Sellers Terms And Conditions

Beyond The Mall FZ LLC: Online marketplace terms

1. Who we are and how to contact us

We are Beyond The Mall FZ-LLC trading as Beyond The Mall, a limited company (registration number 45008039). We are based at FDBC2584, Compass Building, Al Shoada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah. Beyond The Mall FZ-LLC maintains the https://www.beyondthemall.me Website (the or our "Site”) and United Arab of Emirates is our country of domicile.

Telephone: +97152214696 Email: hello@beyondthemall.me

2. Becoming a seller on Beyond The Mall

How to apply and our agreement with you

You can apply to become a seller on our online marketplace here: www.beyondthemall.me/sellerform/account/register/

During the application process:

● You and we agree to only use and disclose the other's confidential information as necessary for making and considering your application and to comply with the restrictions in these terms and conditions regarding confidential information.

● Insofar as you have access to our systems you agree to comply with all relevant restrictions in these terms and conditions.

A legally binding agreement between you and us governed by all of these terms will come into force when we accept your application or when you have a product listing on the Site, whichever is earlier. This shall also include our Brand Guidelines, which set out how to list and market products here: and here.

Your warranties about the information you give

You represent and warrant that:

● You are over 18 years old, and are and will remain, established in United Arab Emirates.

● The information you provide to us in connection with your application to become a seller on Beyond The Mall is complete and accurate and you'll promptly notify us of any changes to it and keep the supplier profile you create on our supplier interface up to date.

● Any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents.

● You have and will maintain valid licenses and regulatory approvals to enable you to conduct business in the UAE and promptly notify Beyond The Mall of any changes to these.

● You have and will maintain valid product liability insurance.

Our rights to verify the information you give us and your compliance with these terms

We may at our option at any time require you to promptly provide us with reasonable evidence that any information you've given us is true and up to date and that such information and your behaviour is in compliance with these terms. You permit and instruct us to collect information about you and in connection with your performance of this agreement (including without limitation the products you list on Beyond The Mall) and disclose it to tax or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.

Our communications with each other

When we accept your application to become a supplier we'll give you access to our supplier interface. We'll generally use our supplier interface to tell you about customer orders, questions, cancellations and complaints and also other things about our service, such as changes to these terms and our policies. We may also contact you via telephone, email or other methods. You should use our supplier interface to get in touch with us wherever possible, but we may also give you other ways of contacting us.

Your communications with customers

You must always use the supplier interface to communicate with customers who have ordered with you through Beyond The Mall or enquired about your products through Beyond The Mall. Where this is not possible (for example, where a customer, having ordered through Beyond The Mall finds and calls you directly), you should enter accurate details of any communications with customers on the supplier interface. This helps us to keep a full record of all communications in relation to any transaction, in case there are any disputes. If a customer contacts you about your products through Beyond The Mall you mustn't in any way ask or encourage the customer to buy those products (or repeat orders for those or similar products) either directly from you or from another source.

Your use of our systems

You may only use our supplier interface and the other computer systems that support, operate and comprise Beyond The Mall for listing and selling your products and communicating with us and your customers as envisaged in these terms. You agree to use all reasonable security practices to prevent unauthorised access or damage to our systems. These practices include but are not limited to:

● Making sure any devices you use to access our systems have up to date anti-virus protection and not introducing any viruses into our systems .

● Ensuring that your log-in details and passwords for our systems:

● are only used by your employees and subcontractors approved by us (as set out in What happens if you want to transfer your rights and obligations under this agreement (including by using subcontractors)), who in each case are required to comply with the rules set out in these terms and conditions;

● are not shared between users; and

● are changed as and when prompted by our systems and in any event no less frequently than every 3 months.

● Telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our systems has been compromised in any other way.

Except as permitted by any applicable law which you and we can't agree to exclude, you mustn't:

● Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our systems in any form or media or by any means.

● Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our systems.

● Access all or any part of our systems to build a product or service which competes with them.

● Use our systems to provide services to third parties or allow or assist third parties to access our systems.

● Create multiple accounts to avoid restrictions.

Creating your supplier profile and listing products on Beyond The Mall

You must create a supplier profile on Beyond The Mall. Once you've done this you can create listings to sell your products on Beyond The Mall through our supplier interface. You represent and warrant that you'll:

● Only list products in line with our Brand Guidelines.

● Only create listings for products we've approved in writing which are not prohibited products.

● Only list products which comply with all applicable legislation and regulations affecting their manufacture, sale, safety, packaging and labelling and don't infringe third party trade marks or other intellectual property rights.

● Only list products which are safe and authorized for sale. You cannot list products that we reasonably believe to be unsafe. We may require product safety documentation before permitting you to list certain products.

● Only list products which are already in the United Arab Emirates at the time of their sale to customers. You are not permitted to list products which will be imported into the United Arab Emirates on or after their sale to customers, as this has VAT and customs implications for both you and us.

● Only list products which are not fake, counterfeit or stolen.

● Include in your listings, or where appropriate your supplier profile, all the information about you and your products and how you'll fulfil orders that is needed to comply with consumer protection law, as well as any relevant safety information about your products. You're responsible for making sure you comply with the law.

You must ensure that your supplier profile and the listings for your products:

● Comply with our acceptable use policy, which bans things such as obscenity and defamation.

● Only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on Beyond The Mall and to license to us as set out in these terms and conditions.

● Are in the English language and be clear and comprehensible.

● Display real-time information about how many of each product you have in stock, ready to dispatch. You must delist any products that are not in stock, save that you may continue to list products which will be available within the next 7 days, provided they are marked "out of stock" and the date when they will be in stock is shown.

● Display your valid VAT registration number.

● Don't use any search engine optimisation techniques which breach search engines' guidelines or involve deception.

Pricing your products (including VAT and packaging and delivery charges)

Pricing needs to be approved by Beyond The Mall prior to listing. Please allow a reasonable time for revised prices to be displayed on Beyond The Mall. We'll charge customers the price shown on Beyond The Mall at the time they submit their order.

Your prices must be inclusive of the following:

● Supply VAT.

● Non-optional packaging and other charges.

● Any import VAT and customs duties, clearance charges, taxes, brokers' fees and other amounts payable in connection with your importation of goods prior to their sale to customers.

● Delivery charges.

What happens when we invite you to join marketplace promotions

We may invite you to participate in promotions on Beyond The Mall, for example, by paying us for a more visible listing or offering discounts. The terms of such promotions will be available through the supplier interface and by submitting any of your products for such a promotion you agree to the relevant terms.

How we use other sales channels and affiliates to market your products

We use additional channels and affiliate programmes to market your products, as sold on our site. How we offer customers goods and services which complement your products

When a customer is ordering your products on Beyond The Mall, we may offer them complementary goods or services being sold by us or on our behalf. We don't allow you to offer the same complementary goods or services to customers for your products.

We (or businesses we control) also sell products on Beyond The Mall. In addition, how we sell your products may differ from how we sell other businesses' products.

Platform availability

We aim to make the supplier interface available to you and Beyond The Mall available to customers on a 24/7 basis. We reserve the right to take some or all of our systems offline as reasonably required for routine and emergency maintenance or repairs. We'll give you as much notice of such downtime as is reasonably possible. All communications using the internet may be affected by events outside our reasonable control.

Dealing with customer orders, refunds and complaints

What we do when a customer orders

Customers ordering products from Beyond The Mall must click to accept our standard customer terms, which are linked to the checkout page.

When a customer orders one of your products from Beyond The Mall, we, acting as your agent in your name and on your behalf, will:

● Take payment for customer orders for your products. Once payment is complete, send the customer an order acknowledgement and acceptance email in our standard format.

● Promptly inform you of the customer order via the supplier interface.

● If you tell us that you can't fulfil an order, send the customer an order cancellation in our standard format and we will issue a refund to the customer.

Our order acceptance email will serve as the customer's supply VAT receipt issued in your name and on your behalf. Our email will include all the information about the ordered product which you've included in your product listing as well as separately showing the UAE supply VAT collected as part of the order. You're responsible for ensuring that this information meets legal information requirements and for compliance with all applicable legal, tax and regulatory requirements in connection with any customer VAT receipt issued in your name.

What you must do when we tell you about an order

When we tell you about an order you must:

● Using the supplier interface, tell us as soon as possible, and in any event within 24 hours, if you won't be able to supply the product.

● In all other cases, subject to the supplier interface confirming that payment has been received from the customer, supply the product to the customer in the way and within at least the timescale set out in your product listing. You must let us know via the supplier interface when you're ready to despatch a product and we will send the customer a confirmation of order despatch.

Dealing with customer questions about orders

You must deal promptly and professionally with any customer questions about orders using the supplier interface chat function on the Site. You must liaise with us if the question relates to any part of the process we're involved in. You and we will co-operate with each other in trying to resolve any such questions. All your interactions with customers must comply with these terms and conditions.

Dealing with customer cancellations and refunds

A customer will contact you via the supplier chat interface on the Site in order to make an order cancellation. For products, which are refundable as per your product listing page, cancellations may be made within 24 hours of the customer placing the order. Cancellations shall not apply to any products, which are non-refundable, unless your listing page states otherwise.

When a customer contacts you directly to cancel an order, you must comply with the returns and refunds policy in these terms and any further commitments you've made in your product listing or other marketing or advertising. Notwithstanding your returns policy as set out in your product listing shall not permit returns to be made 14 days following the date on which the order was placed.

We will only release refunds to customers on instruction from you that you have received the returned product.

If the customer requests a product return after the period referred to in your product listing due to the product being faulty or defective, you will be responsible for product refund, replacement and associated delivery costs.

Your product listing will need to state if the product is non- refundable. Non refundable items shall include, but not be limited to:

● Personalized or custom-made items in accordance with customer specifications, which cannot be resold by you;

● Perishable products such as flowers and food;

● Discounted items or gift cards;

● Personal items such as earrings or beauty products.

How customers are refunded

If a customer requests a refund or you instruct us to refund a customer on your behalf following them contacting you, we'll do so provided we can deduct such sums from money due from us to you. We are not obliged to refund more than the sums collected from the customer at checkout. If we can't deduct such sums from money due from us to you, we may either require you to refund customers directly or choose to refund customers ourselves and you must pay us the sums we refund in this way.

How you must handle customer complaints

We'll tell you if a customer complains to us about you or one of your products, including any complaints that products have not been delivered or that cancelled orders have not been refunded and provide you with all relevant details about the complaint. You must deal with complaints we tell you about, and any complaints you receive directly from customers, in a way that complies with consumer law and honour any additional commitments or guarantees you've made in your product listing or other marketing or advertising.

If, in relation to any dispute with a customer, you don't engage in dispute resolution, as required by these terms and in good faith, then we may refund and/or compensate the customer on your behalf. We can also do this if you don't abide by any commitment you've made during dispute resolution, any settlement reached through mediation or any ruling made by a court or other competent authority. Refunds will be handled as set out in “How customers are refunded”. You must reimburse us for payments made in compensation.

How customer reviews are collected and displayed

We and you agree to use our best efforts to make sure that customer reviews on Beyond The Mall are from customers who have bought products and tried them and who are not connected with the relevant supplier or in any way encouraged or incentivised to post a favourable review.

We use the supplier interface to invite customers to whom your products have been delivered to review your products and to remind them of this invitation.

Suppliers will be reviewed by a star rating relating to matters such as delivery and communication, as ranked by customers.

You mustn't directly or indirectly contact customers (whether through the supplier interface or using any other contact details you have for customers) either to encourage them to submit any review or a favourable review or to change or withdraw a review. You must not encourage customers to submit reviews of products they have purchased on Beyond The Mall anywhere other than on Beyond The Mall.

Access to and use of data generated through use of Beyond The Mall

Your own and your customers' use of Beyond The Mall will generate data (including personal data), about orders, customer queries, ratings and reviews for your products, and other matters. These terms set out the extent to which and under what conditions we'll access this data ourselves (including the data categories) and give you access to this data and how we'll do this.

We share data generated through your own and our other suppliers' use of Beyond The Mall with all the suppliers using Beyond The Mall and third parties. What data we share in this way and how we do this is set out in these terms. In particular, you should know that we monetise some of this data in the ways explained in the policy. You may switch off certain aspects of this data sharing in your supplier profile but this will only affect data generated after you've made this choice (and you must allow a reasonable time for us to process this change).

3. Fees and commission on your product sales

What we pay you for products sold on Beyond The Mall

We'll pay you the sums received by us from customers for your products less:

Our commission and any VAT applicable to it.
Any fees (and any VAT applicable to them) or other sums we've invoiced you for and which are unpaid at the time we pay you, whether or not the due date for payment has arrived.
- Any sums owed to us in connection with any third party claim which are unpaid at the time we pay you.
We charge customers in UAE Dirhams and account to you in UAE Dirhams.

You must account to the Federal Tax Authority for any VAT due on UAE sales of your products on Beyond The Mall and fully comply with your tax obligations in connection with the use of our services and the offer and sale of your products on Beyond The Mall including the collection, reporting, filing and payment of any and all applicable taxes (such as VAT, plastic packaging taxes and duties) and other governmental assessments.

When we pay you

Payments will be transferred to the Vendor’s registered bank account after the order is successfully completed, subject to any returns, cancellations, or dispute resolutions.

The estimated settlement timeline is T+16 to T+46, where “T” represents the transaction date on which the customer made the payment.

We will send you a statement of the sums due to you and how they have been calculated and provided your vendor balance is over AED 50, credit such sums to the bank account you've notified to us via the supplier interface on the Site

When you must pay our invoices

You must pay any invoices we submit to you within 14 days of receipt.

Orders from outside United Arab Emirates

Beyond The Mall only displays information to customers in the English language, only accepts payment in UAE Dirhams and only permits customers to enter delivery addresses in the United Arab Emirates and we make this clear to customers. Beyond The Mall also has an .me web address. Despite our taking these steps, customers from outside United Arab Emirates may succeed in ordering your products from Beyond The Mall. Customers from outside United Arab emirates may have rights under their local laws which apply as well as or instead of their rights under UAE law and our standard terms for consumers. If you don't wish to accept such orders, it is your responsibility to reject them as indicated in these terms and conditions.

4. Using each other's branding and other intellectual property rights

Your use of our branding

You may publicise your listings on Beyond The Mall outside Beyond The Mall, for example, on social media. In doing so you must take care not to in any way suggest that you or your listings are endorsed, controlled or created by Beyond The Mall. You can share the urls for your listings and supplier pages and state that your products can be bought on Beyond The Mall. However, you can't use the Beyond The Mall stylised name or logos either on their own or in combination with another word or use the Beyond The Mall name in your social media profile name or photo. You also can't create content with the same look or feel as that of Beyond The Mall. As soon as reasonably possible after this agreement ends and in any event within 7 days, you must remove any content that suggests you sell on Beyond The Mall from any places you control and use your best efforts to remove such content from any places owned by any third parties.

Our use of your branding and other intellectual property rights

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trade marks and branding) you provide to us in connection with you and your products (your materials) for the purposes of listing and selling your products on Beyond The Mall and through the sales channels and affiliates described in How we use other sales channels and affiliates to market your products and operating, improving and marketing Beyond The Mall in any media.

As soon as reasonably possible after this agreement ends, we'll stop all use of your materials on Beyond The Mall and in the sales channels and affiliates described in How we use other sales channels and affiliates to market your products. However, we reserve the right to continue using your materials for the purposes and period set out in these terms.

5. Suspension of listings, ending this agreement and disputes

When we'll suspend your listings or end this agreement

We can suspend or restrict any individual listing you make on Beyond The Mall if we become aware, or have reason to believe, that what you've told us about your product or said about your product in the listing for it is not true or up to date or that the product or the listing doesn't comply with these terms, including our policies or is otherwise unlawful.

We can end this agreement and your rights to use Beyond The Mall for any of the following reasons:

● You've not complied with these terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated.

● You've not paid one of our invoices by the due date .

● You've become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk.

● We reasonably consider that our continuing to provide services to you could expose Beyond The Mall to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on Beyond The Mall's reputation or the other suppliers selling on Beyond The Mall.

● We decide to stop providing Beyond The Mall or to stop selling your type of products on Beyond The Mall.

● We reasonably determine, or receive information or notice from any tax authority, that you are not meeting your tax obligations.

We'll give you at least 30 days' notice that we are ending this agreement unless:

● Our legal, tax or regulatory obligations require us to end this agreement without such notice.

● It's imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your products are unsafe or counterfeit or present a danger to minors or if we reasonably suspect you of fraud or of using Beyond The Mall to spam others.

● You've broken this agreement.

If we're suspending or restricting an individual listing or ending this agreement, we'll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you've broken. If we're acting in response to a notification from someone else, we'll also share the contents of that notification with you. However, we won't give you such a statement if:

● We're subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.

● We're ending this agreement because you've broken it.

We'll send our statement to you via email.

How to complain if you're not happy with our services including any decisions we've taken

If you want to complain about our services or the way we've treated you, including because you disagree with us refunding or compensating a customer, restricting or suspending a listing for your products or ending this agreement, please contact us directly on hello@beyondthemall.me. You and we agree to try our best to resolve all complaints amicably. If we can't resolve your complaint in this way, either of us can request mediation. In addition, we are both able to bring legal action at any time.

How you can end this agreement

You can end this agreement with immediate effect by giving us notice, via email, for any of the following reasons:

● We've not complied with these terms, including the policies referred to in them and our non-compliance is more than trivial or is repeated and (if our non-compliance is remediable) we've not remedied it within 30 days of you asking us to do so.

● We've become insolvent or we suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of our business or our financial position deteriorates to such an extent that you think our ability to fulfil our obligations under this agreement is at risk.

You can also end this agreement if you decide to stop using Beyond The Mall for any reason, including because you're not happy with changes we're making to these terms. In these situations, you must give us notice that you are ending this agreement, using the supplier interface, as follows:

● Upcoming changes. If you're ending this agreement because we've told you about an upcoming change to these terms, you normally have a right to end this agreement 30 days of us telling you about the change and the agreement will end at the end of those 30 days. The exceptions are that you can't end this agreement in this way because of a change if:

● You've listed new products on Beyond The Mall after being told about the change (although this will not prevent you from ending this agreement for a significant change).

● You've previously told us that you accept the change.

● Any other reason. If you're ending this agreement for any other reason, you must give us at least 30 days’ notice that you're stopping use of Beyond The Mall.

Your obligations after this agreement ends

After this agreement ends (for whatever reason) you must (unless we tell you otherwise):

● Immediately remove any listings for your products from Beyond The Mall.

● Leave your customer facing supplier profile (excluding listings for your products) live until 30 days after your fulfilment of the last order you received through Beyond The Mall, to allow customers to contact you about orders previously submitted. Once this period has expired you must remove your customer facing supplier profile.

● Continue to comply with these terms insofar as they relate to customer orders received through Beyond The Mall before removal of your product listings. You need only comply with the version of these terms which applied when this agreement ended.

Our obligations after this agreement ends

After this agreement ends (for whatever reason) we:

● May remove all listings for your products from Beyond The Mall, if you've not already done so, and reject any order received after this agreement ends.

● May remove your customer facing supplier profile from Beyond The Mall, if you've not already done so, except that we can keep it live until 30 days after your fulfilment of the last order you received through Beyond The Mall, to allow customers to contact you about orders previously submitted.

● Will continue to comply with these terms insofar as they relate to customer orders received through Beyond The Mall before removal of your product listings, including by paying sums due to you for such orders. We'll comply with the version of these terms which applied when this agreement ended.

● Will stop giving you access to data (including personal data) generated by your use of Beyond The Mall.

6. Limitations on liability and platform availability

Meaning of liability in these terms

When we talk about liability in these terms we mean every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Liabilities neither you nor we limit or exclude

Nothing in these terms limits any liability (whether yours or ours) which can't legally be limited, including but not limited to liability for:

● Death or personal injury caused by negligence.

● Fraud or fraudulent misrepresentation.

● Breach of any implied terms under law.

The limitations and exclusions set out in this agreement don't apply in respect of:

● Any liability arising from your or our deliberate default.

● Your liabilities to us under (Claims and actions against us in connection with you or your products).

Types of loss you and we exclude liability for

Except in respect of Liabilities neither you nor we limit or exclude, we won't be liable to you and you'll not be liable to us for:

● Loss of profits.

● Loss of sales or business.

● Loss of agreements or contracts.

● Loss of anticipated savings.

● Any indirect or consequential loss.

Caps on your and our liability to each other

Except in respect of Liabilities that we cannot exclude, our total liability to you is capped to AED 10,000.

Payment of uncapped liabilities shall not reduce these caps.

Deadline for us to make claims against each other

Unless either of us notifies the other that they intend to make a claim in respect of an event, the notice period for an event starts on the day on which the party claiming became, or ought reasonably to have become, aware of their having grounds to make a claim in respect of the event and expires 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

7. Claims and actions against us in connection with you or your products

Dealing with claims against us

We'll pass on to you any complaints we receive about you or one of your products as described in How you must handle customer complaints. However, if anyone, including (but not limited to) a customer, any regulator, the Federal Tax Authority, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

● Your products, their importation to the UAE and their supply through Beyond The Mall.

● Content you've uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your product listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.

● Things we have or haven't done in reliance on information you've provided (or omitted to provide) to us, including our exercise of rights you've granted to us.

● Things you have or haven't done including but not limited to any breach of these terms and our policies.

(a third party claim), then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

Compensation for claims against us

You must pay us an amount (calculated on a full indemnity basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other professional costs and expenses (liabilities) we incur arising out of or in connection with any third party claim. We accept no liability for you or any of your business activities and products listed or sold on our platform, except as required by law in the UAE.

8. Product recall and product liability insurance

Your and our record-keeping obligations

You and we agree to maintain appropriate, up-to-date and accurate records to enable the immediate recall of any of your products from the market. These records shall include details of deliveries to customers (including delivery date, name and address of customer and telephone number and email address if available). You must also keep records of batch numbers, where appropriate.

Responsibility for product recall

You are liable to customers for the product recall of any of your products. We will provide you with information we hold about customers and your products sold to them as reasonably necessary to assist you with your product recall obligations.

If we ask you to, you must give us evidence that you have promptly complied with your product recall obligations. If you don't do this within a reasonable time, we can do what we think appropriate to protect customers, including contacting customers to alert them to safety issues or recalling the product and refunding customers what they paid for it. You must cooperate with us in doing this and reimburse us all Liabilities we incur in connection with any recall of your products.

We can notify customers and others about unsafe products

We may suspend or restrict listings for unsafe products as set out in these terms and notify the customers and the public of what we have done and why, by whatever means we consider appropriate. We may also include safety warnings about products as part of your product listings. We may use information from customer complaints about your products and customer reviews when assessing the safety of your products, require further information from you about the issues reported and share such information with regulatory and other governmental authorities.

You must have product liability insurance

You must maintain product liability insurance procured from an insurer licensed in the UAE covering your products for as long as they are listed on Beyond The Mall and for one year after they stop being listed. You must provide a copy of the insurance policy and proof of payment of the current premium to us when we ask for it.

9. Data protection obligations

How we and you treat personal data we share with each other

We'll process your personal data in accordance with our data protection policy in these terms.

We and you may share with each other the following types of personal data we've collected in connection with this agreement (shared personal data):

● Names, addresses and contact details of customers for your products.

● Information about customer orders for your products, including any personalisation requests.

● Information about customer queries and complaints in relation to orders.

● Information about customer searches and activity on the site.

● Information about our respective employees.

● Information about individuals working with other organisations that we or you work with.

We and you agree that we shall only process shared personal data which we receive from the other for the following purposes:

● Fulfilling orders for your products.

● Dealing with queries and complaints from customers about your products.

● Marketing our products and services to customers, subject to appropriate consents to marketing being in place and in your case subject to these terms.

● Dealing with each other's employees and individuals working with other organisations for the purposes of operating this agreement.

Both we and you shall comply with all the obligations imposed on a controller under UAE data protection law. If either we or you fail to do so, the other can end this agreement, as set out in these terms.

Both we and you will:

● Ensure that all necessary notices, consents and lawful bases are in place to enable lawful transfer of the shared personal data to the other as well as to their employees and the entities they use in connection with this agreement (permitted recipients).

● Give full information to any data subject whose personal data may be processed under this agreement about the nature of such processing. This includes giving notice that, when this agreement ends, personal data relating to them may be retained by or transferred to one or more of the permitted recipients, their successors and assignees.

● Not disclose or allow access to the shared personal data to anyone other than the permitted recipients.

● Ensure that all permitted recipients are subject to written contractual obligations concerning the shared personal data (including obligations of confidentiality) which are no less demanding than those imposed by this agreement.

● Ensure that appropriate technical and organizational measures are in place to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data . Such measures shall include, but not be limited to, those set out in these terms.

● Not transfer any shared personal data received outside the UAE without ensuring that

● the transfer is to a country approved under UAE data protection law as providing adequate protection;

● there are appropriate safeguards or binding corporate rules in place, pursuant to UAE data protection law;

● we or you (as appropriate) otherwise comply with all the obligations imposed under UAE data protection law by providing an adequate level of protection to any personal data that is transferred; and

● one of the derogations for specific situations in UAE data protection law applies to the transfer.

Both we and you shall assist the other in complying with UAE data protection law. The things we and you will do include but are not limited to:

● Consulting the other about any notices given to a data subject in relation to the shared personal data.

● Promptly telling the other about receipt of a data subject rights request in relation to the shared personal data.

● Providing the other with reasonable help in complying with any data subject rights request in relation to the shared personal data.

● Not disclosing, releasing, amending, deleting or blocking any shared personal data in response to a data subject rights request without first consulting the other, wherever possible.

● Helping the other (at the other's cost) to respond to any data subject rights request and to comply with UAE data protection law with respect to security, personal data breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators.

● On becoming aware of a breach of UAE data protection law (by themselves or the other), notifying the other of it as soon as reasonably possible.

● When this agreement ends, either deleting or returning shared personal data (and any copies of it) received from the other, unless required by law to store it.

● Using technology compatible with the other's technology to process shared personal data, to ensure that transfers to or from the other don't result in inaccuracies.

● Maintaining complete and accurate records and information to demonstrate that it has complied with these provisions.

● Providing the other with contact details of at least one employee as point of contact and responsible manager for all issues arising out of UAE data protection law, including the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with UAE data protection law.

10. Changes to these terms

How we make changes to these terms

We'll let you know via email or another durable medium about any changes we're making to these terms (including the policies referred to in them), unless they're just editorial changes which don't alter the terms' content or meaning.

Normally we'll give you at least 15 days' notice before such changes take effect.

We'll give you more notice if a change we're making impacts on the way you do things, either technically or commercially (a significant change). For example, you might need more notice if we entirely remove a feature from Beyond The Mall, add a new feature or if you need to adapt your goods or reprogramme your services to continue using Beyond The Mall.

We won't give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect Beyond The Mall, our suppliers or our customers from fraud, malware, spam, data breaches or other cybersecurity risks.

If you list new products on Beyond The Mall after we've told you about any changes (other than a significant change), you will be deemed to have agreed to those changes and they will take effect immediately.

What you can do if you're unhappy about changes we've made

If you're unhappy with any changes we tell you about, you can normally end this agreement. The exceptions are that you can't end this agreement because of a change if you’ve listed new products on Beyond The Mall after being told about the change or you've previously told us that you accept the change.

11. Other important terms

Governing law and jurisdiction

This agreement and any purchase, dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation or the Site shall be governed by and construed in accordance with the law of the United Arab Emirates.

Each of us irrevocably agrees that the courts of Dubai shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation. Impact of events beyond your or our reasonable control (force majeure)

Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party's reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for a prolonged period of time, the party not affected may end this agreement by giving 7 days' written notice to the affected party.

We can transfer our rights and obligations under this agreement

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner transfer any or all of our rights and obligations under this agreement.

What happens if you want to transfer your rights and obligations under this agreement (including by using subcontractors)

You need to get our consent before you can transfer any of your rights and obligations under this agreement, including by using subcontractors. You can ask us for approval using the supplier interface. If you want to transfer all your rights and obligations to someone else, the proposed transferee will need to apply using our application form (link above).

How we and you must protect each other's confidential information

Neither you nor we (the recipient) shall at any time during the term of this agreement, and for a period of two years after it ends (for whatever reason) disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other (the discloser) or of any member of the group of companies to which the discloser belongs, except:

● To the recipient's employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient's rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser's confidential information comply with this clause.

● As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

Neither we nor you are bound by anything said but not included in this agreement

This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services. Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Informal changes to this agreement aren't valid

Except for changes made as described in these terms, no variation of this agreement shall be effective unless it is in writing and signed by you and us.

You and we can only waive our rights under this agreement in writing

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Invalidity of part of this agreement doesn't affect the rest of it

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

Only you and we have rights under this agreement

This agreement does not give rise to any third party rights to enforce any term of this agreement.

12. Defined terms

Terms in bold have the following meanings

UAE data protection law

means all applicable data protection and privacy legislation in force from time to time in the UAE and all other legislation and regulatory requirements in force from time to time which apply to either you or us relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to either you or us.

insolvent

means, in relation to either party that it has taken any step or action in connection with:

● Entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring).

● Being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring).

● Having a receiver appointed to any of its assets.

● Ceasing to carry on business.

liabilities

means any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses.

our systems

means our supplier interface and the other computer systems that support, operate and comprise Beyond The Mall.

permitted recipients

means your and our employees and the entities you and we use in connection with this agreement.

significant change

means a change to these terms which impacts on the way you do things, either technically or commercially. Examples of significant changes might be our entirely removing a feature from Beyond The Mall, adding a new feature or a change which means you need to adapt your goods or reprogramme your services to continue using Beyond The Mall.

shared personal data

the following types of personal data we and you've collected in connection with this agreement:

● Names, addresses and contact details of customers for your products.

● Information about customer orders for your products, including any personalisation requests.

● Information about customer queries and complaints in relation to orders.

● Information about customer searches and activity on the site.

● Information about our respective employees.

● Information about individuals working with other organisations that we or you work with.

third party claim

means a claim or any kind of action against us made by anyone, including (but not limited to) a customer, any regulator. Federal Tax Authority, couriers or any third-party rights holder, in connection with:

● Your products, their importation to the UAE and their supply through Beyond The Mall.

● Things we have or haven't done in reliance on information you've provided (or omitted to provide) to us, including our exercise of rights you've granted to us.

● Things you have or haven't done including but not limited to any breach of these terms and our policies.

Transfer

means assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with

VAT

means value added tax chargeable under the Value Added Tax Act 1994 of the United Kingdom and legislation supplemental thereto or replacing, modifying or consolidating it and including any similar, substitute, or replacement tax on, inter alia, the supply of goods or services in the United Kingdom.

Your materials

means any content, data or information (including trade marks and branding) you provide to us in connection with you and your products.

13. Prohibited products and compliance policy

Compliance with UAE Laws

Our marketplace operates in accordance with the laws and regulations of the United Arab Emirates. All sellers and buyers using this platform must comply with applicable federal and emirate-level laws, including but not limited to the guidelines issued by the Telecommunications and Digital Government Regulatory Authority (TDRA), the Ministry of Economy, and the UAE Customs Authority.

Prohibited Items

The following goods and materials are strictly prohibited from being listed, sold, promoted, or distributed through this website:

● Narcotic drugs, intoxicants, and psychotropic substances

● Items or content offensive to Islam, other religions, or public morals

● Pornographic or adult materials

● Weapons, ammunition, explosives, and fireworks

● Gambling tools or games of chance

● Counterfeit, fake, or pirated products

● Materials promoting terrorism, extremism, or hate speech

● Endangered animal species or products made from them

● Human organs or body parts

● E-cigarettes or vaping products not approved by the Ministry of Industry and Advanced Technology

Restricted Items

Certain categories of products require prior approval or licensing from UAE authorities before being listed on the platform, including (but not limited to):

● Medicines, health supplements, and herbal products

● Food and beverages

● Cosmetics, perfumes, and skincare items

● Media content such as books, films, and video games

● Telecommunication equipment and electronic devices

● Sellers are responsible for ensuring all necessary approvals or certifications are obtained and valid.

Platform Rights

We reserve the right to remove any listing or suspend any account that violates these terms or any applicable UAE laws. The marketplace is not liable for any breach of law by individual sellers.

Reporting Violations

If you identify any prohibited or suspicious item listed on the platform, please report it immediately to our compliance team at hello@beyondthemall.me for prompt review and action.

14. Acceptable use policy

These acceptable use standards apply to any material you upload or share to our site or generate on our site (User Content). They also apply to any contact you make with other users on our site, links to our site, and any other ways you use our site.

Beyond The Mall FZ-LLC will determine, in its discretion, whether any User Content or your use of our site breaches these acceptable use standards.

You may not use our site:

● In any way that breaches any local, national or international law or regulation.

● In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

● For the purpose of harming or attempting to harm minors in any way.

● To bully, insult, intimidate or humiliate any person.

● To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

● To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

User Content:

● Must be accurate (where it states facts).

● Only contain opinions that are genuinely held.

● Must comply with the law applicable in any country from which it is posted and to which the website is targeted.

User Content must not:

● Be generated through Artificial Intelligence (save for any backdrop to the shopfront)

● Be defamatory of any person.

● Be obscene, offensive, hateful or inflammatory.

● Infringe any copyright, database right or trade mark of any other person.

● Include material that might impair the physical, mental or moral development of persons under the age of 18.

● Be likely to deceive any person.

● Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

● Contain illegal content or promote any illegal content or activity.

● Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

● Impersonate any person or misrepresent your identity or affiliation with any person.

● Give the impression that the User Content emanates from Beyond The Mall FZ-LLC, if this is not the case.

● Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

Advertising

You must not upload, post, create on our site or share content containing any advertising or promoting any services or web links to other sites.

You must not upload a video containing advertising for cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine

Any advertising included in a video you upload must not:

● Prejudice respect for human dignity.

● Include or promote discrimination.

● Encourage behaviour prejudicial to health or safety or the environment.

● Cause physical, mental or moral detriment to persons under the age of 18.

● Directly encourage such persons to purchase or rent goods or services in a manner which exploits their inexperience.

You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Sellers Terms And Conditions

Real email address is required to social networks

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