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Spotii’s General Terms and Conditions

These Terms and Conditions regulate the relationship between you and Spotii DMCC, and cover your use and access to the Platform. By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, as amended from time to time. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions.

  1. Definitions

    1. The following terms are used throughout these Terms and Conditions and have specific meanings.
      1. “Account” means the account that Users are required to create through the Platform to use the Platform Services;
      2. “Agreement” and “Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other Spotii rules, policies available on the Platform (including, but not limited to, the Privacy Policy, guidelines and procedures that may be published from time to time on the Platform);
      3. “Confirmation Order” means any and all written or electronically transmitted confirmation orders sent by Spotii to the Customer and which may include, without limitation, name of the Vendor, Payment Schedule, reference numbers, the description of the Vendor Goods, delivery date and time, Purchase Price, quantity, and any special conditions;
      4. “Content” means any content submitted, generated, featured, displayed through the Platform, including but not limited to, any Vendor Goods, text, information, correspondence, graphics, software, applications, video recordings, audio recordings, sounds, company logos, photos, designs, features, and other materials that are available on the Platform. Content includes, without limitation, User Content and Spotii’s Content;
      5. “Customer” means a person or company that contacts, engages and/or purchases Vendor Goods from the Vendor using the Platform Services;
      6. “Due Date” means the particular date on which an Instalment Payment Amount is due by a Customer to Spotii in accordance with the Payment Schedule;
      7. “Extended Repayment Plan” means the feature that enables Customers to pay for the Vendor Goods purchased using the Platform Services in instalments;
      8. “Instalment Payment Amount” means any instalment payment (including any applicable VAT) that will be made by a Customer to Spotii in accordance with the Payment Schedule;
      9. “Late Fee” means a penalty fee of AED 20 (including any applicable VAT) chargeable to the Customer the day following each Due Date in the event that the Customer fails to pay an Instalment Payment Amount by the applicable Due Date as set out in the Payment Schedule. A Late Fee associated with an Instalment Payment Amount will always be capped at the lesser of AED 40 or 25% of the Purchase Price, as set out in the Confirmation Order;
      10. “Payment Method” means the method of payment which a Customer selects to pay the amounts due, including credit card, debit card, or bank transfer;
      11. “Payment Schedule” means the schedule in which the Instalment Payment Amounts, Due Dates and any other fees, if any (which will be considered as basis for the repayment to be made by a Customer), are separately specified;
      12. “Platform” means any online tool provided, processed and/or maintained by Spotii (including, but not limited to, all subpages and subdomains, all content, Platform Services and products available at or through Spotii’s website located at http://www.spotii.me and/or its mobile application, and/or any other related domain offering access to, or facilitating the provision of, the Platform Services);
      13. “Platform Services” means the online and/or offline services provided by Spotii for the provision and use of the technology that Spotii has developed to facilitate the acquisition of the Vendor Goods;
      14. “Privacy Policy” means Spotii’s privacy practices in relation to the use of the Platform which is available at http://www.spotii.me
      15. “Purchase Price” means the price of Vendor Goods (including any applicable VAT) as set out in a Confirmation Order;
      16. “Spotii”, “we” and “us” collectively mean Spotii DMCC;
      17. “Spotii’s Content” means any content (including but not limited to, the name, trademark, and logo of Spotii; all information about Spotii and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, designs, features, and other materials) generated by and/or belonging to Spotii;
      18. “Successful Transaction” means the acceptance of a Confirmation Order by a Customer as evidenced by the payment of the first Instalment Payment Amount;
      19. “Third Party Content” means any content that belongs to or originates from parties other than Spotii, Customer or Vendor;
      20. “User”, “you” and “your” collectively mean the person, company, or organization that has visited or is using the Platform and/or the Platform Service. A User may be a Customer, a Vendor, both or neither;
      21. “User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Platform (including but not limited to, any User review, text, correspondence, photographs and videos) by the Users while using the Platform;
      22. “Vendor” means any merchant company that is the owner of the Vendor website or Vendor store from which Customers would purchase Vendor Goods using the Platform Services;
      23. “Vendor Goods” means all eligible goods and/or services of a Vendor that can be purchased by Customers using the Platform Services;
      24. “Vendor Services” means any services provided by the Vendor in relation to the Vendor Goods as may be described in the Vendor’s Terms and Conditions;
      25. “Vendor’s Terms and Conditions” means any terms and conditions of a Vendor that apply to the arrangement between a Vendor and a Customer in relation to Vendor Goods.

  2. Platform Services

    1. Spotii is an online Platform that enables Customers to acquire Vendor Goods available on the Vendor’s website or in the Vendor’s physical store by way of an Extended Repayment Plan.
    2. By using the Platform, Customers, among other things, will be able to avail of the following Platform Services:
      1. Extended Repayment Plan feature;
      2. Review their current and previous transactions;
      3. Pay for their purchases; and
      4. Easy interaction with Spotii (such as online chat and customer contact services).
    3. Spotii may provide Customers with offers and benefits from time to time, such as discounts, pre-access to products, or sales promotions. What offers and benefits a Customer will receive will be based on such Customer’s previous actions such as number of purchases, purchase amounts, or usage of Platform Services. Any such offers and benefits may be modified or discontinued by Spotii at any time without prior notice.
    4. The Platform Services are not intended for Users that are under the age of 18. Any registration by, use of, or access to, the Platform Services by any person under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By using the Platform Services, you represent and warrant that, you are at least 18 years old.
    5. Customers must accept the Vendor’s Terms and Conditions (which is a contractual relationship directly between the Customer and the Vendor) in order to benefit from the Platform Services. Customers acknowledge and agree that Spotii is not a party to any Vendor’s Terms and Conditions, and shall not be responsible for performing the obligations of the Vendor under any such Vendor’s Terms and Conditions. For avoidance of doubt, in the event of a conflict between this Agreement and the Vendor’s Terms and Conditions, this Agreement will prevail.
    6. For any purchase of Vendor Goods made using the Platform Services, the Customer unconditionally and irrevocably undertakes to pay the Purchase Price of any relevant Vendor Goods in full to Spotii in accordance with the Payment Schedule. Subject to the occurrence of a Successful Transaction and the availability of the Vendor Goods, the Vendor shall deliver the relevant Vendor Goods to the Customer in accordance with Vendor’s Terms and Conditions.
    7. Customers agree, acknowledge and understand that the delivery, and quality of any Vendor Goods are the sole responsibility of the Vendor.

  3. Changes to the Terms and Conditions

    1. You agree that Spotii may amend this Agreement from time to time, and in Spotii’s sole discretion. Although Spotii will use its best endeavours to notify you of any amendment to this Agreement, Spotii will not be required to provide you with prior notification of such amendments or changes to this Agreement.
    2. Upon any amendment or change to this Agreement, Spotii will publish the amended Agreement on the dedicated link available at the Platform. Your continued use of the Platform and/or the Platform Service after the publication date of a revised version of this Agreement constitutes your acceptance of its terms.
    3. You agree and undertake to review our Terms and Conditions each time you visit our Platform and/or prior to each use of the Platform Services. If you do not agree to our Terms and Conditions, as updated from time to time, you undertake to cease using our Platform and/or Platform Services immediately.

  4. Eligibility and Account Registration

    1. Users are required to create a personalized Account by using their name, phone number, email address and emirates ID. Users can also create an Account using their existing Facebook or Google accounts (if made available by Spotii). Each Account should have a unique username and a password.
    2. In order to use the Platform Services, you may be required to be logged into your Account and have a valid payment method associated with your Account. Each User may only hold one Account with us.
    3. Each User is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify Spotii immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. Spotii is authorized to act on instructions received through use of your Account or registration, and is not liable for any loss or damage arising from your failure to comply with this clause 4.
    4. Your Account, including any information pertaining to it (e.g. contact information, billing information, Account history, etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
    5. By creating an Account or using the Platform Services, you consent to us contacting you about your interest in our Platform Services by email, phone, or through any other contact information you have chosen to provide. Users wishing not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.
    6. Users may be required to verify their mobile number using our automated verification system in order to use the Platform Services. Any information provided in relation to this process will be subject to Spotii’s Privacy Policy. The numbers provided will be used for the purpose of identity verification and may be used by Spotii for marketing purposes. Spotii reserves the right to request additional information from a Customer (such as a valid ID copy) in order to verify Customer’s identity and decline or refund any order Spotii believes to be fraudulent. The use of a VPN, Proxy, VoIP number or any other means of concealing the true location of the Customer will lead to delays, likely ID check and possible cancellation of the associated order(s). The phone number that a Customer provided may be subject to geographic location checks in order to verify the authenticity of the order.
    7. We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Platform that violates this Agreement.
    8. You may request to close your Account at any time by contacting us at shoppersupport@spotii.me. Your request may take up to 10 business days to process. If you owe any payment to Spotii, Spotii will not close your Account until that payment has been made to Spotii. In such case, Spotii may restrict your ability to make additional transactions using your Account or reject any request to open subsequent Accounts for you. You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.

  5. Extended Repayment Plan

    1. In order to place an order using the Platform Services, Customers will be required to review and accept the Purchase Price of the Vendor Goods, a list of the Instalment Payment Amounts that Spotii is entitled to receive from the Customer and the relevant Due Dates of each Installment Payment Amount. Customers will also be required to provide their preferred method of payment, designating an eligible credit or debit card (or a bank account if made available by Spotii) as their “Payment Method”.
    2. Thereafter, Customers will place their order using the Platform, and Spotii will send a Confirmation Order to the Customer, including the agreed Payment Schedule.
    3. Spotii will collect, and the Customer undertakes to pay, the Purchase Price in four (4) equal Instalment Payment Amounts by way of the Customer’s selected Payment Method as described in the agreed Payment Schedule. The first Instalment Payment Amount, i.e. 25% of the applicable Purchase Price, shall be made by the Customer up front and the remaining three (3) equal Instalment Payment Amounts shall be made as specified in the Payment Schedule.
    4. A Customer’s payment of an Instalment Payment Amount to Spotii in relation to a Vendor Goods shall be deemed a payment made directly to the Vendor of such Vendor Goods, and the Customer’s payment obligation towards the Vendor for a Customer’s Instalment Payment Amount shall be extinguished upon receipt of such payment by Spotii.
    5. Spotii shall not charge any service fees or interest to a Customer associated with the Customer’s use of the Extended Repayment Plan, unless otherwise agreed in these Terms and Conditions.
    6. Customers shall be responsible for ensuring that they have sufficient funds via their preferred Payment Method available to make the Instalment Payments on the dates specified in their Payment Schedule.
    7. Customers agree that Spotii may establish certain minimum and maximum Purchase Prices for Customers to avail of the Extended Repayment Plan.
    8. By utilizing the Extended Repayment Plan, the Customers represent and warrant that they (i) are at least 18 years old (if the Customer is an individual); (ii) are a resident of the United Arab Emirates; (iii) are capable of entering into a legally binding contract; (iv) have a valid physical delivery address in the United Arab Emirates; (v) are authorized to use the Payment Method provided; and (vi) agree and will adhere to Spotii’s Terms and Conditions and Privacy Policy and all applicable laws.
    9. If a Customer fails to make payments in accordance with the Customer’s Payment Schedule, Spotii, in addition to implementation of the Late Fee as set out in clause 6, reserves its right to limit, restrict, suspend the Customer’s access to the Extended Repayment Plan and any other Platform Services for a period of 90 working days and/or to terminate its relationship with the Customer.
    10. We do not make any express warranty or guarantee as to the suitability, reliability or availability of the Extended Repayment Plan. You understand, acknowledge, and agree that the provision of the Platform Services to you may be subject to your credit scoring as available in Al Etihad Credit Bureau. By accepting our Terms and Conditions, you authorize Spotii to obtain your credit score from Al Etihad Credit Bureau. You further authorize Spotii to disclose your information to Al Etihad Credit Bureau to obtain your credit score from Al Etihad Credit Bureau if required. To that end, you undertake sign and deliver a Credit Scoring Authorization Letter (as provided by Al Etihad Credit Bureau) to us upon request. Failure to deliver such Credit Scoring Authorization Letter, or if your credit scoring is not sufficient (based on the sole discretion of Spotii), Spotii may restrict your ability to make additional transactions using your Account or reject any request to open subsequent Accounts for you. You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.

  6. Late Fees

    1. In the event an Instalment Payment Amount is not paid or processed on or before the Due Date as specified in the Payment Schedule, the Customer shall be liable to pay a Late Fee.
    2. Notwithstanding clause 6.1 above, the aggregate sum of the Late Fee associated with a particular Successful Transaction will always be lesser of AED40 or 25% of the Purchase Price as set out in the Confirmation Order. For avoidance of doubt, such 25% cap on the Late Fee shall be calculated based on the Purchase Price at the time of the purchase by the Customer and any subsequent discounts provided by a Vendor will not affect the calculation of the Late Fee that a Customer may owe to Spotii.
    3. The Customer hereby authorizes Spotii to collect the Late Fee by (i) debiting the Customer’s Payment Method on the Due Date, or (ii) debiting any other debit or credit card for which you have provided details, or (iii) offsetting the Late Fee against any amounts Spotii may owe to a Customer.
    4. Spotii may, in its sole discretion, delay the application of, or waive wholly or partly, any Late Fee. If a Late Fee is incurred as a result of our error, Spotii will waive or refund such fees, as applicable.
    5. If a Customer fails to make any payment when due in the manner required by this Agreement, the Customer will be deemed in default, in which case, Spotii may, in its sole discretion, request immediate payment of all outstanding and upcoming amounts due by the Customer in accordance with this Agreement. The Customer undertakes to pay all such outstanding and upcoming amounts immediately and unconditionally upon request by Spotii.

  7. Authorizations

    1. By accepting our Terms and Conditions, each Customer hereby expressly consents to, authorizes and instructs Spotii to charge the Customer automatically for any Instalment Payment Amount, Late Fee (if applicable) as well as any other recurring payments using the Customer’s preferred Payment Method on or after the Due Dates as set out in the Customer’s Payment Schedule, without the need for any notice to or additional consent from the Customer.
    2. If Spotii is unable to collect any Instalment Payment Amounts because a Customer’s specified Payment Method is declined, in addition to the authorization provided in clause 7.1 above, the Customer expressly consents to, authorizes and instructs Spotii to charge the Customer by using the Customer’s specified Payment Method to collect the total of any such missed Instalment Payment Amount as well as any applicable Late Fee. Spotii may charge such amount at any time on or after the Due Date specified on the Customer’s Payment Schedule.
    3. Customers must update their Account with all changes to their credit/debit card information or bank account information by logging into their Account. If Customers do not update their Account with changes to their credit/debit card information or bank account information and Spotii is unable to charge their credit card or receive funds from their bank account for the due amounts, the Customers will be subject to Late Fees in accordance with clause 6.

  8. Cancellations, Refunds and Other Adjustments Subsequent to Purchase

    1. Customers agree that any order that they place utilizing the Extended Repayment Plan is subject to Spotii’s approval. Spotii may, in its sole discretion, not provide the Extended Repayment Plan to a Customer, or cancel a Successful Transaction before the Vendor Goods are delivered or supplied for any reason including but not limited to your history of transactions with the Platform or to prevent against fraud, legal, regulatory or avoid any non-payment risk.
    2. In the event a Successful Transaction is cancelled by us for any reason whatsoever, the Customer will receive a full refund of any amount the Customer has paid by way of the Payment Method or, if that is not possible, to any other payment source as directed by the Customer (and approved by us), and Spotii will cancel any future payments related to that particular order. In such cases, the Vendor will not be obliged to deliver the Vendor Goods or provide the Vendor Services, and the Customer will have no obligation to make any further payments to us in relation to that particular order.
    3. In the event a Customer requests a refund or a return of the Vendor Goods that have been purchased using the Platform Services, the Customer will directly arrange the return or refund with the Vendor and ensure that the Vendor Goods are returned according to the Vendor’s return policy or other instructions. Any return or refund must be completed within the period specified and in the manner required by the Vendor’s return policy or as otherwise permitted by the Vendor. For avoidance of doubt, Spotii shall not be liable to make any refund to the Customer if such refund has not been processed and approved by the Vendor where applicable.
    4. If the refund policies of a Vendor permit refunds to be made later than ninety (90) days after purchase, Spotii shall have no liability to the Customer in respect of refunds made later than ninety (90) days after purchase. The Customer agrees that the Customer shall deal directly with the Vendor with respect to such returns and the associated refund. Any assistance that Spotii may provide to the Customer for any refunds or discounts for such Vendor Goods shall be at the discretion of Spotii. For avoidance of doubt, Spotii shall not be liable to make any refund to the Customer if such refund has not been processed and approved by the Vendor where applicable.
    5. The Customer agrees that the Customer will remain liable for the full payment of the Purchase Price for the Vendor Goods, until the Vendor has confirmed the return of the Vendor Goods and has issued a refund for those Vendor Goods. For avoidance of doubt, during this time, Spotii may continue to process any Instalment Payments Amount and Late Fees in accordance with the Due Dates set out in the Customer’s Payment Schedule. The Customers shall only be entitled to receive a refund for amounts that they have actually paid to Spotii in accordance with this Agreement.
    6. We may adjust a Customer’s Payment Schedule (including to reduce or cancel any future payments, if necessary), once the Customer’s price adjustment request has been approved by us and the Vendor.

  9. User Conduct Rules and Restrictions

    1. Customers agree to provide any information or documentation reasonably requested to verify their identity in connection with their order. Customers hereby authorize Spotii to make, directly or through third parties, any inquiries necessary to verify their identity and assess your capability to make payments according to the Payment Schedule in relation to all orders placed using the Extended Repayment Plan.
    2. Customers also undertake to provide Vendors with any and all information and documentation that may be necessary for the performance of the Vendor Services.
    3. Upon occurrence of a Successful Transaction, the Customer agrees and acknowledges that the Customer shall directly engage with the Vendor and receive the Vendor Goods from the Vendor and that the Vendor shall solely be responsible for the Vendor Services and all related services.
    4. In no event the Customer shall approach the Vendor directly outside of the Platform for the extension of a Due Date.
    5. All Users undertake to treat each other respectfully and use their best endeavours to ensure that each transaction is conducted in a professional manner.
    6. Users agree that they will not, under any circumstances, transmit any Content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, anti-national, anti-governmental, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Platform or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Spotii and/or any third party; (vi) infringes on any proprietary right of Spotii and/or any third party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of Spotii’s employees or representatives; or (viii) violates the privacy of Spotii and/or any third party.
    7. By accessing and/or using the Platform and/or the Platform Services, Users represent and warrant that: (i) they have the authority to validly enter into and/or be bound by this Agreement; (ii) their use of the Services will be solely for lawful purposes that are permitted by this Agreement; (iii) their use of the Services will comply with all UAE local and federal laws, rules, and regulations, and with all of Spotii policies; as amended from time to time.
    8. Spotii has the right to, in its sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms and Conditions. You agree that Spotii has the right to terminate or deny access to your use of any Platform Service for any reason, with or without prior notice.

  10. Content

    1. We are not responsible for any display or misuse of your User Content. You are solely responsible for the content of, and any harm resulting from, any User Content that you submit, post, upload, link to or otherwise make available on the Platform while using the Platform Service. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.
    2. From time to time, Users may submit reviews of Vendors that they worked with and their experience with Spotii; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Vendor Service and/or Platform Service. Spotii shall be under no obligation to display such reviews and may remove such reviews at any time at its sole discretion. Spotii will have no responsibility or liability of any kind for any review you encounter on or through the Platform, and any use of or reliance on such reviews is solely at your own risk.
    3. All Content posted on the Platform, such as blog posts or reviews, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.
    4. Users represent and warrant that they have the right to post all User Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to User Content (if applicable), and have taken all steps necessary to pass through to end users any required terms.
    5. Users agree and acknowledge that Spotii has the right to, in its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these Terms and Conditions, or refuse or remove any User Content that, in Spotii’s reasonable opinion, violates any Spotii policy or is in any way harmful, inappropriate, or objectionable. You further agree that Spotii has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform.
    6. Except for Content that originates from Spotii, Spotii does not claim ownership of any Content that you post, upload or link to the Platform. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation photos, videos, recordings, company logos and reviews via the Platform, you however expressly grant Spotii and Spotii’s successors a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, publish, reproduce, display, modify, adapt, and distribute such Content in connection with Spotii’s business and marketing purposes.

  11. Third-Party Content

    1. As part of the Service, Spotii may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and Spotii has no control over third party platforms or content or the promotions, materials, information, goods or services available on them. Spotii is not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and other policies no longer govern.
    2. For avoidance of doubt, this Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.

  12. Intellectual Property

    1. Spotii retains ownership of all intellectual property rights of any kind related to Spotii Content, the Platform and the Platform Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Platform Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Spotii or third-party intellectual property, and all right, title, and interest in and to such intellectual property will remain (as between the parties) solely with us. Spotii reserves all rights that are not expressly granted to you under this Agreement.
    2. Specifically, Spotii, www.spotii.me, and all trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Platform Service are registered trademarks of Spotii; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Spotii.
    3. If you believe that any material located on or linked to the Platform violates your copyright or other intellectual property rights, please notify us at info@spotii.me. Spotii will terminate a User’s access to (and use of) the Platform if, under appropriate circumstances, a User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Spotii or others without necessary rights and permissions.

  13. Email Communications

    1. We use email and electronic means to stay in touch with our Users. You agree and understand that Spotii may send you emails about future Vendor Goods, Vendor Services, Platform Services and/or updates on our Platform Services.
    2. For contractual purposes, Users (i) consent to receive communications from Spotii in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Spotii provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clauses no.13.2(i) and no.13.2(ii), the Users undertake to comply with clause no. 17.5 for any notification purposes.

  14. Termination

    1. If you wish to terminate this Agreement, you may simply discontinue using Spotii. If you wish to delete your Account data, please contact Spotii at shoppersupport@spotii.me. Spotii will retain and use your information as necessary to comply with Spotii’s legal obligations, resolve disputes, and enforce Spotii’s agreements, and Spotii will delete your full profile to the extent possible (if applicable).
    2. Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties hereto that have accrued up to the date of termination. Termination of this Agreement shall not release the Customer from any obligation to pay Spotii any amount that has accrued or becomes payable at or prior to the date of termination.
    3. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  15. Disclaimer of Warranties

    1. While Spotii tries its best to verify Vendors’ information, conduct a due diligence and use commercially reasonable efforts to confirm any information provided by Vendors, Spotii does not make any warranty, guarantee, or representation as to any Vendor and/or Vendor Goods. Vendors’ information and Vendor Goods will be available to you on the Vendors’ websites or physical stores and you agree to independently review, research and evaluate any Vendor and/or Vendor Goods.
    2. We make no representation or warranty that the Platform Services and/or Vendor Service will meet your requirements; that the Platform Service and/or Vendor Service will be available at any particular time or location, that the Platform Service and/or Vendor Service will function in an uninterrupted manner or be secure; or that any defects or errors will be corrected. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Platform Service and/or Vendor Service.
    3. You are solely responsible for all of your communications and interactions with other Users with whom you communicate or interact as a result of your use of the Platform Services. You understand that Spotii is not required to screen or inquire into the background of any User, nor does Spotii make any attempt to verify the statements of Users. Spotii makes no representations or warranties as to the conduct of other Users. Spotii has no control over and does not guarantee the quality, availability and delivery of any Vendor Goods. You agree to take reasonable precautions in all communications and interactions with other Users and with other persons with whom you communicate or interact as a result of your use of the Platform Services.

  16. Release and Indemnification

    1. Users agree to indemnify and hold harmless Spotii from and against any and all claims, demands, actions, losses, damages, assessments, charges, third party liabilities, costs and expenses which may arise as a result of (i) the Users’ use of the Platform and the Platform Service or violation of this Agreement; or (ii) any loss of profit, property or business reputation, or otherwise that may be caused as a result of User’s use of any Platform Service or Vendor Services; or (iii) errors, mistakes, or inaccuracies of User Content, and/or information available on or through the Platform; or (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted by a User to or through the Platform; or (v) any dispute, conflict or disagreement between a Customer and a Vendor or a third party in connection with any Platform Services or Vendor Services.
    2. You hereby release Spotii from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of a dispute with a Vendor.
    3. Users agree that Spotii and each Vendor jointly and severally have the power to file and pursue lawsuits against any User in respect of any claims, demands, actions, losses, damages, fines, charges, liabilities, costs and expenses which have been suffered or incurred by Spotii or the Vendor, directly or indirectly, and that have been caused by the User as a result of the User’s use of any Platform Service and/or Vendor Services.
    4. Users agree that in no event will Spotii be liable, responsible or otherwise, to you or to third parties for any damages or losses that may arise from (i) the failure, interruption or disruption of any service to maintain a User’s access to the Platform or the Platform Services, regardless of whether the service is provided by Spotii or a third party or (ii) the quality, accuracy, timeliness, reliability, safety, performance of a Vendor, Vendor Services, Vendor Goods and/or the Platform, completeness or delays, breach, omissions, or interruptions in the delivery of any Platform Services, Vendor Services or Vendor Goods; or (iii) errors, mistakes, or inaccuracies of any Content, Spotii’s Content and/or information available on or through the Platform, or (iv) any unauthorized access to or use of Spotii’s servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Spotii’s servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, or (v) any failure or delay in the execution of any transactions through the Platform and/or the Platform Services or, (vi) any dispute, conflict or disagreement between a Vendor and a Customer or third parties in connection with any Platform Services, Vendor Services, a Confirmation Order cancellation, or any changes to a Confirmation Order, discount, refund, replacement or otherwise; and (vii) any refund, return, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or otherwise that may occur to a User as a result of User’s use of any Vendor Services and/or Platform Services.

  17. Miscellaneous

    1. Governing Law: This Agreement between you and Spotii and any access to or use of the Platform and/or the Platform Services are governed by the federal laws of the United Arab Emirates. Any dispute which may arise between a User and Spotii pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which Courts of Dubai shall be the competent authority to settle the same.
    2. Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Spotii to enforce any provision of this Agreement will not be considered a waiver of Spotii’s right to enforce such provision. Spotii’s rights under this Agreement will survive any termination of this Agreement.
    3. Assignability: Spotii may assign or delegate its rights or obligations under these Terms and Conditions and/or Spotii’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations under the Terms and Conditions or Privacy Policy without Spotii’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.
    4. Notices to Users: Reports, statements, notices and any other communications may be transmitted by Spotii to Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by Spotii to User to the email address specified in the User’s Account.
    5. Notices to Spotii: Reports, statements, notices and any other communications may be transmitted by a User to Spotii at info@spotii.me. All communications and notices shall be deemed to be received or served (as applicable) to Spotii when electrotonically received by Spotii at info@spotii.me.
    6. Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.
Effective as of January 31, 2020.