s): means an internet User who visits the Platform.

3. Platform Description

The Platform operates under the name ‘Ayshei’. Ayshei is a modern online marketplace that connects Buyers and Sellers. Our Platform is designed to be user-friendly and secure, using the latest Web3 technology to provide a cutting-edge experience.

As a registered User of Our Platform, You can easily buy and sell a wide range of Products and Services, including electronics, motors, properties, home and garden, lifestyle, entertainment, art and collectibles, business and industrial, jobs, and services. Whether You're an individual looking to sell a few items or a business seeking to expand Your customer base, Our Peer-to-Peer and Business-to-Client model makes it easy to connect with other Users and find the Products or Services You need.

Our messaging system allows You to negotiate the terms of a transaction, ask questions about an ad, or simply chat with other Users. We offer a powerful and versatile online marketplace that offers something for everyone. Whether You're looking to buy or sell, connect with others, or just explore new products and services.

Ayshei acts as a venue for auction events Our Service allows You to participate through the Platform in classic and live Auctions organized by auction houses.

4. Disclosed Agent

Our Platform operates as a disclosed agent and intermediary between Buyers and Sellers, providing a secure and user-friendly online marketplace for transactions ("Disclosed Agent"). As a Disclosed Agent, We facilitate the sale and ensure all necessary documentation and agreements are in place, while offering a safe and neutral space for Buyers and Sellers to communicate, negotiate, and exchange Products or Services.

Our Platform offers a secure payment processing system and maintains a commitment to transparency and fairness. We strive to maintain a level playing field for all Users, ensuring equal access to the benefits of Our marketplace.

We may, from time to time, update Our Platform or introduce new applications, tools, features, or functionalities on the Platform, which may require Your agreement to additional terms and transaction fees to use. We reserve the right, at Our sole discretion, to discontinue the Services, the Platform, or any part of it, including certain applications, tools, features, or functionalities, for any reason and without any liability to You or any other party.

5. Use of the Platform

By using the Platform, You acknowledge and agree that:

• a. You will not use the Platform for any illegal or unauthorized purpose, and You will not violate any of these Terms, or any applicable laws or regulations, including copyright laws.

• b. You will not transmit any viruses, worms, or other harmful code.

• c. You will not duplicate, copy, sell, resell, or exploit any portion of the Platform or any content on it, without prior explicit written permission from Us.

• d. You are prohibited from purchasing, selling, receiving, posting, bidding, or accepting any materials or products related to the Products and Services that fall under the following prohibited categories as per the applicable laws, this includes, alcohol, forbidden animals and species, pornographic materials, materials and applications protected by intellectual property rights, counterfeit and illegal goods, devices and mechanisms used to break or hack technical protection, drugs and equipment, games and gambling, electronic piracy materials, illegal telecommunications equipment, unapproved pharmaceuticals, offensive goods, aggressive and criminal goods (stolen goods), fireworks and hazardous materials, and weapons.

• e. You are required to create a personal profile (a "Buyer Profile" or a "Seller Profile") which includes Your Buyer Data or Seller Data depending on the type of activity You wish to perform on the Platform. (For more on this, check section ‎5‎(g) below).

• f. We may use some information You provide Us with to contact You in the context of Your request if necessary (in accordance with Our Privacy Policy. If You do not provide Us with all the required information, You cannot be provided with any of the Services.

• g. You will provide Us with certain information, as requested from time to time:

If You are a Buyer

• • For individuals: Your first and last name, username/nickname (mandatory), phone number, email address, credit or debit card details, gender (optional), profile picture (optional) Emirates ID (optional, only for verified Buyers) birthday (optional), nationality (optional), resume, interests.

• • For companies: An up-to-date copy of Your trade license, e-mail address, physical address, and Emirates ID of the manager or such other document for identity verification and other purposes.

(Collectively the "Buyer Data").

This information is necessary for Us to provide You with the Services. When You request certain Services, You may be required to provide additional information, including a detailed address, and other personal information. We request this information to deliver the Products and Services to You, if necessary, in accordance with Our Privacy Policy.

If You are a Seller

• • For Individuals: Your first and last name, username/nickname (mandatory), phone number, email address, and credit or debit card details, gender (optional), profile picture (optional) Emirates ID (optional, only for verified Sellers) birthday (optional), nationality (optional), resume, interests.

• • For companies: An up-to-date copy of Your trade license, e-mail address, physical address, and Emirates ID of the manager.

(Collectively the "Seller Data").

As a Seller on Our Platform, You have the ability to create Your own page to showcase Your Products or Services. To enable this feature, We may request that You provide Us with additional information such as a detailed address and other personal information, in accordance with Our Privacy Policy, and other terms. We make available from time to time. By providing this information, You agree to its accuracy and completeness and understand that it may be visible to other Users of the Platform.

6. Prohibited Uses

As part of Our commitment to providing a safe and secure environment for all Users, it is important that You use the Platform responsibly and comply with all applicable rules and regulations.

Therefore, You agree not to use the Platform:

• a. For any illegal or unlawful purposes.

• b. To encourage others to participate in any unlawful activities.

• c. To violate any applicable laws or regulations.

• d. To steal or use the intellectual property rights content or trademarks of others, without permission.

• e. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

• f. To give inaccurate information or otherwise submit false or misleading information.

• g. To upload or transmit viruses or other malicious code that could affect the Platform or the internet.

• h. To collect or track other Users' personal information without their consent.

• i. To engage in spamming, phishing, or any other fraudulent activities.

• j. To use the Platform for any obscene or immoral purposes.

• k. To attempt to interfere with or circumvent the security features of the Platform or other websites.

7. Account Creation and Login Credentials

Account Creation and Login Credentials: When You access the Platform, You will need to sign up and create an Account. During the sign-up process, You need to provide Us with accurate information about Yourself, including Your Buyer or Seller Data in accordance with clause ‎5‎(g). To access Your Account, You need to use Your personalized login credentials (the "Login Credentials"). It is important to keep these credentials secure and confidential, and not share them with anyone else. You are responsible for any activity that occurs on Your Account using Your Login Credentials, whether it was authorized by You or not.

We provide You with tools for managing Your Account, including creating, editing, and deleting ads, and viewing Your transaction history.

Lost, Stolen, or Compromised Account or Login Credentials: If You believe that Your Account has been compromised, or that Your Login Credentials have been lost, stolen, or otherwise compromised, You must let Us know immediately by contacting Our customer support team at Support. This will help Us protect Your Account and prevent any unauthorized activity.

You are responsible for all payment instructions or transactions made through Your Account, whether or not You authorized them. If Your Account or login credentials are stolen, lost, compromised, or used without Your permission, You will be held liable for any losses or payments unless You promptly notify Us and We have a reasonable amount of time to act on Your notice. You will also be held responsible for any losses or unauthorized payments resulting from fraudulent or illegal access to Your systems. You are responsible for ensuring that Your payment instructions are accurate and free of errors unless limited by law. If You report any unauthorized or erroneous payments or transfers in a timely manner, We will try to reverse or recover them on Your behalf, but We do not guarantee success and are not liable for any losses resulting from such payments or transfers.

Keeping Your Account up to date: By using Our Platform, You agree to provide current, complete, and accurate information related to all purchases and Account information. You agree to promptly update Your Account and other information as needed to ensure that We can complete Your transactions and contact You as necessary.

8. Accuracy, Completeness, and Timeliness of Information

We are not responsible if any information made available on the Platform is not accurate, complete, or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Platform is at Your own risk. The Platform, the Service, and the use of all related functionalities are provided on an "as is, as available" basis without any warranties whether express or implied.

The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to the Platform.

We reserve the right to restrict access to Our Services at Our discretion, including to specific individuals, regions, or jurisdictions. Such limitations may be applied on a case-by-case basis. We may update the Service descriptions, pricing, or features without prior notice. We also reserve the right to discontinue any Services at any time. Any offer for Our Services made on the Platform is null and void in any location where such Services are prohibited or not available. We do not provide any warranty or guarantee for the quality of Services purchased or obtained through Our Platform, as individual experiences may differ.

9. Correct Errors

We understand that mistakes happen, and We want to make sure that You have the ability to correct any errors that may occur while entering Your User Data. If You do make an error, You may rectify it directly on the Platform. If you are unable to do so, please don't hesitate to contact Our customer service team on Support or directly through Our Platform, and, where possible We will be happy to help You correct it.

At Ayshei, We value Your satisfaction and want to ensure that Your experience with Us is as seamless and error-free as possible. Please don't hesitate to contact Us with any questions or concerns You may have about correcting errors in Your User Data or Your requests.

10. What You Represent

You represent and agree to the following:

1. Representations and Warranties: You hereby represent and warrant that: (a) You are at least 18 years old; (b) You have not been previously suspended or removed from the Platform; and (c) You will provide any requested documentation, including documentation necessary to verify Your identity and payment information.
2. Age Restriction: You understand and acknowledge that the use of the Platform by individuals under the age of 18 is prohibited without parental supervision.
3. Truthful Representation: You agree to provide accurate, truthful, and current information to the best of Your knowledge. You further represent that You have the necessary rights, authority, and power to agree to these Terms and perform the obligations required by this Agreement.

11. Payment and Billing Information

11.1. Payment. The following conditions apply to the payment of certain fees on the Platform (the "Service Fees"):

• (a) To access certain features of the Platform, You may be required to pay Service Fees, which may include transaction fees, payment processing fees, commission, and other special Service fees. As a User, You are responsible for paying all applicable Service Fees for Your use of the Services. Payment for these fees can only be made through the Platform.

• (b) When purchasing a Service with a fee, You will have the opportunity to review and accept the Service Fees that will be charged. Please note that Service Fees are subject to change from time to time, and any changes will be updated on the Platform. We may also temporarily change Our Service Fees for promotional events or introduce new services, and such changes will be effective when We post the temporary promotional event or new Service on the Platform or inform You as a User.

• (c) When You use the Platform and provide Your credit or debit card information, You authorize Us to charge You the relevant Service Fees automatically in United Arab Emirates Dirhams ("AED") or cryptocurrency for Your use of the Services.

Please be aware that failure to pay any Service Fees may result in the suspension or termination of Your access to the Services provided on Our Platform. We recommend that You review Your payment details carefully and contact Us with any questions or concerns regarding the payment process.

11.2. Price and Taxes. We want to ensure transparency regarding the prices of Services and Products on Our Platform. Please note that prices displayed on the Platform are determined solely by the Sellers and may be subject to VAT, as indicated on the checkout page from time to time. While We take great care to ensure the accuracy of prices, errors may occur. We assume no responsibility for the pricing of Services and Products, but We are committed to addressing any questions or concerns You may have regarding pricing or VAT. Please feel free to contact Us if You have any queries.

11.3. Payment Gateway. We use Stripe as a Payment Gateway, and Total Processing as a cryptocurrency Payment Gateway. We kindly ask that You take note of the following provision related to Your use of Payment Gateway. By using the Payment Gateway, You agree and guarantee that:

• (a) You will not utilize the Payment Gateway for any form of money laundering and will promptly report any suspicious activities or parties knowingly involved in such actions.

• (b) Your use of the Payment Gateway complies with all laws and regulations applicable in Your jurisdiction.

• (c) You agree to comply with all of the Payment Gateway's applicable terms and policies.

• (d) In order to complete the payment process, The Payment Gateway may request that You provide the following payment details: Your card number, Your CVV, and the expiration date of Your card.

We value Our relationship with You and take Your compliance with these provisions seriously. If You have any questions or concerns regarding the Payment Gateway or these terms, please do not hesitate to contact Us.

11.4. Payments in Cash. Unless otherwise specifically indicated, payments can be made in cash upon delivery, at the request of the Buyer if the Logistics Company allows it, where such an option is available on the Platform. We value Your experience with Our Platform and strive to ensure that all transactions are seamless and secure. If You have any questions or concerns regarding payments or any other aspect of Our Services, please do not hesitate to contact Us.

11.5. Use of Credit/Debit Card. To minimize the risk of non-authorized access, Your credit/debit card details will be encrypted by the Payment Gateway. Once Your request is received, the Payment Gateway may request a pre-authorization on Your card to ensure that there are sufficient funds to complete the transaction. Credit/Debit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, We will not be liable for any delay or failure to deliver the Service or Product and We will not be unable to conclude any contract with You. Please note neither We, and nor the Sellers have access to any credit/debit card information provided by You under no circumstances. For more information about this, please review the Payment Gateway’s terms of use which You may access here for Stripe and here for Rocket Fuel.

11.6. Payment information and Account updates. As a User of Our Platform, it is imperative that You keep Your payment information updated and accurate to ensure uninterrupted access to all of the features and Services that We offer. By using Our Platform and agreeing to Our Terms, You are acknowledging that it is Your responsibility to provide current and complete information related to all purchases and Account details. Additionally, You agree to promptly update Your Account and other information as necessary to ensure that We can process Your transactions and reach out to You when needed. Failure to do so may result in the loss of access to certain features or Services.

11.7. Restrictions on Use. We reserve the right to refuse any request for a Service or order You place with Us. In Our sole discretion, We may limit or cancel the Services requested, including paid Services placed by or under the same account, the same credit card, and/or requests that use the same email address and/or mobile number.

In the event that We make a change to or cancel any purchase, We will attempt to notify You by contacting the email address and/or mobile number provided at the time the Service was requested.

11.8. Ayshei Plus Account. Ayshei Plus Account is a premium subscription offered by Ayshei, which provides exclusive features and benefits for You in exchange for a recurring fee. Please note that by subscribing to an Ayshei Plus Account, You agree to make certain additional payments as outlined on the relevant check-out page from time to time. It is essential to ensure that these payments are made promptly to avoid any interruption to Your access to the Product, features, or Services offered through Your Ayshei Plus Account. As a User, it is Your responsibility to keep track of the payment deadlines and ensure that payments are made on time to maintain uninterrupted access to Your subscribed features.

If You encounter any issues or require any assistance with Your Ayshei Plus Account, please do not hesitate to contact Us at Support for further assistance.

12. Refund and Cancellation Policy

We want to ensure that You have a positive experience when using Our Platform. As such, please note that returns and refunds on Our Platform are subject to the specific policies and conditions set forth by each individual Seller. As an online marketplace and a Disclosed Agent, we facilitate communication between Buyers and Sellers, but We are not responsible or liable for the return or refund process, terms, or outcomes.

We encourage all Buyers to carefully review and familiarize themselves with the return and refund policies of each Seller before making a purchase. Each Seller on the Platform may have different terms and conditions regarding returns, exchanges, and refunds. It is the Buyer's responsibility to understand and comply with these policies.

While We strive to provide a positive experience for all Users of Our Platform, any issues or disputes related to returns or refunds should be resolved directly between the Buyer and the respective Seller. We will assist in facilitating communication and providing necessary information, but We do not guarantee or control the outcome of such discussions or transactions.

By using Our Platform, You acknowledge and agree that We are not liable for any disputes, losses, damages, or claims arising from returns, refunds, or related matters between Buyers and Sellers. Our role is to provide a platform for the exchange of goods and services and to facilitate communication, but We do not assume responsibility for the actions, policies, or conduct of individual Sellers.

If You have any questions or concerns regarding Our refund and cancellation policy, please do not hesitate to contact Our customer support team at Support, and We will be happy to assist You in any way possible.

13. Paid Postings on the Platform

Ayshei offers Users various types of paid ads including:

a. Featured Ads which appear at the top of search results and may be displayed on the Site’s home page or in other prominent locations;

b. Top Ads which are displayed in a separate section at the top of search results;

c. Urgent Ads which are designed to attract attention to ads that need to be sold quickly and may be displayed in a different color or with an "Urgent" label;

d. Bump Up Ads (Refresh) which allow Users to bump up their ads to the top of the page again by paying a fee;

e. Highlighted Ads which are highlighted in a different color to make them stand out from other ads;

f. Premium Ads which may be displayed in a separate section of the website, giving them more visibility;

g. Bundles may also be offered, which can include a combination of the above types of paid ads.

Ayshei may provide Sellers with the opportunity to enhance their visibility and expand their reach by offering the option to pay for premium ad placements on the website or mobile application as sponsored content. This feature enables Sellers to have their products and services prominently featured, thereby increasing their visibility and attracting a wider audience.

14. Paid Verifications

Ayshei offers its Users the option to verify their accounts in return for a Verification Fee. Account Verification is subject to the following rules and conditions:

1-You must abide by Ayshei’s Terms of Use and Privacy Policy.

2-Your account also needs to be:

• • Authentic: Represent a real person, registered business, or entity.

• Unique: Represent the unique presence of the person or business. Only one account per person or business may be verified, with exceptions for language-specific accounts.
• Notable: Your account must represent a brand or entity.
• Non-Deceptive.
- Your account must have no signs of being misleading or deceptive

• - Your account must have no signs of engaging in platform manipulation and spam.

• • An Ayshei Plus Account.

15. User Comments, Feedback, and Other Submissions

Ayshei provides a feedback and rating system to help Buyers and Sellers make informed decisions when conducting transactions. If We ask You to submit certain specific submissions (such as contest entries) or if You send Us creative ideas, suggestions, proposals, plans, feedback, posts, replies, or other materials, whether online, by email, by postal mail, or otherwise (collectively, the "Comments"), You agree that We may edit, copy, publish, distribute, translate and otherwise use any Comments You send to Us, without any restrictions.

We have no obligation to keep Your Comments confidential, compensate You for Your Comments, or respond to them. However, We reserve the right to monitor, edit or remove content that We find in Our sole discretion to be offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Terms including but not limited to any defamation, insult or abusive remark to the Sellers.

Please note that Comments on the Platform cannot be used to promote any commercial or business activity or arrange a transaction outside the scope of the Platform, or seek any sales commission. Any feedback, images, messages, or listings must always relate to a specific Service and not contain any contact details, including but not limited to, email addresses, phone numbers, and web addresses. You may only provide Comments upon the Service's completion. You agree that Your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or the Platform. You will not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any Comments. You are solely responsible for the accuracy of any Comments You make. We take no responsibility and assume no liability for any Comments posted by You or any third party.

16. Community Guidelines

As a User of the Platform, You are responsible for Your communications and Your use of Ayshei.

You must not engage in any of the following activities under any circumstances: (a) using simultaneous, unattended, or continuous connections to Ayshei with one account; (b) posting or transmitting any message that is libelous or defamatory; (c) posting or transmitting any message, data, image, or program that is indecent, obscene, or pornographic; (d) posting or transmitting any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) using the Platform to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercepting or attempting to intercept email or other private communications not intended for You; (g) sending unsolicited email messages to other Users, using Your email account as an address to which Users need to respond, or using the Platform as a mass unsolicited distribution medium to communicate a generally unsolicited message (unless otherwise permitted by Ayshei); (h) sending unsolicited email messages through third-party mail servers to relay Your email or hide the origination of Your email to others; (i) uploading or downloading files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless You own or control the rights to such files or have received all necessary consents; (j) deleting any author attributions, legal notices, or proprietary designations or labels in a file that Your upload to Ayshei; (k) falsifying the source or origin of software or other material contained in a file that Your upload to Ayshei; (l) using Ayshei in a manner that adversely affects the availability of its resources to other Users; (m) falsely purporting to be an employee or agent of Ayshei; (n) causing repeated disruptive incidents; (o) acting, or failing to act, in Your use of Ayshei in a manner that is contrary to applicable law or regulation; or (p) engaging in any other activity deemed by Ayshei to be in conflict with the spirit or intent of this Agreement. Additionally, You must not post or transmit any message that is harmful, threatening, abusive, or hateful.

Any communication between Users while utilizing the communication features available on the Platform must be used in accordance with these Terms. While Ayshei encourages Users to express their opinions and take controversial positions, it reserves the right to take appropriate action in cases where the Platform is used to disseminate statements that are deeply and widely offensive and/or harmful. Each time You upload a file on Ayshei, You represent and warrant that You own or otherwise control the rights or have the necessary consents to do so. Failure to comply with any of these limitations or obligations may result in civil or criminal liability.

17. Third-Party Links

Certain Services available via Our Platform may include materials and content from third parties.

Third-party links or content videos on the Platform will direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, content, and practices, should be directed to the third party in question directly.

18. Intellectual Property

Our Platform contains material and content which is owned by or licensed to Ayshei. This material and content include, but are not limited to, the design, layout, look, appearance, pictures, videos, information, and graphics. Reproduction is prohibited other than in accordance with a copyright notice, which forms part of these Terms. The Platform may only be used by You, and You may not rent, lease, lend, sub-license, or transfer the Platform or any data residing on it or any of Your rights under these Terms to anyone else.
You may not develop or derive for commercial sale any data in machine-readable or other forms that incorporates or uses any substantial part of the Platform. You may not transfer to or store any data residing or exchanged over the Platform to any electronic network for use by more than one (1) User unless You obtain prior written permission from Us. Except as otherwise expressly provided, You may not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license, or create derivative works from any content contained in the Platform. The use of the Platform’s content on any other platform or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the coding that We create to generate the pages. You may not upload, post, or otherwise make available on the Platform any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights. Ayshei does not have any express burden or responsibility to provide You with indications, markings, or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. Subject to any third-party rights in any preexisting content included within User Content, You retain ownership of any rights You have in User Content, and submitting Your User Content to the Platform does not transfer ownership of Your rights. You hereby grant Ayshei an unrestricted, assignable, sublicensable, royalty-free, worldwide license to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from external sites, and otherwise exploit and use all or any part of all User Content You post to or through the Platform by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Ayshei and the Platform; (ii) displaying and sharing Your User Content to other Users of the Platform; and (iii) providing the Service as authorized by these Terms. You acknowledge that We may not always identify paid Services, sponsored content, or commercial communications as such. You further grant Us a royalty-free worldwide license to use Your name, image, voice, and likeness to identify You as the source of any of Your Content. You must not post any User Content on or through the Platform or transmit to Ayshei any User Content that You consider to be confidential or proprietary. Any User Content posted by You to or through the Platform or transmitted to Us is considered non-confidential and non-proprietary, and treated as such by Us, and may be used by Us in accordance with these Terms without notice to You and without any liability to Us. The foregoing provisions apply equally to and are for the benefit of Ayshei, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

19. Warranty Disclaimer for the Platform

Your access to the Platform and/or Your use of any of its Services is at Your sole risk.

You acknowledge that the Platform is a marketplace to enables Buyers and Sellers to buy and sell Products and Services. In the event where a Buyer clicks on "[Place Order]" link on the Platform, the purchase is placed with the Seller and not Ayshei (unless Ayshei is the Seller). We make the Services and Products available for purchase, take the Product, and collect the payment as the Disclosed Agent of the Seller and not on Our own behalf. Upon the click on the "Place and ad]" link on the Platform, an agreement is formed between You and Us directly.

Ayshei is not responsible or liable for any misconduct of any of its Users. All contact between Users is at the risk of said Users. We are not responsible for the ownership, content, quality, result, or legality of Products and Services sold or listed on the Platform or for the accuracy of listings or the ability to complete a transaction.

The Content and other information contained in the Platform are compiled from a variety of sources.

20. Limitation of Liability

By using Our Platform, You waive and agree not to assert any claims or allegations of any nature whatsoever against Ayshei, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers or other partners, licensors, any of their successors or assigns, or any of their respective officers, directors, agents, employees or interns arising out of or in any way relating to Your access or use of the Platform, including, without limitation, any claims or allegations related to the infringement of proprietary rights, or allegations that any of the mentioned above parties ("Related Parties") has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of any third party products or the Platform. Without limiting the foregoing, neither Ayshei nor any other Related Parties shall be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of property, or otherwise, arising out of or in any way connected to the access to the Platform and the use of or inability to use any or all of the Services, including without limitation any damages caused by or resulting from Your reliance on the Platform or other information obtained from or accessible via Ayshei or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, force majeure, communications failure, theft, destruction or unauthorized access to Ayshei’s or any other Related Parties’ records, programs or services.

AYSHEI SHALL NOT BE HELD LIABLE FOR USER AND OTHER’ INFORMATION DETAILS THAT ARE PROVIDED OUTSIDE THE SCOPE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, THE PLATFORM AND DIFFERENT CHANNELS OF COMMUNICATION LIKE PHONE AND EMAIL CONVERSATIONS OR EVEN PHYSICAL/LIVE COMMUNICATION. AYSHEI SHALL NOT BE HELD LIABLE FOR ANY BAD BEHAVIORS OF A BUYER /SELLER/ AND/OR DELIVERY DRIVER INCLUDING, BUT NOT LIMITED TO, ANY INCOMPLETED SERVICES, GROSS NEGLIGENCE IN THE QUALITY OF THE PRODUCT OR SERVICE PURCHASED, OR WILLFUL MISCONDUCT, ANY MORAL AND/OR PHYSICAL DAMAGES SUCH AS INJURY, DEATH THAT SHALL OCCUR TO A BUYER, SELLER, DELIVERY DRIVER, OR THIRD PARTY.

21. Indemnification

By using the Platform, You agree to protect, defend, and hold harmless Ayshei and its Related Parties from any claim or demand, including reasonable attorney fees, made by any third party resulting from Your violation of the Terms or documents incorporated by reference or Your infringement of any law or the rights of a third party.

YOU HEREBY RELEASE US AND AGREE TO HOLD AYSHEI HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SELLERS OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR NON-MATCH OR BAD SERVICE OF ANY SELLER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

22. Geographic Considerations

The owner of the Platform is based in the UAE. Although We provide this Platform for use by persons located in the UAE and other countries, including the EU, and have attempted to comply with GDPR standards, We make no claims that the Platform or any of its content is accessible, and appropriate outside of the UAE.

Access to the Platform may not be legal by certain persons or in certain countries. If You access the Platform from outside the UAE, You do so on Your own initiative and are responsible for compliance with local laws and regulations

23. Severability

In the event that any provision of the Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

The headings used in the Agreement are included for convenience only and shall not limit or otherwise affect the Terms.

24. Termination

These Terms, including any modifications, will become effective upon Your initial use, pre-subscription, or subscription on the Platform, and will remain in full force and effect throughout Your use of the Platform or its Services.

Notwithstanding anything to the contrary, We reserve the right to terminate Your Account and/or block Your access to and use of the Platform at any time and without prior notice, at Our sole discretion. We also reserve the right to refuse Service to anyone for any reason and at any time. If Your access to the Platform is terminated for any reason, You will not have the right to obtain copies of any data or communications You may have stored or conducted through the Platform or any other data.

You may voluntarily terminate Your use of the Platform at any time by simply deleting Your Account and discontinuing Your visits or use of any aspect of the Platform.

25. Force Majeure

We shall not be held liable for any delay or failure to perform any obligation related to the Platform if the delay or failure is due to unforeseen events that are beyond Our reasonable control, including, without limitation, acts of God, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, pandemic, or governmental action, and other industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion or accident.

26. Entire Agreement

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The Terms as well as any other policies or operating rules posted by Us on the Platform or in respect to the Services, constitute the entire agreement and understanding between You and Us and govern Your access and use of the Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against Us.

27. Terms Modification

We reserve the right to review and modify these Terms at any time. You are subject to the Terms in effect at the moment in which You access the Platform or use any of its Services, except when by law or decision of a governmental entity We must make changes retroactively to said policies, Terms, or Privacy Policy. In this case, the possible changes will also affect requests made previously by You.

28. Governing Law and Jurisdiction

1. Governing Law.

These Terms are governed by, and all disputes arising under or in connection with these Terms shall be resolved in accordance with the Federal laws of the United Arab Emirates. These laws will apply no matter where in the world You live, but You may be entitled to the protection of the mandatory consumer protection provisions of Your local consumer protection law.

2. Dispute Resolution.

Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration. in accordance with the International Chamber of Commerce (ICC) expedited Rules of Arbitration. The Arbitral Tribunal shall be composed of a sole arbitrator. The place of arbitration shall be Dubai, UAE. The language to be used in the arbitral proceedings shall be English.

Any arbitration under these Terms will take place on an individual basis. You understand that by agreeing to the Terms, You are waiving the right to trial by a judge, or to participate in a class action lawsuit.

29. Contact Information

We value Your feedback and encourage You to share Your comments and suggestions regarding these Terms or any aspect of Our Platform. Please feel free to reach out to Us via email at Support or by phone at 800 297 434. We appreciate Your input and strive to continuously improve Our offering.

Last Updated: 25/01/2024

PART B: TERMS SPECIFIC TO AUCTIONS 

1. Auction Types

1.1 Standard Auctions: These auctions have a set duration, and the highest bid at the end wins the item. 

1.2 Reserve Price Auctions: The seller sets a minimum price. If the highest bid does not meet the reserve price, the item will not be sold, unless the seller is willing to accept the highest bid. 

1.3 No Reserve Auctions: There is no minimum price, and the highest bid wins, regardless of the amount. 

2. Bidding Process

2.1 Registration: All bidders must register on our platform and provide valid payment information before participating in any auction. 

2.2 Placing Bids: To place a bid, enter the amount and confirm. All bids are binding and cannot be retracted. 

2.3 Bid Increments: Each auction will have specified bid increments. Bids must be placed in these increments or higher. 

2.4 Auto Bidding: You can set a maximum bid amount, and the system will automatically bid on your behalf up to your maximum. 

2.5 Buy Now Option: Some items may have a "Buy Now" price, allowing you to purchase the item immediately, bypassing the auction. 

3. Winning an Auction

3.1 Highest Bid: The highest bid at the end of the auction period wins the item. 

3.2 Reserve Price: If a reserve price is set and the highest bid does not meet it, the item will not be sold, unless the seller is willing to accept the highest bid. If no reserve price is set by the Seller, the Seller agrees to accept the highest bid at the end of the auction, regardless of the amount. The Seller cannot refuse to sell the Item to the highest bidder if no reserve price was set. 

3.3 Buy Now: If an item is purchased via the "Buy Now" option, the auction ends immediately, and the buyer is obligated to pay the listed price. 

4. Payment and Shipping

4.1 Payment: Winning bidders must complete the payment within 3 days of the auction's end. Payments are held in escrow for 3 days post-delivery. 

4.2 Shipping: Sellers must ship the item within 3 days of receiving payment confirmation and provide tracking information. 

4.3 Insurance: Shipping insurance is recommended and may be required for high-value items.  

5. Disputes and Returns

5.1 Dispute Resolution: The Company will mediate any disputes between buyers and the Seller. The Company may extend the Escrow Period if necessary to resolve issues. 

5.2 Returns: If an Item is significantly not as described, the Company will facilitate a return and refund process. The Seller agrees to accept returns under these conditions. 

6. Seller Responsibilities

6.1 Accurate Listings: Sellers must provide accurate and detailed descriptions, including high-quality images and proof of authenticity. 

6.2 Timely Shipping: Sellers must ship items promptly and provide tracking information to buyers. 

6.3 Communication: Sellers must respond promptly to buyer inquiries and disputes. 

7. Buyer Responsibilities

7.1 Timely Payment: Buyers must pay within the specified time frame after winning an auction. 

7.2 Inspection: Buyers should inspect the item upon receipt and report any issues within the escrow period. 

7.3 Compliance: Buyers must comply with all applicable laws and regulations related to the purchase and ownership of items. 

8. Prohibited Activities

8.1 Shill Bidding: Placing bids to artificially increase the price or desirability of an item is strictly prohibited. 

8.2 Collusion: Collaborating with other bidders to manipulate auction outcomes is prohibited. 

8.3 False Information: Providing false or misleading information during registration, bidding, or listing items is prohibited. 

9. Penalties and Enforcement

9.1 Account Suspension: Violations of these guidelines may result in suspension or termination of your account. 

9.2 Legal Action: Severe violations may result in legal action. 

10. Contact Information

For any questions or concerns about our auction guidelines, please contact our support team at [email protected] 

PART C: TERMS SPECIFIC TO LUXURY PRODUCTS

On Ayshei’s Platform, Users can conveniently access online sales for a range of lifestyle, fashion, and luxury products and services ( the "Luxury Products").

Disclaimer of Warranty

Ayshei provides Users with access to a diverse range of pre-loved luxury Luxury Products and Services. Keep in mind that all content, productsProducts, and services Services on the Platform, or obtained from a website to which the Platform is linked (a "Linked Site"), are provided to you You "as is" without warranty of any kind either express or implied. This includes but is not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.

It is important to note that Ayshei does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice, or statement made through the Platform by any party other than Ayshei, (b) any content provided on Linked Sites or (c) the capabilities or reliability of any Product or Service obtained from a Linked Site. Additionally, Ayshei is not responsible for any technical or human errors that may arise from software, tech, IT, bugs, malware, virus attacks, hacks, and any other unforeseen situations that may or may not result in inaccurate content, pricing, original retail price, descriptions, and more.

It is crucial for Users to evaluate the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Platform, or obtained from a Linked Site. Users should seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, Product, Service, or other content.

Except where required by applicable consumer protection law, Ayshei will not be liable for any loss or damage caused by a User’s reliance on information obtained through the Platform or a Linked Site.

In the pre-loved luxury market, it is not uncommon for items to show signs of wear and tear or minor flaws, and it is the responsibility of the User to thoroughly review the Product descriptions and photographs provided by the Seller to determine the condition of the item. Therefore, it is highly recommended that Users thoroughly inspect the item before purchasing and ask the Seller any relevant questions. Ayshei recommends that users familiarize themselves with the terms of each individual Seller before making any purchases.

Intellectual Property Rights

The trademarks, logos, and service marks ("Marks") featured on the Platform are the property of Ayshei or other third parties.

Users are strictly prohibited from using any Marks for any purpose, including but not limited to use as metatags on other pages or websites without the prior express written permission of Ayshei or the respective third party that owns the Marks.

All information and content, including any software programs, available on or through the Platform ("Luxury Content"), is protected by copyright laws and other intellectual property rights. Users are strictly prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Luxury Content available on or through the Platform for commercial or public purposes without the prior express written consent of Ayshei.

It should be noted that Ayshei is not affiliated with the brands that it sells, which remain the registered trademarks of their respective brand owners and not of Ayshei. Any use of these trademarks by Ayshei is solely for the purpose of identifying the products offered for sale on the Platform.

Claims of Intellectual Property Infringement

At Ayshei, we We take intellectual property infringement very seriously and strive to maintain a fair and respectful environment for Our Users. We ask that Our Users also respect the intellectual property rights of others. To that end, we have established a procedure for claims of intellectual property infringement.

If you believe that Your intellectual property rights have been infringed upon on Our Platform, please notify us Us by sending an email to [EMAIL] with the subject line "intellectual property." In your Your email, please provide us Us with the following information:

• - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• - A description of the copyrighted work or other intellectual property that You claim has been infringed;

• - A description of where the material that You claim is infringing is located on the Platform;

• - Your address, telephone number, and email address;

• - Your address, telephone number, and email address;

• - A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• - A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our team will review your Your complaint and take appropriate action in accordance with the applicable laws and regulations.

By using Our Platform, You agree to abide by these intellectual property policies and to promptly notify Us of any suspected violations. We reserve the right to take appropriate legal action against anyone who infringes upon the intellectual property rights of others on Our Platform.

Product Description

At Ayshei, we We strive to provide our Our Users with the most detailed and accurate information about our pre-loved luxury Luxury Products. We make every effort to ensure that our Our product descriptions, titles, attributes, specifications, pricing, and other related information are reliable, current, and error-free. However, We cannot guarantee that all content on Our Platform is completely accurate and complete, given the unique nature of pre-owned loved luxury Luxury goodsProducts.

Despite our best efforts, there may be some discrepancies or errors in Our Product descriptions due to factors such as variations in manufacturing, wear and tear, and age. Please note that the titles and content on our Platform are laid out, arranged, and standardized in a manner that reflects our brand standards and ownership.

We take great pride in our commitment to quality and transparency, and We encourage Our Users to carefully review all available information about a Product before making a purchase. If You have any questions or concerns about a Product, please do not hesitate to contact Our customer service team for assistance.

Submitted Content

Ayshei respects the rights of its Users and does not claim ownership of any materials submitted through the Platform, email, or any other method. However, We reserve the right to use such materials at Our sole discretion, either in whole or in part, and in a modified form as needed to provide Our Services.

When using certain features, You agree to upload and submit Your items in JPEG, GIF, and PNG formats only. You also represent, warrant, and covenant that the images You provide are original and that You hold the necessary rights to the images, materials, or items You upload on Our Platform.

At Ayshei, We are committed to providing a safe and secure online platform for pre-loved luxury transactions. By using our Platform, you agree to comply with our policies and guidelines to ensure a positive experience for all Users.

AUCTION TERMINOLOGY

• "As Is."

  Also known as "as is, where is" and "in its present condition." Typically, this is a sign that no return privileges will be granted.

• Auction.

  A method of selling an item in a public forum through open and competitive bidding. Also referred to as: a public auction, auction sale, or sale.

• Auction Cycle.

  The specific time limit for Bidders to place bids on an Item.

• Bid.

  A prospective buyer's indication or offer of a price he/she will pay to purchase property at auction. Bids are usually in standardized increments established by the auctioneer.

• Bidder

  A person who places any bid or offer on an Item on the Platform.

• Bid Deposit.

  A financial sum or security that Bidders are obliged to provide as a demonstration of their sincere intention to participate in the auction process. The bid deposit serves as a protective measure against insincere or non-committal bidding activities.

• Bid History.

A historical list of all the bids made on a particular auction during or after the auction.

• Bid Increments.

  The standardized amount an item increases in price after each new bid. The auction service sets the increment, which rises according to the present high bid value of an item.

• Bidder (Paddle) Number.

The number issued to each person who registers at an auction.

• Buyer's Premium.

  An additional service charge, for which the Buyer is responsible, which may be added to the price of sold Item. If so, this will be indicated on the Item Details Page.

• Item.

  A specific property, product, or asset that is made available for Auction or sale on the Platform.

• Item Bid Page.

  A page specific to each Item marketed on Our Platform that provides and describes, among other information, the ability to place a bid on said Item, fees associated with the purchase of the Item, the ability to place a hold on Your credit card to meet the bid deposit requirements and other bid related information about the marketed Item.

• Item Details Page.

  A page specific to each item marketed on the Platform that provides, among other information, the description, location, price, fees, photos, and other information about the marketed Item.

• Outbid.

  To submit a maximum bid that is higher than another buyer's maximum bid.

• Purchase Agreement.

  Selected Bidders are required to execute the Seller's purchase and sale agreement or such other contract(s) evidencing the Selected Bidder’s obligation to purchase any Item, if so required.

• Preview.

  Specified date and time an Item is available for prospective buyer viewing and audits in advance of the sale.

• Reserve or Reserve Price.

  The minimum price that a Seller is willing to accept for an Item to be sold at Auction. Whenever permitted under applicable law, the Seller may choose not to disclose the Reserve Price on the Item Details Page. Even if a Bidder meets the Reserve Price, the marketing period continues for the scheduled marketing time period to give other Bidders the opportunity to bid. Seller reserves the right not to enter into a Purchase Agreement to sell any Item to a person or entity, including those with a Bid or offer meeting the Reserve Price. All Items are marketed subject to a Reserve Price unless expressly stated otherwise on the applicable Item Details Page; the absence of a Reserve Price (either in name or amount) on a Item Details Page is not an indication that there is no Reserve Price.

• Sale Deposit.

  The good faith deposit a Buyer pays as instructed under the Purchase Agreement to help demonstrate the Buyer’s commitment to purchase the Item.

• Selected Bid.

  Means (a) with respect to an Item marketed using the Auction process, the bid on an Item that was selected by the Seller, in its sole and absolute discretion, following the conclusion of the time limit, and (b) for a No Time Limit Auctions, any offer that has been tentatively approved by the Seller. The Selected Bid for an Item that was conducted under the Auction process may or may not be the highest bid as Sellers may choose to factor in other qualities of the bids (such as type of funds used to purchase, Bidder-requested contingencies, etc.). A Selected Bid may or may not meet the Listing Price or the Reserve Price. A Bidder with the Selected Bid (i.e., the Selected Bidder) does not grant the Bidder the right to purchase the Item. The Seller reserves the right not to enter into a Purchase Agreement to sell the property to a person or entity, including those with a Selected Bid.

• Selected Bidder.

  The person or entity that places the Selected Bid. Being a Selected Bidder does not grant the Selected Bidder the right to purchase the property. Formal agreement regarding the terms of the sale of the Item (which may or may not be with the Selected Bidder) lies within the sole discretion of the Seller.

• Starting Price.

  The likely starting Bid for a given auction, set by the seller at the time of listing.