By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
1. Ananasa is a Marketplace
Ananasa acts as a marketplace to allow users, who comply with Ananasa’s policies to offer, sell and buy certain handmade goods within a fixed-price format. Ananasa’s sole involvement in the transaction between buyers and sellers on the site is: collecting payment from sellers through a third party payment gateway [PayPal, Innovate Payments or CashU] and giving it to the seller. Nevertheless, Ananasa has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell the item. Ananasa sometimes pre-screens users or the content or information provided by users, but is not obligated to. Ananasa cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Ananasa does not transfer legal ownership of items from the seller to the buyer.
Ananasa cannot guarantee the true identity, age and nationality of a user. Ananasa encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. Ananasa is not responsible or liable for any offline interaction or transaction between buyer and seller.
You agree that Ananasa is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Ananasa. You use the Ananasa service at your own risk.
2. Membership Eligibility
Age: Ananasa's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Ananasa may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Ananasa’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Ananasa’s policies as stated in the Agreement and the Ananasa policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Ananasa, each of which is incorporated herein by reference and each of which may be updated by Ananasa from time to time without notice to you:
- Fees Policy
- Refund Policy
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Ananasa from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Ananasa of any unauthorized use of your password or any breach of security. You also agree that Ananasa cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Ananasa without Ananasa’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To get paid by Ananasa you must specify your payment detail whether they may be bank account information, your full real name or PayPal account information.
Account Transfer: You may not transfer or sell your Ananasa account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Ananasa’s services are not available to temporarily or indefinitely suspended Ananasa members. Ananasa reserves the right, in Ananasa’s sole discretion, to cancel unconfirmed or inactive accounts. Ananasa reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on Ananasa is free. Listing items on Ananasa is free. Ananasa charges a service fee only when the item sells and this service fee is a percentage of the sale price of the item. Ananasa’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Ananasa’s services are effective after Ananasa provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Ananasa may choose to temporarily change the Fees Policy and the fees for Ananasa’s services for promotional events (for example, trial periods); such changes are effective when Ananasa posts the temporary promotional event on the Site. Ananasa may, at Ananasa’s sole discretion, change some or all of Ananasa’s services at any time. In the event Ananasa introduces a new service or new fees on an existing service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in [US Dollars].
You are responsible for paying all fees and applicable taxes associated with using Ananasa. Ananasa keeps accepted payment information on file. At the end of the month, each seller is emailed a statement detailing the amount that will be paid to the seller by Ananasa if any complete sale did occur in that month. A ‘complete sale’ on Ananasa is identified only 7 days after the shipping of the product to the buyer has been completed and the item was not exchanged or returned.
Fees and Termination: If Ananasa terminates a listing or your account, if you close your account, or if the payment of your Ananasa fees cannot be completed for any reason, you remain obligated to pay Ananasa for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Ananasa.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Ananasa's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Ananasa shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. ANANASA MAINTAINS THE RIGHT TO TAKE LEGAL ACTION IF THE LISTING IS DESCRIBED INCORRECTLY AND HOLDS YOU LIABLE. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing, or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers that provide their own shipping rates may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Ananasa transaction fees or otherwise, misrepresent the item's location, or use another user's account without permission.
Shipping: Ananasa is not a shipping company and is not liable for shipping. Ananasa will, at its own discretion, provide sellers with shipping partners. Although not obliged Ananasa will mediate any issues arising between the seller and the Ananasa shipping partner if shipping is arranged through any of Ananasa’s shipping partners. Ananasa partners only provide domestic express shipping services in the UAE. For domestic shipping services in other countries the buyer and seller will have to independently settle shipping prices and agree on payment before a sale is processed. Please note however, without prejudice to any and all of the aforesaid terms and conditions, the user’s attention is specifically drawn to Aramex’s limited liability of US$ 100 (One Hundred United States Dollars Only) per each international express shipment OR US$25.00 (Twenty Five United States Dollars Only) per each domestic express shipment (within UAE) and to the provisions relating to prohibited shipments. The user hereby irrevocably and unconditionally acknowledges and accepts in advance all of the said terms and conditions and agrees to be bound thereby. It is the seller’s responsibility to:
• Prepare the items and pack these in proper cartons
• Enter dispatch details using the waybill number and packing slip form populated on Ananasa’s system.
• Ensure that each product has the full address of the consignee i.e. complete name, name of the company, street/landmark, availability time, telephone numbers (land and mobile) and the City/Emirate.
• Prepare an Aramex airway bill with complete consignee details, as mentioned above, and will attach it to each shipment.
• Packaging of the product/(s) to avoid damage to the product during transportation is your responsibility.
• It is understood and agreed upon that the weight of any single piece will not exceed 30 kilos.
• It is understood and agreed upon that the dimensions of a carton will not exceed 45 x 45 x 45 cms.
Shipping transit time is estimated at 5-7 days if item is available at the seller.
Please note that due to vendor restrictions, Ananasa does not facilitate shipments to certain countries including North Korea, Iran, Sudan and Syria.
Returns: Shipping fees incurred because of returns issued due to an error from the seller will fall due on the seller and not on Ananasa. The fees are due within 30 days or deducted from any payments due from Ananasa to the seller.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Ananasa and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Ananasa.
Restricted Activities: Your Content and your use of Ananasa shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy .
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified (by UAE law and our sole discretion) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Ananasa staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
10. Modify, adapt or hack Ananasa or modify another website so as to falsely imply that it is associated with Ananasa;
11. Appear to create liability for Ananasa or cause Ananasa to lose (in whole or in part) the services of Ananasa's ISPs or other suppliers
Re-Posting Content: By posting Content on Ananasa, it is possible for an outside website or a third party to re-post that Content. You agree to hold Ananasa harmless for any dispute concerning this use. If you choose to display your own Ananasa-hosted image on another website, the image must provide a link back to its listing page on Ananasa.
Idea Submissions: Ananasa considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Ananasa shall not be liable for the disclosure or use of such Material. If, at Ananasa's request, any member sends Material to improve the site (for example through the Forums or to customer support), Ananasa will also consider that Material to be non-confidential and non-proprietary and Ananasa will not be liable for use or disclosure of the Material. Any communication by you to Ananasa is subject to this Agreement. You hereby grant and agree to grant Ananasa, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Ananasa does not control the Content provided by users that is made available on Ananasa. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Ananasa, you agree to accept such risks and that Ananasa (and Ananasa's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Ananasa. Please use caution, common sense, and practice safe buying and selling when using Ananasa.
Other Resources: Ananasa is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Ananasa does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Ananasa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Ananasa's policies and acknowledge and agree to comply with the laws of the city and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Ananasa is not involved with user generated groups, the groups' requirements, or the Meetings.
Ananasa does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Ananasa does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Ananasa may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. ANANASA IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO ANANASA; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY ANANASA, AND ANANASA HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT ANANASA IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, ANANASA USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Ananasa, please contact Ananasa.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this Agreement or this clause, or any question regarding the legal relationships established by this Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration (“LCIA”), which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Ananasa to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Ananasa shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
Should you have a dispute with one or more users, or an outside party, you release Ananasa (and Ananasa's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Ananasa encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Ananasa, for the benefit of users, may try to help users resolve disputes. Ananasa does so in Ananasa's sole discretion, and Ananasa has no obligation to resolve disputes between users or between users and outside parties. To the extent that Ananasa attempts to resolve a dispute, Ananasa will do so in good faith based solely on Ananasa's policies. Ananasa will not make judgments regarding legal issues or claims.
10. Ananasa’s Intellectual Property
ANANASA, and other Ananasa graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of [Ananasa Middle East FZ-LLC in the UAE]. Ananasa's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Ananasa may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Ananasa is updated on a real-time basis and is proprietary or is licensed to Ananasa by Ananasa's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Ananasa for any purpose whatsoever, except with Ananasa's prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Ananasa's sole discretion, an unreasonable or disproportionately large load on Ananasa's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site except to the extent expressly permitted by and in compliance with Ananasa's policies or otherwise without the prior express written permission of Ananasa and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Ananasa's robot exclusion headers or other measures Ananasa may use to prevent or restrict access to Ananasa
Without limiting any other remedies, Ananasa may, without notice, and without refunding any fees, delay or immediately remove Content, warn Ananasa's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
14. No Warranty
Ananasa, Ananasa’s subsidiaries, officers, directors, employees and Ananasa’s suppliers provide Ananasa’s website and services on an "as is" and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Ananasa makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Ananasa makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Ananasa has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
15. Liability Limit
To the extent permitted by law, Ananasa, Ananasa’s subsidiaries, officers, directors, employees and Ananasa’s suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this Agreement (however arising, including negligence or otherwise and whether or not Ananasa has been advised of the possibility of such losses or damages). If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Ananasa and Ananasa shall treat any such unauthorized use as subject to the terms and conditions of this Agreement.
You agree to indemnify and hold Ananasa and (as applicable) Ananasa’s subsidiaries, officers, directors, employees and Ananasa’s suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
17. No Guarantee
Ananasa does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Ananasa's control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any of Ananasa’s services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Ananasa's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Ananasa are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Ananasa Service
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Ananasa's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 25 (Governing Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices to Ananasa from you shall be given by you by email to Ananasa at email@example.com with a physical copy sent to us by mail to P.O.Box 66169 Dubai, UAE or courier, such notice deemed given on confirmation of its receipt to you by Ananasa by return email. Any notices to you from Ananasa shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 72 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
25. Governing Law This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.