Switch DXB T&C's

 

1. Introduction

Welcome to Switch DXB. These are the terms and conditions governing your access to and use of the Switch DXB App and Website and its related sub-domains, sites, services and tools (the "app"). By accepting these terms and conditions (including the linked information herein), and by using the App, you represent that you agree to comply with these terms and conditions with Switch Lifestyle ME FZ LLC ("we", "us" or "Switch DXB") in relation to your use of the App (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this App. Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Switch’s Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Switch DXB. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement. 

2. Eligibility for Membership

Switch DXB wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the App is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the App. Without prejudice to any other rights and remedies of Switch DXB under this User Agreement or at law, Switch DXB reserves the right to limit or withdraw access to the App or the membership of any person if Switch DXB believes that person is under the age of 18 years. The App is not available to persons whose membership has been suspended or withdrawn by Switch DXB. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the App more than once.

3. Your Account and Registration Obligations

When you register as a member of the App you have been or will be required to provide certain information through Facebook login.

On becoming a member of the Site, you agree:

  • You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Switch DXB of any unauthorised use of your account or any other breach of security. In no event will Switch DXB be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your login details. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Switch DXB for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the App, services or otherwise by using your designated login details, whether or not you authorised such access.
  • You will provide true, accurate, current and complete information about yourself as prompted by Switch DXB’s registration form (the "Registration Data").
  • You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Site) by Switch DXB or any other user as confidential.
  • You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Switch DXB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Switch DXB under this User Agreement or at law, Switch DXB has the right to indefinitely suspend, limit or withdraw your access to the App and/or your membership of the App.

    Switch DXB may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Switch DXB upon such requests. You acknowledge and agree that if you do not, Switch DXB without liability may limit, suspend or withdraw your access to the App and/or your membership of the App. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time. 

4. Electronic Communications

You agree that we may communicate with you by email or by posting notices on the App. 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. Switch DXB requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

5. Amendments to this User Agreement

You acknowledge and agree that Switch DXB shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Switch DXB at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the App.

6. Fees and Refunds

Switch DXB is an online platform allowing for the sale and purchase of services between users and providers. Membership on the App is free. Switch DXB does not charge any fee for browsing and buying listed services on the App. Switch DXB charges transaction fees to all providers when their service is successfully sold on the App. Providers must pay all fees due and payable to Switch DXB after a successful sale and in the case that a user does not complete the transaction, the provider may seek a refund of the relevant transaction fees from Switch DXB by submitting an online no-sale claim. Switch DXB may choose to temporarily change the fees for our services for promotional events or new services, and such temporary changes are effective in accordance with their terms when we post them on the App. Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Switch DXB (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Switch DXB with a valid payment method. Refunds, if any approved by Switch DXB will only be done through the original form of payment. 

In case of non-payment of fees and/or any applicable taxes and charges by you to Switch DXB, without prejudice to any other rights and remedies under this User Agreement or at law, Switch DXB without liability reserves the right to:

  • issue you with a warning regarding the non-payment in question.
  • temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of Switch DXB issuing a warning to you.
  • Switch DXB also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to Switch DXB
  • for accounts over 30 days past due, deduct the amount owed from your following transactions
  • invoice you for a fixed late payment fee
  • take any steps Switch DXB considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges. 

7. You grant Switch DXB a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the App and/or post on the App in the registration, buying, or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the App (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

8. Use of the App
While using the App, you will not:

  • post Information or content or list services in an inappropriate category or areas on our App;
  • post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
  • post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
  • post Information or services which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
  • post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
  • post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  • post any Information or content or list services which may (in our sole discretion) be considered culturally or religiously offensive in any way;
  • post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
  • post Information or content or list services which may (in our sole discretion) threaten national security;
  • post Information or content or list services which may (in our sole discretion) constitute or be considered to promote gambling;
  • use "keyword spamming" in listing services for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);;
  • attempt to conclude transactions relating to the sale of a service on the App, outside of the App;
  • use contacts made by buying or selling on the App to solicit (including by email or otherwise) sales on other services directly and/or from another website;
  • manipulate or attempt to manipulate the App in any way including the prices of any services on the App (either alone or in conjunction with other users);
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Switch DXB;
  • take any action that may undermine the App's feedback and ratings systems;
  • transfer your App account (including feedback) and username to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the App, or the interests or property of the App's users;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the App;
  • attempt to take over another user's account or carry out any hacking or phishing of the App or user accounts and related features;
  • export or re-export any App tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify, or distribute any content from the App or otherwise infringe the App's copyright material and/or trademarks in any way;
  • violate any laws, rules, regulations, guidelines, third party rights or our policies;

You undertake, represent and warrant that:

  • you are 18 years of age or over the age of 18 years;
  • if you are a corporate representative, you have authority to bind the corporate entity;
  • you are the sole and exclusive legal and beneficial owner of all services of any description that you wish to offer for sale on the App and you have complete right, title and authority to deal in and offer for sale such items;
  • you will inform Switch DXB of any postings, items or transactions which appear to be in violation of this User Agreement;
  • you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the App;
  • information you provide on the App in respect of items you wish to sell shall be as accurate as reasonably possible;
  • you will not use contact information provided to you during the course of a transaction on the App to solicit additional sales offline or on another website;
  • you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; 
  • you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

9. Copyright

All content included on the App, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Switch DXB, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the App is the exclusive property and copyright of Switch DXB and is protected by copyright, trademarks, patents or other intellectual property rights and laws. 

10. Abusing Switch DXB

Please report problems of any kind or violations of this User Agreement to Switch DXB. If you believe that your intellectual property rights have been violated, please notify Switch DXB. Without prejudice to any other rights and remedies of Switch DXB under this User Agreement or at law, Switch DXB may limit, suspend or withdraw a user's access to the App and/or a user's membership of the App or remove hosted content. Also Switch DXB can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies. 

11. Platform for Communication

The App is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of services. Switch DXB does not buy or sell services. Switch DXB is not and cannot be a party to or control in any manner any transaction between two users of the App and cannot guarantee that a user or provider will complete a transaction. You will not hold Switch DXB responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:

  • Switch DXB is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the Provider to the User. The contract for sale of any service shall be a strictly bipartite contract between the provider and the user. At no time shall any right, title or interest over any item vest with Switch DXB nor shall Switch DXB have any obligations or liabilities in respect of such item or the contract between the user and provider.
  • Switch DXB is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of services which are unavailable.
  • Switch DXB is not required to mediate or resolve any dispute or disagreement between users.
  • Switch DXB has no control over and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of users' content or listings, the ability of providers to sell services, or the ability of users to pay for services.
  • Switch DXB does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the services proposed to be sold or purchased on the App. In particular, Switch DXB does not implicitly or explicitly support or endorse the sale or purchase of any services on the Site, nor is Switch DXB a supplier of any services sold by providers or purchased by users.
  • Switch DXB does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
  • The App may include links to third party websites that are controlled by and maintained by others. Switch DXB cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Switch DXB is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the App.
  • Users shall independently agree upon the manner and terms and conditions of service fulfillment as between each other and Switch DXB holds no responsibility in respect of such arrangements.
  • Switch DXB accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • Switch DXB excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the App.
  • You release and indemnify Switch DXB and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the App and you specifically waive any claims that you may have in this behalf under any applicable law. 

12. Privacy

Switch DXB takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Switch DXB has no control over the practices of third parties (e.g. website links to this App or third parties who misrepresent themselves as you or someone else). You agree that switch DXB may process your personal information that you provide to it for the purposes of providing the services on Switch DXB and for sending marketing communications to you, and that the Privacy Policy of this App governs our collection, processing, use and any transfer of your personally identifiable information. 

13. Breach of User Agreement

Without prejudice to any other rights and remedies of Switch DXB under this User Agreement or at law or otherwise, Switch DXB may immediately and without liability: limit your activity, remove your services, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the App:

  • If you breach this User Agreement;
  • If Switch DXB is unable to verify or authenticate any information you provide; or
  • If Switch DXB believes (in its sole discretion) that your actions may cause legal liability for you, other users or Switch DXB.

Switch DXB may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Switch DXB or use the App in any manner whatsoever until such time that such user is reinstated by Switch DXB. Notwithstanding the foregoing, if you breach this User Agreement Switch DXB reserves the right to recover any amounts due and owing by you to Switch DXB or any losses and damages caused by you to Switch DXB and to take such steps including legal action and/or the initiation of criminal proceedings against you as Switch DXB in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Switch DXB’s right to take any actions with respect to that, or subsequent or similar breaches. Switch DXB does not guarantee that it will take action against all breaches that there may be of this User Agreement.

 14. Selling Services

As a registered member of the App, you may list service(s) for sale on the App. You may only offer for sale or sell service(s) on the App in compliance with applicable laws and you must be legally able to offer for sale or sell such services under applicable laws. Listings may only include text descriptions, graphics and pictures that describe your service for sale. All listed services must be listed in an appropriate category on the App. We accept payments online using Visa/ MasterCard credit/ debit card in AED (and/ or any other agreed currencies). 

All of your listed services must be available to allow for the immediate completion of your transaction. The listing description of the service must not be misleading and must describe the actual service delivered. If the service description does not match the actual service delivered, you agree to refund any amounts in relation to that service that you may have received from the buyer. You acknowledge and agree that Switch DXB has the right to delete such multiple listings of the same item. 
Without limiting any rights or remedies available to Switch DXB under this User Agreement or at law, Switch DXB may suspend, limit or withdraw your access to the App and/or your membership of the App if you are found to have engaged in false or fraudulent activity in connection with the use of the App. As providers on the App we encourage you to post feedback on each user after each sale.

15. Providing Feedback

Switch DXB encourages users and providers on the App to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said provider. Your feedback will be displayed on the App. You cannot retract the feedback once you have left it. Switch DXB will not be responsible or liable in any way for the feedback that you post on the App. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of Switch DXB under this User Agreement or at law, Switch DXB reserves the right to suspend, limit or withdraw your access to the App and/or your membership of the App. 
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by Switch DXB, and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your Switch DXB feedback rating in any venue other than on the App. Switch DXB does not provide the technical ability to allow you to import feedback from other websites to the App because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. 

16. Withdrawal of Access and/or Membership

Without prejudice to any other rights and remedies of Switch DXB under this User Agreement or at law or otherwise, Switch DXB may limit, suspend or withdraw your membership and / or your access to the App at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

17. No Warranty

Switch DXB provides the App and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Switch DXB makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App will be error free and/or uninterrupted. Switch DXB makes no warranty that defects will be corrected or that the App or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this App may be susceptible to data corruption, interception, non-availability and delays. The App may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Switch DXB has no obligation to provide support for the App. You expressly agree that you use the App at your own risk. 

18. Limitation of Liabilities

To the extent permitted by law, Switch DXB, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the App, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Switch DXB has been advised of the possibility of such losses or damages). 
If you are dissatisfied with the App or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the App and its services as a result of your negligent act or omission would result in irreparable injury to Switch DXB and Switch DXB shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement. 

19. Indemnity

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

20. Relationship and Notice

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Switch DXB and you shall have no authority to bind Switch DXB in any manner whatsoever. 
Except as explicitly stated otherwise, any notices to Switch DXB from you shall be given by you by email to Switch DXB at legal@switchdxb.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Switch DXB by return email. Any notices to you from Switch DXB shall be given by notices posted on the App or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing. 

21. Disputes

If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. 
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Switch DXB to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Switch DXB shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so. 

22. Transfer of Rights and Obligations

You hereby grant Switch DXB the right to, and irrevocably acknowledge and agree that Switch DXB may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Switch DXB agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the App. You may not at any time, without the prior written consent of Switch DXB, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Switch DXB. 

 23. General

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Switch DXB with respect to the subject matter hereof. 
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail. 

24. Governing Law

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

The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore we encourage you to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted. 

25. Other Considerations

 

  • Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website. 
  • If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.  
  • Multiple transactions may result in multiple postings to cardholder’s monthly statement.
  • The cardholder must retain a copy of transaction records and Merchant policies and rules.