Terms And Conditions
PLEASE READ CAREFULLY
Welcome to Obodo FZ – LLC, a company incorporated and registered under the laws of [●], bearing registration number [●] and having its registered address at HD 55B, Floor 01, Building In5 Tech, Dubai Internet City, Dubai, UAE. (“Obodo/ Company”).Obodo is the legal and beneficial owner and operator of mobile application based platform run under the name and style of “OBODO” through which the Company provide an online based barter service that allows users to create, list ,post and exchange goods of similar value (“Obodo Service”) via the Obodo Application accessible at the www.obodo.net (“Obodo App/ Application”). These terms of service (“Terms”) comply with the applicable UAE laws..
- General Agreement
- General Terms and Conditions Which Apply to Users
- Content License
- Privacy Data
- Intellectual Property IP
- Our App and Services
- User Profile Dashboard
- Obodo Bartering Category
- Matching offers, make a Deal and Finish a Deal
- No Guarantee
- Temporary Interruptions
- Acceptable Use Policy
- Copyrights and Repeat Infringer Policy
- Limitation of Liability
- No Spam Policy
- Users Obligations for Listing
- Seller /Buyer Terms
- Data Protection
- Google Play Store
- Apple App Store
- Obodo support
- Choice of Law
- Copyright Notice
1. General Agreement
2.1. “Us,” “We,” or “Company” means Obodo FZ – LLC and/or any of its affiliates, themselves and collectively or otherwise.
2.2. “Company Parties” mean the Company, its affiliates and subsidiaries, and any of the directors, employees, agents, third-party content providers, or attorneys thereof.
2.3. “Owners” shall mean those who upload a comment, image, link, audio, video or other Content to the Obodo App.
2.4. “User”, “You” shall mean and refer to users of the Obodo Services and Obodo App.
2.5. These Terms governs your relationship with Company and Company Parties with respect to the content you post on or through the Obodo App (the “Content”).
3. General Terms and Conditions Which Apply to Users
3.2. The User hereby authorises the Company to use any information which it submits to the application to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 3.1 above, the Company will not use User data for any purposes other than as set out in these Terms. However, the data disclosure by the Company shall be treated as an exception when such disclosures is to comply with orr required by applicable law, or at the request of a law enforcement agency or governmental authority.
4. Content License
4.1. The Content owner retain the rights to any Content submitted to or through the Application. By posting any Content, you expressly grant, represent and warrant that you have all necessary rights to do so. Further, the User hereby grants to the Company, a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form.
5. Privacy Data
5.1. In registering for this application, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes before using the application.
5.2. We collect and store personal identifiable information about You when You download and signup on the Obodo App (“personal data”). This information may include, but is not limited to, details such as your name, email address, and anonymous information such as, your device URL, domain name, I.P. Address, or mobile identifier.
6.1. By downloading and accessing the Obodo App, You hereby represent that you are an adult citizen of 18 years or above and you are of legal age to form a legally binding contract.
7. Intellectual Property IP
All Materials, including trademarks, logos, service marks and the Intellectual property in the Obodo Services, are the sole property of our licensors and the property of Obodo. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the copyright owner’s express written consent. You are not permitted to use these Marks without Company’s prior written consent.
8. Our App and Services
Obodo provides a User friendly and flexible mobile application experience for Users to buy, sell and barter items of different categories, from property listings to job offerings, vehicles, electronics, home appliances etc. the Obodo services uses a unique artificial intelligence technology to match items with each other according to User’s barter preferences. Obodo does not sell, or list items or services on the Obodo App, we only provide the medium for Users to barter or sell various items of similar value.
9. User Profile Dashboard
9.1. The User profile is a unique feature that offers a User more flexibility with their uploaded Contents for instance (the number of Posts, Barter and Wishes). If you are a registered User on the Obodo App, you can enjoy the User Profile dashboard feature which will enable you to view your profile, edits, and also posts Contents, add items to Wish and Barter. The Dashboard also provide Users an opportunity to review the number of offers their Content has received and followers on the Obodo App.
10.1. Obodo provides a number of services for Users through its Application, including, but not limited to, providing an online barter system that allows Users to conduct barter transactions with other Users of the App. Through the Services, Users may post goods and/or services that they are willing to barter, search for any listings posted by other Users, communicate with other Users, and provide feedback about a particular transaction or deal.
11. Obodo Bartering Category
11.1. As a registered User on the Obodo App, you are able to create a post around your uploaded item or services, by doing this you agree to choose the right category your post is related to by making use of the description fields to accurately describe all costs related to your offered service or product. This also applies to when you are looking for a barter exchange.
12. Matching offers, make a Deal and Finish a Deal
12.1. As a registered User on the Obodo App, you are able to create a post around your uploaded item or services, by doing this you agree to choose the right category your post is related to by making use of the description fields to accurately describe all costs related to your offered service or product. This also applies to when you are looking for a barter exchange.
13. No Guarantee
13.1. Although we work hard to provide quality Offerings on the Obodo service, you understand and warrant that we cannot promise or guarantee specific results from using the Offerings found on the App.
14. Temporary Interruptions
14.1. You understand and agree that temporary interruptions of the Obodo App may occur that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available through this Obodo App are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any User communications or material uploaded by you.
15. Acceptable Use Policy
15.1. Your use of the Obodo App is subject to all applicable laws and regulations, and you are solely responsible for any posts, information, videos, pictures, advertisements, feedback or other material that you upload or submit to the Obodo App (“Submissions”). By transmitting Submissions to the App, You agree that you will not transmit or upload any Submission that:
- is false, misleading or inaccurate;
- victimize, harass, degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringe on any patent, trademark, trade secret, copyright, right of publicity, right to privacy or other proprietary right of another;
- promote or encourage any type of criminal or illegal activity, including but not limited to, child pornography or the use of illicit drugs;
- involve pornography, sexually explicit material or sexually oriented services;
- involve drugs or narcotics, whether prescription or otherwise, or drug paraphernalia;alcohol or tobacco related items;
- involve firearms, weapons, ammunition or any parts and accessories of such items;
- involve stolen or counterfeit items;
- involve stocks, bonds or securities of any kind;
- violate any federal, state or local law, statute or ordinance. You are solely responsible for determining the legality of the goods or services that you post on the Obodo App and making sure they are in compliance with all rules and trading restrictions;
- wherein You are not the legal owner of or that you do not have the legal right to barter;
- contain any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;
- breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of Obodo App, or attempt to gain access to another network or server;
- impersonate any person or entity, including any of our employees or representatives;
- You know or reasonably should know cannot be distributed legally or are for any illegal or unauthorized purpose.
15.2. Please note that the list above is not exhaustive. Obodo reserves the right, without notice and in its sole discretion, to block your use of or prevent your future access to the Obodo App and any of its Offerings upon its determination that you have engaged in or are engaging in a forbidden activity, whether or not such activity is listed above.
15.3. The following restrictions shall apply to all Users. A User must not:
- use the Application or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the application/website or any Service or any operating system;
- use any automated software to view the Service without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file) and only access the Service manually;
- use the Service other than for your own personal use or as an agent listing property for sale and to rent;
- attempt to copy any Material or reverse engineer any processes without the Company’s consent;
- remove or alter any copyright notices that appear on the Website;
- collect personal data about other Users or entities for commercial or unlawful purposes;
- includes links to commercial services or third-party websites, except as specifically allowed by the Company;
16. Copyrights and Repeat Infringer Policy
16.1. Obodo stand against anyone who is infringing upon another intellectual property. We are strongly against the exploitation of someone else’s intellectual property. Obodo has set out the following policy under the UAE Copyright Law Article 20 of Federal Law No. 38 of 2021.
16.2. Suppose Obodo has a good faith belief that any content (including Contents Content) appearing on its Platform violates any copyrights or has been illegally copyrighted. In that case, Obodo reserves the right to remove, block, or otherwise ‘takedown’ the Content. Obodo also reserves the right to remove from the Application any Contents, User, or other parties, who are repeat offenders of the Obodo the UAE Copyright Law Article 20 of Federal Law No. 38 of 2021
17. Limitation of Liability
17.1. Obodo is not a party to the barter transactions between you and other Users on the Obodo App and does not advertise or endorse any goods or services posted on the App. We therefore cannot ensure the successful completion of any barter transaction. In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss.
17.2. Your use of the information or Content contained on the App; your use of any products or services bartered through the App; your use of any products or services advertised on the App; or your reliance upon the accuracy of information on the Obodo App posted by us, our advertisers or other Users, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of Obodo App or of any service referenced or linked to from Obodo App.
18. No Spam Policy
18.1. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time the Company may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company’s e-mail system. Any communication between yourself and any other User utilising the communication features available on the Service and the Website may be used only in accordance with these Terms.
18.2. Any unauthorised use of the Company computer systems is a violation of these Terms and certain applicable laws, in particular the UAE Cybercrimes legislation including but not limited to Decree No. 5 of 2012 regarding Cyber Crimes. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the UAE Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Website, we may report this behaviour to the relevant authorities, who then may decide to prosecute you under the relevant UAE laws.
19.1. The User agrees to defend, indemnify and hold harmless the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of, or your inability to use, the application or the Service; (b) your breach of any provision of these Terms; and/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the application and the Service.
20. Users Obligations for Listing
The Users hereby acknowledges and agrees to adhere with the following while listing a property on Obodo:
20.1. You warrant that you possess a valid license from the Real Estate Regulatory Authority (RERA), or its equivalent in the Emirate in which you are advertising.
20.2. If a project is off plan (under construction), you warrant that the project is registered with RERA.
20.3. If you are engaging in subleasing activities, you warrant that you possess a license for the activity of “Leasing and Management of Other People’s Property” from both Dubai Department of Economic Development (DED and RERA).
20.4. If you are engaging in short-term or Holiday Home leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
20.5. As per the RERA regulations, you must obtain approval for every sale or leasing advertisement (located within or outside of Dubai) and display the RERA Permit Number, Office Registration Number and Broker Registration Number on all advertisements.
20.6. You warrant that you possess a valid license from RERA, or its equivalent in the Emirate in which you are advertising.
20.7. If a project is off plan (under construction), you warrant that it is registered with RERA and hold a RERA-approved Escrow Account for the project.
20.8. As per RERA regulations, you must obtain approval for every property advertisement (located within or outside of Dubai) and display the RERA Permit Number on all advertisements.
Owners and Landlords
20.9. You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorisations to list the property on the Website.
20.10. If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess a license for the activity from Dubai Tourism and Commerce Marketing (DTCM).
20.11. You warrant that you possess valid, written consent from your Landlord before advertising on the Website, and that you are legally entitled to publish such advertisement.
20.12. As a User of the application , you must not offer for sale any type of car, motor vehicle or motorcycle (“Vehicle ”) that is:
- located outside of the UAE, unless you can prove ownership of the Vehicle upon request;
- that is not immediately for sale;
- that is not accurately described by the category in which it is advertised;
- that you are not the owner of, or in all other cases, which you do not have the rights to sell; or
- without true and accurate pricing of the Vehicle displayed within the listing.
20.13. We may request that you provide proof of ownership, and that the Vehicle is located in the UAE or has been cleared by UAE customs.
Note:We may is also ask for proof of ownership.
21. Seller /Buyer Terms
21.1. A Seller must:
- be at least eighteen (18) years of age, in the case of an individual;
- not have any criminal record and be compliant with all Applicable Laws;
- have valid identification or incorporation documents as requested by Obodo in the case of an individual or legal entity, respectively.
21.2. Each Seller warrants and represents that:
- it is the legal owner of the product listed on Obodo App and is legally authorised to sell such product;
- their use of the application and sale of the product would not be in breach of any Applicable Law or agreement or contract to which the Seller is a party; and
- the product is free from any encumbrances.
Obodo do not take in charge of the delivery and its subject to buyer and seller to deliver the items at their convenience.
23.1. You agree that Obodo in its sole discretion may terminate or suspend your access to all or part of the service with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this App, and reporting you to the proper authorities, if necessary.
23.2. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings and/or the Obodo App will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
24. Data Protection
24.1. The Obodo agree and consents to the lawful process of any Personal Data provided to the Obodo Application to enable the service provider to exercise its rights and perform its obligations in relation to the services. Please be aware that all personal data collection, processing, and usage shall be carried under the Federal Law No. 1 of the 2006 On Electronic Commerce and Transactions (ecommerce Law).
24.2. This law regulates electronic transactions in the UAE, the Federal Law 13/2021 on the Issuance of the Penal Code (Penal Code) creates numerous offences including defamation, privacy, and data protection, and the Federal Law by Decree No. 5 of 2012 regarding Cyber Crimes (Cybercrime Law) regulates cyber activity and particularly establishes cyber offences.
25.1. Each Party hereby acknowledges and agrees that they and the other party each possess certain non-public Confidential Information (as hereinafter defined). Confidential Information refers to any information which is confidential and commercially valuable to either of the Parties.
25.2. The Confidential Information may be in the form of documents, techniques, methods, practices, tools, specifications, inventions, patents, trademarks, copyrights, equipment, algorithms, models, samples, software, drawings, sketches, plans, programs or other oral or written knowledge and/or secrets and may pertain to, but is not limited to, the fields of research and development, forecasting, marketing, intellectual property and/or finance or any other information which is confidential and commercially valuable to either of the Parties.
25.3. Confidential Information may or may not be disclosed as such, through labeling, but is to be considered any information which ought to be treated as confidential under the circumstances through which it was disclosed.
26. Google Play Store
26.1. By downloading the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- To the extent of any conflict between (a) the Google Play Terms of Services or such other terms which Google designates as default end User license terms for Google Play (all of which together are referred to as the “Google Play Terms”, and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play, and
- You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Obodo or you (or any other User) under these Terms or the Google Play Terms.
27. Apple App Store
27.1. By downloading the Obodo application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- These Terms are between Obodo and you; Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the application on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s Store Terms of Services.
- Apple is not responsible for the application or the Content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
- Apple is not responsible for addressing any claims by you or a third party relating to the application or your possession or use of the application, including without limitation (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the application or your possession and use of the application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
28. Obodo support
28.1. For support and-related questions (“Obodo Support Queries”), please send a message to our support team at firstname.lastname@example.org. We will use reasonable endeavours to respond to all Obodo Support Queries within a reasonable time frame.
29. Choice of Law
This agreement and the Relationship between You and Obodo Shall be governed by the United Arab Emirates Federal laws.
The Obodo App, Services and Obodo Content are protected by the UAE copyright law, trademark and other laws of foreign countries.
31. Copyright Notice
Copyright © 2022 Obodo UAE. All rights reserved. Any rights not expressly granted herein are reserved.
If you have any questions regarding these terms, please contact us by email at email@example.com.