Welcome tomoronline.com . These are the terms and conditions governing your access to and use of the website tomoronline.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with our website in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Eligibility for Membership
Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify tomoronline of any unauthorised use of your password or account or any other breach of security. In no event will tomoronline be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse tomor online for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
You will provide true, accurate, current and complete information about yourself as prompted by tomoronline registration form (the "Registration Data").
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if tomoronline has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of tomoronline under this User Agreement or at law, tomoronline has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Tomor online may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to tomoronline upon such requests. You acknowledge and agree that if you do not, tomoronline without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Tomoronline requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site.
If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
Amendments to this User Agreement
You acknowledge and agree that tomoronline shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that tomoronline at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
Use of the Site
While using the Site, you will not:
post Information or content or list items in an inappropriate category or areas on our Site;
post items you do not have a right to link to or include;
post items that are concurrently listed for sale on a website other than the Site;
post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
post counterfeit or stolen items;
post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
post Information or content or list items which may (in our sole discretion) threaten national security;
post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
claim an item was not sold when in Tomoronline.com's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
in case of purchase of/placing a successful bid for an artwork which is marked as "non-exportable" on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
circumvent or manipulate our fee structure, the billing process, or fees owed to Tomoronline.com;
take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated totomoronline);
transfer your Site account (including feedback) and username to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of the Site;
attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
violate any laws, rules, regulations, guidelines, third party rights or our policies;
abuse tomoronline's Shipping Policy , MyWallet Policy , Listing Policy , or any of tomoronline's other policies or terms and conditions posted on the Site from time to time;
directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
weapons of any description;
liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user's interest or health;
any items identical to other items you have up for auction but which are priced lower than your other items' price, the reserve price of such other item / minimum bid amount;
non-transferable vouchers; and chemicals.
You undertake, represent and warrant that:
you are 18 years of age or over the age of 18 years;
if you are a corporate representative, you have authority to bind the corporate entity;
you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
you will inform tomoronline of any postings, items or transactions which appear to be in violation of this User Agreement;
you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use oftomoronline;
you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either tomoronline, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of tomoronline and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"tomoronline" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of tomoronline and are protected by international trademark and other intellectual property rights and laws. tomoronline's trademarks may not be used in connection with any product or service that is not tomoronline's nor in any manner that disparages or discredits tomoronline. All other trademarks not owned by tomoronline that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by tomoronlie.
Abusing tomor online
Please report problems of any kind or violations of this User Agreement to tomoronline .If you believe that your intellectual property rights have been violated, please notify tomoronline. Without prejudice to any other rights and remedies of tomoronlineunder this User Agreement or at law, tomoronline may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also tomoronline can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
Tomoronline has a "Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item by way of any of the tomoronline SafePay processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under the Buyer Protection Program. The Buyer Protection Program involves reimbursement by tomor online to the buyer of the value of the item only. To be eligible under the Buyer Protection Program a buyer needs to file a complaint with tomoronline within 48 hours of receiving (or not receiving) the relevant item. Tomoronline will investigate the matter and if it has been determined (by tomoronline in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which tomoronline has reimbursed the buyer, tomoronline may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and Tomoronline.com may charge the seller for tomoronline's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . tomoronline reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to Tomoronline.com by a buyer is illegal or otherwise unlawful that tomoronline may in its sole discretion destroy the item or take any other steps as it considers necessary.
Shipping fees for returned Items :
Return item due to Seller's Fault (Item is not as described – item defective ... etc.)
If the buyer claimed Within the 15 Days of the date of delivery
-tomoronline pays the Delivery Shipment Fees
-Seller Pays the Return Shipment Fees
-In case the submitted return request by customer is not approved by tomoronline and the customer rejected to receive back the unit, tomoronline has the right after 60 days from customer’s rejection date to dispose the item.
If the buyer claimed after the 15 Days of the date of delivery ( *Only if returned approved )
-Buyer pays the Delivery Shipment Fees
-Seller Pays the Return Shipment Fees
-In case the submitted return request by customer is not approved by tomoronline and the customer rejected to receive back the unit, tomoronline has the right after 60 days from customer’s rejection date to dispose the item.
Return item due to Buyer's Fault (* Item in the original state & condition when purchased and received.)
If the buyer claimed within the 15 Days of the date of delivery.
-tomoronline pays the Delivery Shipment Fees
-tomoronline Pays the Return Shipment Fees
If the buyer claimed after the 15 Days of the date of delivery (* Only if returned approved )
-Buyer pays the Delivery Shipment Fees
-Buyer Pays the Return Shipment Fees
Platform for Communication
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. Tomoronline does not buy or sell items. Tomoronline is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold tomoronline responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:
Tomor online is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with tomoronline nor shall tomoronline have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
Tomoronline is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
Tomoronline is not required to mediate or resolve any dispute or disagreement between users.
Tomoronline has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
Tomoronline does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, tomoronline does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is tomoronline a supplier or manufacturer of any items sold by users or purchased by users.
Tomoronline does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
The Site may include links to third party websites that are controlled by and maintained by others. Tomoronline cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that tomoronline is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and tomoronline holds no responsibility in respect of such arrangements.
Tomoronline accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Tomoronline excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
You release and indemnify Tomoronline.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
Tomoronline and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Sellers goods/Items within sixty (60) days after receipt by the Courier Company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to tomoronline to destroy and/or liquated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability totomoronline . Furthermore, tomoronline is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller.
Breach of User Agreement
Without prejudice to any other rights and remedies of tomoronline under this User Agreement or at law or otherwise, Tomoronline.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
If you breach this User Agreement;
If tomoronline is unable to verify or authenticate any information you provide; or
If tomoronline believes (in its sole discretion) that your actions may cause legal liability for you, other users or Tomoronline.com.
Tomoronline may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with tomoronline or use the Site in any manner whatsoever until such time that such user is reinstated by tomoronline . Notwithstanding the foregoing, if you breach this User Agreement Tomoronline.com reserves the right to recover any amounts due and owing by you to tomoronline or any losses and damages caused by you to Tomoronline.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as tomoronline in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of tomoronline's right to take any actions with respect to that, or subsequent or similar breaches. Tomoronline does not guarantee that it will take action against all breaches that there may be of this User Agreement.
Bidding and Buying
All bids (under the "auction" format) ("Bids") and all purchases (under the "Buy It Now" format) ("Purchases") on the Site are a commitment by you to complete the purchase of the item on which you have placed the Bid or which you have purchased. If you are the highest bidder / purchaser for any item and your Bid / Purchase is accepted by the seller ("Winning Buyer"), you are obligated to complete the transaction with the seller. In order for you to qualify and be identified as the Winning Buyer of an auction, the following priority parameters are applied bytomoronline:
Price: a higher price Bid always supersedes any lower price bids;
Quantity: Between Bids of the same price, a Bid for a higher quantity shall supersede;
Time: Between Bids of the same price and for the same quantity, the Bid which was placed first in point of time shall supersede other such Bids.
You acknowledge and agree that in the event that dual Winning Buyers are displayed on the Site for a single auction, the user who receives an email from the Site declaring them the Winning Buyer will be the only Winning Buyer for that auction. tomoronline's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.
As a Winning Buyer you may increase the amount or volume of your Bid or Purchase but you may not reduce the amount or volume of your Bid or Purchase or withdraw / cancel your Bid or Purchase. By bidding or purchasing an item you agree to be bound by the conditions of sale included by the seller in the item's description on the Site (so long as those conditions of sale are not in violation of this User Agreement or are not in compliance with applicable laws). A Winning buyer must contact the seller or initiate an order for the item within 48 hours of the relevant auction closing or of a successful Purchase. As a buyer on the Site we encourage you to post feedback on the seller after the auction is closed. In case of consumer goods generally available in retail stores, sellers on the Site may or may not specify the normal retail prices of items being sold. You are advised to independently verify the retail prices of such items if you so desire.
You agree not to test the Site with false bids or purchases, nor to use a false name, other false personal information or use an unauthorised or known invalid credit card to Bid or Purchase. Without prejudice to the rights and remedies available to Tomoronline.com under this User Agreement or at law, tomoronline may take such steps as it deems appropriate or necessary including taking legal action against users who intentionally enter erroneous, fictitious or fraudulent Bids or Purchases. Please be aware that even if you do not give tomoronline your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
Selling & Hosting Auctions
As a registered member of the Site, you may list item(s) for sale on the Site. You may only offer for sale or sell item(s) on the Site in compliance with applicable laws and you must be legally able to offer for sale or sell such items under applicable laws. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of this User Agreement. All of your listed items must be kept in stock to allow for the immediate completion of your transaction with a Winning Buyer. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You agree not to list a single item multiple times for "buy now" sales, including without limitation across various categories on the Site. You acknowledge and agree that tomoronline has the right to delete such multiple listings of the same item.
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price as defined by the seller in their reserve auction (the "Reserve Price")), you are legally obligated to complete the sale with the Winning Buyer. You agree to contact or ship to the Winning Buyer within 48 hours of an item selling successfully and supply the item to the Winning Buyer in a merchantable condition within 48 hours of verifying payment by the Winning Buyer (unless the Winning Buyer fails to meet the terms of your listing (such as payment method), you cannot authenticate the Winning Buyer's identity by way of making direct contact with them, or as otherwise agreed between you and the Winning Buyer. Without limiting any rights or remedies available to Tomoronline.com under this User Agreement or at law, tomoronline may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you are found to have engaged in false or fraudulent activity in connection with the use of the Site. As sellers on the Site we encourage you to post feedback on each buyer after an auction is closed. An auction is successfully closed if it receives at least one bid prior to the date and time (as specified in that particular auction) beyond which no further bids are to be accepted (the "Auction End Date"). Notwithstanding this, a reserve auction is successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date.
Immediately after an auction is successfully closed an e-mail is sent from the Site to both the Winning Buyer and the seller providing each of them with the contact information of the other party (including email address, shipping address and a contact phone number if allowed by them when bidding/purchasing or selling) to enable them to get in touch with each other for the sole purpose of fulfilling the transaction. Please note that the contact information that will be sent out will be the information that is provided by the users in their registration data ontomoronline. You acknowledge and agree that tomoronline has the right to use your registration data for this purpose and a that tomoronline is not responsible for the accuracy or otherwise of any user's registration data. You acknowledge and agree that you will not use another user's data for any purpose other than fulfilling a relevant transaction resulting from selling item(s) on the Site.
Tomoronline encourages buyers and sellers on the Site to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. Tomoronline will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of tomoronline under this User Agreement or at law, tomoronline reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled bytomoronline , and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your tomoronline feedback rating in any venue other than on the Site. Tomoronline.com does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of tomoronline under this User Agreement or at law or otherwise, tomoronline may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
Tomoronline provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Tomoronline 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. Tomor online 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 tomoronline has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
Limitation of Liabilities
To the extent permitted by law, tomoronline, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not tomoronline 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 unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to tomoronline and tomoronline shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold tomoronline and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and tomoronline and you shall have no authority to bind tomoronline in any manner whatsoever.
Except as explicitly stated otherwise, any notices to tomoronline from you shall be given by you by email to tomoronline at legal@tomoronline with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by tomoronline by return email. Any notices to you from tomoronline 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 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of tomoronline to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and tomoronline shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
Transfer of Rights and Obligations
You hereby grant tomoronline the right to, and irrevocably acknowledge and agree that tomoronline may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Tomoronline agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent oftomoronline , transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent oftomoronline.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and tomoronline with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
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.
Additional Terms & Conditions for participation in White Friday
These Additional Terms apply to Seller in addition to the Standard Seller Terms and Conditions (Terms), a copy of which can be found on tomoronline (Website). White Friday event will be held by the end of November 2015 or any other extended period (Period). Tomoronline reserves the right to vary, amend or withdraw these Additional Terms. Tomoronline will publish these Additional Terms and any revisions to them, on the Website.
Delivery of Sale Items: Sellers participating in White Friday must drop-off sale items ordered by a Buyer to the nearest Q-express or Aramex or other designated courier partner location communicated bytomoronline . Drop-off of all promoted products must be completed within 48 hours from the time the order is placed on the Website by a Buyer.
Quality and Authenticity Undertaking: Terms require a Seller to warrant its sale items to be original, new, and free from defects. Tomoronline will take necessary legal and/ or administrative action against a seller found to be offering or deliver to a buyer sale items that are counterfeit, used or refurbished, defective, not genuine, not authorized and misleading. Tomoronline may conduct tests and sampling of sellers’ sale items with the assistance of experts or authorities during this period. Seller will indemnify and hold tomoronline, its officers, employees, agents and buyer on the website harmless from all claims or losses in the event a seller was found to be breaching these undertakings.
Seller’s liability to tomoronline or a buyer under these additional terms in respect to a claim will be the higher of US$50,000 (Fifty Thousand United States Dollars) or direct cumulative losses to tomoronline and a Buyer.
Where there is any inconsistency between these Additional Terms and Terms, then these Additional Terms will prevail.
Warranty legal terms and conditions
The warranty is valid only on the presence of serial no.of the product. Tomoronline reserves the right to refuse warranty if this information has been removed or changed after the original purchase of the product from the dealer. Obligations are limited to repair of the defect or replacement the defective part or at its discretion replacement or refund according to market price of the product itself. Warranty repairs must be carried out by a Tomoronline.com Authorized Service Centre. Warranty cover will be void, even if a repair has been attempted by any unauthorized service centre. Tomoronline shall not be liable for reimbursements,claims and damages that may result from the unauthorized repair of the product. Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the warranty period. Repair or direct replacement of the product under the terms of this warranty may be full filled with functionally equivalent service exchange units. The warranty is not applicable to cases other than defects in material, design and workmanship.
The warranty does not cover the following:
Periodic checks, maintenance, repair and replacement of parts due to normal wear and tear, replacement of consumables such as batteries, light bulbs, fuses, antennas, headphones, microphones, cables and recording heads.
Abuse or misuse, including but not solely limited to the failure to use this product for its normal purposes or in accordance with tomoronline's instructions on usage and maintenance. Defects resulting from usage of the product in conjunction with accessories that are not approved by tomoronline for use with this product.
Failure of the product arising from incorrect installation or use not consistent with the instructions and technical or safety standards prescribed in the product user manual. Accidents, Acts of God, lightning, water, fire, public disturbances, improper ventilation, voltage fluctuations or any cause beyond the control of tomoronline.
Unauthorized modifications carried out to the product in order to comply with local or international technical standards in countries for which this tomoronline product was not originally designed.
Damage of the battery caused by overcharging or failure to use in accordance with the specific instructions of core outlined in the product user manual. The serial no. on the product has been altered, deleted, removed or made illegible.
The batteries are charged by chargers other than those approved by Manufacturer. Any of the seals on the battery enclosure or cells are broken or show evidence of tampering.
This warranty is not transferable. This warranty will be the purchaser’s sole and exclusive remedy and neither tomoronline.com nor its service centres listed in this warranty document shall be liable for any incidental or consequential damages or breach of any express or implied warranty of this product. DISCLAIMER: tomoronline shall not be liable for the loss of any saved/stored data in products that are either repaired or replaced.