Effective Date – 1 June 2024

These Capsherha Platform Terms of Use (these “Terms of Use”) outline the rules for using the platform available at www.capsherha.com and through any Capsherha mobile application available from time to time (collectively, the “Platform”), as well as any information, content, or materials published on, or available via, the Platform (collectively, the “Content”).

These Terms of Use govern and condition access to, and use of, the Platform and its Content by each visitor to this Platform (“you”).

WHO WE ARE AND HOW TO CONTACT US

The Platform is operated and owned by Capsherha FZ-LLC (“Capsherha”, “we”, “our”, “us”).

Our mailing address is at Floor 7, Building 3, Dubai Design District, Dubai, United Arab Emirates (UAE).

To contact us about these Terms of Use or anything else relating to your use of this Platform, please email support@capsherha.com.

BY USING THE PLATFORM, YOU ACCEPT THESE TERMS OF USE

By accessing and continuing to use the Platform, you confirm that you accept these Terms of Use, and acknowledge and agree that these Terms of Use govern and condition your access to, and use of, the Platform and any Content.

You understand that these Terms of Use constitute a legally binding agreement between you and Capsherha.

If you are using the Platform as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity.

If you do not agree to be bound by these Terms of Use, you may not access or use the Platform or any Content and should cease to do so immediately.

WE MAY MAKE CHANGES TO THESE TERMS OF USE

We may amend these Terms of Use from time to time, with or without notice to you. The new version of these Terms of Use will be made available on this page. If you are an existing registered user, we may also notify you of any material update to these Terms of Use via email (for example, where we are legally required to do so).

Every time you wish to use the Platform, please check these Terms of Use to ensure that you understand the terms and conditions that apply to the Platform and its Content at that time.

WE MAY MAKE CHANGES TO THE PLATFORM

We may change the way the Platform operates and/or change any Content from time to time without notice to you. This could be, for example, to reflect changes to the features and functionalities of the Platform, the state of current technology, or market practice, applicable laws or regulations and/or our business priorities.

WE MAY SUSPEND OR WITHDRAW THE PLATFORM

We do not guarantee that the Platform and/or any Content will always be available free of charge, or generally available. We may suspend or withdraw, or restrict the availability of, all or any part of the Platform for business and/or operational reasons.

YOUR PRIVACY

Please refer to our Privacy Policy to understand how we collect, process and share your personal data in relation to your use of the Platform.

YOUR RIGHT TO USE THE PLATFORM AND THE CONTENT

Subject to your continued compliance with these Terms of Use, Capsherha grants you a personal, limited, non-transferable, non-exclusive, revocable right to use the Platform and the Content.

You may print off one (1) copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to Content available on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us.

Capsherha is the owner or the licensee of all rights (including intellectual property rights) in the Platform and any Content, including without limitation any designs, text, graphics, and the selection and arrangement thereof. The Platform and the Content are protected by copyright laws and treaties around the world. All such rights are reserved.

All trademarks, logos, trade dress, service names and service marks (“Marks”) displayed on the Platform are our property or the property of certain other third-parties. You are not permitted to use these Marks without our prior written consent.

RESTRICTIONS

You must not:

• Use the Platform if you are under the age of eighteen (18);
• Use the Platform in any unlawful manner or for any unlawful purpose;
• Attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform;
• Interfere with, damage or disrupt any part of the Platform or any Content, or any equipment or network on which the Platform or any Content is stored, or any software or other systems or equipment used in the provision of the Platform or any Content;
• Knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful to the Platform;
• Impersonate any other person while using the Platform;
• Conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Platform;
• Use the Platform to generate unsolicited advertisements or spam;
• Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose all or any portion of the Platform or any Content;
• Use manual methods or any software, devices, scripts, robots or any other means or processes (including so-called ‘spiders’, ‘bots’ and ‘crawlers’) to scrape the Platform and/or its Content, or otherwise create or compile (in single or multiple downloads) a collection, compilation, database or directory from the Platform or its Content, or bypass or seek to bypass any robot exclusion headers we may implement; or
• Reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform and/or its Content.

We will report any breach of the restrictions listed above to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them.

ACCOUNT CREATION

Although you can browse the Platform as a guest, you will need to create an account (an “Account”) in order to access certain features of the Platform. If you choose to register for an Account, you will have to provide certain information about yourself as prompted during the account registration process on the Platform.

Accurate and up-to-date information. If you do create an Account, all the registration information you submit should be truthful and accurate. If, for any reason, any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.

What to do if you want to delete your Account. You can request the deletion of your Account by emailing support@capsherha.com.

You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including your password). Accordingly, you are responsible for all activities that occur under your Account.

Unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.

Privacy. All information you provide to create an Account (including all information you provide to obtain ‘Verified’ status) will be used in accordance with our Privacy Policy.

PAID SERVICES

Capsherha may, from time to time, offer paid services on the Platform (“Paid Service”). For example, you may choose to pay a fee to ensure that your Listing is featured more prominently in search results on the Platform.

You acknowledge and agree that, in respect of each Paid Service:

• Any fee paid by you for a Paid Service is non-refundable in all circumstances; and
• Paid Services are provided for your convenience, and do not guarantee that your Listing will be successful or result in any minimum number of leads for your Listing.

LISTINGS

The Platform enables a user wishing to sell an item or service (the “Seller”) to advertise such item or service (each a “Listing”) to other users of the Platform. A user who is interested in such item or service (the “Buyer”) may then contact the Seller (via the Listing) to make an offer for such item or service.

If you are a Seller, you must:

• Be legally permitted to sell the item or service on the Platform;
• Be the legal owner of the item, or be legally permitted to sell the item or provide the service, advertised on your Listing;
• Ensure that your Listing complies with our Acceptable Use Policy;
• Include a complete and accurate description of the item or service on your Listing;
• Only include one (1) item or service on any Listing, and you may not sell multiple items or services through a single Listing;
• Not post Listings in inappropriate categories or areas on the Platform;
• Not post Listings for any counterfeit items, or items that otherwise infringe the copyright, trademark or other rights of third-parties;
• Not use the platform as a third-party agent, service or intermediary that offers to post Listings on the Platform on behalf of others;
• Comply with all applicable laws and regulations in connection with your Listing; and
• Act lawfully and in good faith in your dealings with Buyers.

If you are a Buyer, you must:

• Be legally permitted to purchase the item or service through the Platform; and
• Act lawfully and in good faith in your dealings with any Seller.

CAPSHERHA IS NOT RESPONSIBLE FOR LISTINGS

You acknowledge and agree that Capsherha does not have an obligation to monitor, approve or moderate Listings or their content. We are not responsible for the Listings posted on the Platform.

If you become aware of any unlawful or suspicious Listings or any Listings that do not comply with these Terms of Use, please notify us by emailing support@capsherha.com.

DISCLAIMER OF WARRANTIES

While we use reasonable efforts to keep the Platform and its Content accurate, complete and up-to-date, we do not guarantee that the Platform and/or its Content is accurate, complete, or up-to-date. We may make changes to the Platform and/or its Content from time to time, without notice to you.

LIMITATION OF LIABILITY

Capsherha will not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Platform or inability to use the Platform.

TERMINATION

We may terminate or suspend your access to the Platform, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes arising in connection with these Terms of Use will be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.

CONTACT US

For any questions about these Terms of Use, please contact us at info@gatecapture.com