Term & Conditions

Erfa’s Terms and Conditions

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

Definitions

The following terms are used throughout these Terms and Conditions and have specific meanings.

  1. Account” means the account that Subscribers are required to create through the Platform to use the Platform Services;
  2. Agreement” and “Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document (as amended from time to time) and all other Erfa rules, policies available on the Platform (including, but not limited to, the Privacy Policy, guidelines and procedures that may be published from time to time on the Platform);
  3. Confirmation Order” means any and all written or electronically transmitted confirmation orders sent by Erfa to a Subscriber and which may include, without limitation, name of the Merchant, reference numbers, the description of the Merchant Goods, delivery date and time, Product Price, Subscriber Margin, Purchase Price, delivery charge (if applicable), quantity, and any special conditions;
  4. Content” means any content submitted, generated, featured, displayed through the Platform, including but not limited to, any text, information, correspondence, graphics, software, applications, video recordings, audio recordings, sounds, company logos, photos, designs, features, and other materials that are available on the Platform. Content includes, without limitation, User Content and Erfa’s Content;
  5. End Customer” means a person that aims to purchase or purchases Merchant Goods sold by a Merchant and/or a Subscriber through the Platform for her or his own use;
  6. Erfa”, “we” and “us” collectively mean Erfa eCommerce Solutions FZ LLC, a limited liability company duly registered with the Dubai Development Authority under business license no. 97401, with its office located at Premises HD 46A 1st Floor, In5 Tech Building, Dubai Internet City, Dubai, United Arab Emirates;
  7. Erfa’s Content” means any content (including but not limited to, the name, trademark, and logo of Erfa; all information about Erfa and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, designs, features, and other materials) generated by and/or belonging to Erfa;
  8. Merchant” means any merchant company that is the owner of the Merchant store from which End Customers (and/or Subscribers if applicable) would purchase Merchant Goods using the Platform Services;
  9. Merchant Goods” means all goods and/or services of a Merchant that are listed on the Platform and that can be purchased by End Customers (and/or Subscribers if applicable) using the Platform Services;
  10. Merchant Services” means any services provided by the Merchant in relation to the Merchant Goods;
  11. Platform” means any online tool provided, processed and/or maintained by Erfa (including, but not limited to, all subpages and subdomains, all content, Platform Services and products available at or through Erfa’s website located at www.erfa3.shop and/or its mobile application, and/or any other related domain offering access to, or facilitating the provision of, the Platform Services);
  12. Platform Services” means the online and/or offline services provided by Erfa for the provision and use of the technology that Erfa has developed to facilitate the acquisition of the Merchant Goods;
  13. Privacy Policy” means Erfa’s privacy practices in relation to the use of the Platform which is available at [http://www.erfa3.shop];
  14. Product Price” means the price of Merchant Goods (including any applicable VAT) as set out in a Confirmation Order;
  15. Purchase Price” means the total amount payable by an End Customer (and/or a Subscriber if applicable) to purchase Merchant Goods which includes the Product Price and the Subscriber Margin (if applicable);
  16. Subscriber”, “you” and “your” collectively mean a person that (i) promotes and markets Merchant Goods through social medial channels and/or cross-messaging applications (such as WhatsApp, Instagram and/or Facebook) in order to facilitate the sale of such Merchant Goods to an End Customer; or (ii) purchases Merchant Goods for the purpose of reselling them to an End Customer;
  17. Subscriber Margin” means the commission amount payable to a Subscriber by an End Customer in consideration for his or her marketing efforts to facilitate the sale of Merchant Goods to the End Customer or for reselling Merchant Goods to the End Customer;
  18. Successful Transaction” means the acceptance of a Confirmation Order by an End Customer (and/or Subscriber if applicable) as evidenced by the payment of the Purchase Price;
  19. Third Party Content” means any content that belongs to or originates from parties other than Erfa, Subscriber or Merchant;
  20. User” means a person, company, or organization that has visited or is using the Platform and/or the Platform Service. A User may be a Subscriber, an End Customer, both or neither; and
  21. User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Platform (including but not limited to, any listings of the Merchant Goods, reviews, ratings, text, correspondence, photographs and videos) by the Users while using the Platform.
  22. Platform Services
  • Erfa is an online marketplace that facilitates the acquisition of the Merchant. Erfa enables Subscribers to promote and market Merchant Goods through social medial channels and/or cross-messaging applications (such as WhatsApp, Instagram and/or Facebook) for the sale of such Merchant Goods to End Customers. Erfa also enables Subscribers to purchase Merchant Goods for the purpose of reselling them to End Customers.
  • By using the Platform, Subscribers, among other things, will be able to avail of the following Platform Services:
  1. Browse Merchant Goods;
  2. Place orders;
  3. Review their current and previous transactions;
  4. Pay for their purchases or enable End Customers to pay for their purchases;
  5. Have their orders delivered to their preferred address;
  6. Easy interaction with Erfa (such as online chat and customer contact services).
  • Erfa may provide Subscribers with offers and benefits from time to time, such as discounts, pre-access to Merchant Goods, or sales promotions. What offers and benefits a Subscriber will receive will be based on such Subscriber’s previous actions such as number of purchases (by and/or through the Subscriber), purchase amounts, or usage of Platform Services. Any such offers and benefits may be modified or discontinued by Erfa at any time without prior notice.
  • The Platform Services are not intended for Users that are under the age of 18. Any registration by, use of, or access to, the Platform Services by any person under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions.  By using the Platform Services, you represent and warrant that, you are at least 18 years old.
  • For any purchase of Merchant Goods made using the Platform Services, the End Customer (and/or Subscriber if applicable) unconditionally and irrevocably undertakes to pay the Purchase Price of any relevant Merchant Goods in full to Erfa. Subject to the occurrence of a Successful Transaction and the availability of the Merchant Goods, Erfa shall deliver the relevant Merchant Goods to the End Customer (and/or Subscriber if applicable) in accordance with the Confirmation Order and the Merchant’s terms of sale (as applicable).
  • Subscribers agree, acknowledge and understand that the quality of any Merchant Goods and/or the Merchant Services is the sole responsibility of the Merchant.
  1. Changes to the Terms and Conditions
  • Subscribers agree that Erfa may amend this Agreement from time to time, and in Erfa’s sole discretion. Although Erfa will use its best endeavours to notify Subscribers of any amendment to this Agreement, Erfa will not be required to provide Subscribers with prior notification of such amendments or changes to this Agreement.
  • Upon any amendment or change to this Agreement, Erfa will publish the amended Agreement on the dedicated link available at the Platform. Subscribers’ continued use of the Platform and/or the Platform Service after the publication date of a revised version of this Agreement constitutes their acceptance of its terms.
  • Subscribers agree and undertake to review our Terms and Conditions each time they visit our Platform and/or prior to each use of the Platform Services. If Subscribers do not agree to our Terms and Conditions, as updated from time to time, Subscribers undertake to cease using our Platform and/or Platform Services immediately.
  1. Eligibility and Account Registration
  • Subscribers are required to create a personalized Account by using their name, phone number, email address. Subscribers can also create an Account using their existing Facebook or Google accounts (if made available by Erfa). Each Account should have a unique username and a password.
  • In order to use the Platform Services, Subscribers will be required to be logged into their Account. Each Subscriber may only hold one Account with us. 
  • Each Subscriber is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. Subscribers undertake to provide accurate and complete information and keep their Account information and their Account updated. Subscribers may not share their password with unaffiliated third parties. Subscribers agree to notify Erfa immediately of any unauthorized use of their Account, or any other breaches of security. Subscribers are fully responsible for all uses of their password, Account and username, or registration, whether by themselves or others. Erfa is authorized to act on instructions received through use of Subscribers’ Account or registration, and is not liable for any loss or damage arising from Subscriber’s failure to comply with this clause 4.
  • Subscriber Account, including any information pertaining to it (e.g. contact information, billing information, Account history, etc.), is strictly personal to the respective Subscriber. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
  • By creating an Account or using the Platform Services, you consent to us contacting you about your interest in our Platform Services by email, phone, or through any other contact information you have chosen to provide. Subscribers wishing not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.
  • Subscribers may be required to verify their mobile number using our automated verification system in order to use the Platform Services. Any information provided in relation to this process will be subject to Erfa’s Privacy Policy. The numbers provided will be used for the purpose of identity verification and may be used by Erfa for marketing purposes.
  • Erfa reserves the right to request additional information from a Subscriber (such as a valid ID copy) in order to verify Subscriber’s identity and decline or refund any order Erfa believes to be fraudulent. The use of a VPN, Proxy, VoIP number or any other means of concealing the true location of the Subscriber will lead to delays, likely ID check and possible cancellation of the associated order(s). The phone number that a Subscriber provided may be subject to geographic location checks in order to verify the authenticity of the order.
  • We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Platform that violates this Agreement.
  • You may request to close your Account at any time by contacting us at [info@erfa3.company]. Your request may take up to 10 business days to process. If you owe any payment to Erfa for any reason, Erfa will not close your Account until that payment has been made to Erfa. In such case, Erfa may restrict your ability to make additional transactions using your Account or reject any request to open subsequent Accounts for you. You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.
  1. Sharing and Placing Orders
  • The Platform enables Subscribers to browse Merchant Goods and share the description and photos of the selected Merchant Goods with End Customers on social media channels and cross-messaging platforms. If End Customer wishes to purchase the Merchant Goods shared by the Subscriber, the Subscriber will be able to place an order for such Merchant Goods on behalf of the End Customer through the Platform.
  • In order to place an order using the Platform, Subscribers will be required to select the quantity, size and colour of the Merchant Goods (as applicable) and provide a payment method and delivery address. Additional transaction fees (such as credit card or debit card fee) may apply depending on the selected payment method. Subscribers and/or End Customers will always be able to view such additional transaction fees prior to making any payment.
  • Once a Subscriber has placed an order using the Platform, the Platform will send a Confirmation Order to the Subscriber, including the description of the Merchant Goods, delivery date and time, Subscriber Margin and Purchase Price.
  • Erfa will collect the Purchase Price by way of the selected payment method. Any payment of the Purchase Price that is not made in accordance with these Terms and Conditions or that is made to any party other than Erfa shall not release the End Customer (or Subscriber if applicable) from the obligation and liability to pay the Purchase Price to Erfa.
  • Subscribers understand and acknowledge, and shall procure that End Customers agree and understand, that Erfa does not own, sell, resell any Merchant Goods and does not have any control over Merchants and/or the Merchant Goods. As such, any order placed through the Platform shall be subject to these Terms and Conditions as well as the Merchant’s terms of sale (as applicable).
  • Upon placement of an order through the Platform, Erfa shall collect the ordered Merchant Products from the Merchant and assist with the delivery of them to the respective End Customer (or Subscriber if applicable) in accordance with the Confirmation Order. For avoidance of doubt, Erfa shall not be responsible for packaging and labelling of the Merchant Goods, and Erfa’s assistance will be limited to collecting the ordered Merchant Products from the Merchant and delivering them to the respective End Customer (or Subscriber if applicable).
  • Each Subscriber undertakes to exclusively use the methods and tools available on the Platform and/or the Platform Services for the completion of the purchase of the Merchant Goods. Each Subscriber hereby acknowledges and agrees, and shall procure that End Customers agree and understand, that Erfa shall not assist with any transaction conducted outside of the Platform and, as such, Erfa shall not be responsible for performing any obligation in connection with any Merchant Goods sold outside of the Platform. Erfa disclaims all liability arising from or related to any Merchant Goods purchased outside of the Platform.
  • Each Subscriber agrees and understands, and shall procure that End Customers agree and understand, that the Merchant shall provide warranties and maintenance services in accordance with the Merchant’s terms of sale (as applicable) for the respective Merchant Goods to the satisfaction of End Customer (or Subscriber if applicable). In the absence of any Merchant’s terms of sale, the Merchant shall provide warranties and maintenance services in accordance with the standard market practices, applicable laws, and guidelines and protocols that Erfa may impose from time to time.
  • Each Subscriber agrees and understands, and shall procure that End Customers agree and understand, that the Merchant shall be and remain responsible for all after-sales services, guarantees, and any defects that may arise for or in respect of the Merchant Goods to be sold and listed on the Platform.
  • By using the Platform Services, Subscribers represent and warrant that Subscribers (i) are at least 18 years old; (ii) are a resident of the United Arab Emirates; (iii) are capable of entering into a legally binding contract; (iv) have a valid physical delivery address in the United Arab Emirates; (v) agree and will adhere to Erfa’s Terms and Conditions and Privacy Policy and all applicable laws; as amended from time to time; and (vi) their use of the Platform Services will be solely for lawful purposes that are permitted by this Agreement.
  • Subscribers will use their best endeavours and always cooperate with Erfa to ensure that the End Customers make payments in accordance with the Confirmation Order.
  1. Subscriber Margin
  • In placing an order, Subscribers will be able to review the Product Price of the Merchant Goods and add a Subscriber Margin on top of such Product Price. For avoidance of doubt, any Subscriber Margin will always be payable by the End Customer and in no event Erfa will be responsible for any Subscriber Margin.
  • By accepting our Terms and Conditions, each Subscriber hereby expressly consents to, authorizes and instructs Erfa to collect the Subscriber Margin from End Customers, without the need for any notice to or additional consent from the Subscriber.
  • Erfa shall transfer the applicable Subscriber Margin to the Subscriber within [5] business days of receipt by Erfa of the Purchase Price from the End Customer in full; provided that such Successful Transaction has passed the fifteen (15) days’ return period in accordance with clause 7 below.
  • Upon request by the Subscriber, and upon receipt of the Purchase Price by the End Customer in full, Erfa shall provide the Subscriber with an invoice issued by the Merchant to the attention of the End Customer for the full amount of the Purchase Price.
  1. Cancellations, Refunds and Other Adjustments Subsequent to Purchase
  • All Merchant Goods sold on the Platform is covered under a 15 days free return policy, unless otherwise stated on the Platform or a Confirmation Order. Subscribers may initiate a return process by contacting us or through the Platform.
  • Subscribers agree that any order that they place through the Platform is subject to Erfa’s approval. Erfa may, in its sole discretion, not provide delivery services to a Subscriber or an End Customer, or cancel a Successful Transaction before the Merchant Goods are delivered or supplied for any reason including but not limited to Subscriber’s or End Customer’s history of transactions with the Platform or to prevent against fraud, legal, regulatory or avoid any non-payment risk.
  • Subscribers understand, and shall procure that End Customers understand, that in the event that a Successful Transaction is cancelled by us for any reason whatsoever, the End Customer will receive a full refund of any amount the End Customer has paid to us. In such cases, the Merchant will not be obliged to provide the Merchant Goods or provide the Merchant Services, and the End Customer will have no obligation to make any payments to us in relation to that particular order.
  • Subscriber may submit a return request for the Merchant Goods purchased within 15 days from the date on which Erfa delivers such Merchant Goods to the End Customer (or Subscriber if applicable) by clicking on the “Return” button available under the order details of his/her dashboard account.
  • Once a return request of the Subscriber is submitted, the Erfa will attend to, review and act on such request in coordination with the Merchant as soon as possible.
  • Once such return request is initially approved by the Merchant, Erfa will arrange for the collection of the returned Merchant Goods from the End Customer (or the Subscriber if applicable) and deliver the Merchant Goods back to the Merchant. Upon receipt of the returned Merchant Goods by the Merchant, the Merchant will physically inspect, review and provide Erfa with its decision as to whether to accept such return request. If the return request is accepted by the Merchant, Erfa will refund the Purchase Price of such Merchant Goods to the End Customer (or Subscriber if applicable).
  • In the event a Subscriber requests for a refund or a return of the Merchant Goods, the Subscriber shall ensure that the End Customer returns the Merchant Goods according to the Merchant’s return policy or other instructions. For avoidance of doubt, Erfa shall not be liable to make any refund to the End Customer (or Subscriber if applicable) if such refund has not been approved by the Merchant where applicable.
  • All refund payments made to the End Customer (or Subscriber if applicable) (whether partial or full refunds) shall include VAT and any other taxes which may become applicable from time to time.
  • Subscribers agree, and shall procure that End Customers agree, that in the event that the Merchant provides its final approval in relation to a request for refund of a Merchant Goods (in whole or in part), the Merchant shall be liable to fully refund the amount that it received in relation to such Merchant Goods to Erfa.
  • For avoidance of doubt, each Subscriber agrees, and shall procure that End Customers agree, that Erfa shall not be responsible or liable to assist with any refund or discount granted by the Merchant to an End Customer (or Subscriber if applicable) if such refund or discount has been processed by the End Customer (or Subscriber if applicable) using a method other than through the Platform.
  • While Erfa will use its best endeavours to amicably solve any dispute between an End Customer (or a Subscriber) and a Merchant in relation to Merchant Goods, each Subscriber agrees and acknowledges, and shall procure that End Customers agree, that Erfa is not responsible for resolving any disputes between an End Customer (or a Subscriber) and Merchants, whether related to a Confirmation Order cancellation, or any changes to a Confirmation Order, discount, refund, replacement or otherwise, and that Erfa disclaims any and all liability in this regard.
  • If a Subscriber raises a refund request in relation to a purchase through the Platform, Erfa may withhold payment of any disputed amounts (or, as necessary, such amount as Erfa reasonably considers may be disputed) until the dispute is resolved.
  1. Subscriber Conduct Rules and Restrictions
  • Subscribers agree to provide any information or documentation reasonably requested to verify their identity in connection with their order. Subscribers hereby authorize Erfa to make, directly or through third parties, any inquiries necessary to verify their identity.
  • Subscribers also undertake to provide us with any and all information and documentation that may be necessary for the performance of the Platform Services and/or the Merchant Services.
  • All Subscribers undertake to treat Users respectfully and use their best endeavours to ensure that each transaction is conducted in a professional manner.
  • Subscribers agree that they will not, under any circumstances, transmit any Content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, anti-national, anti-governmental, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of the Platform or any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Erfa and/or any third party; (vi) infringes on any proprietary right of Erfa and/or any third party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of Erfa’s employees or representatives; or (viii) violates the privacy of Erfa and/or any third party.
  • Erfa has the right to, in its sole discretion, determine whether or not any Subscriber’s conduct is appropriate and complies with these Terms and Conditions. You agree that Erfa has the right to terminate or deny access to your use of any Platform Service for any reason, with or without prior notice.
  1. Content
  • We are not responsible for any display or misuse of your User Content. You are solely responsible for the content of, and any harm resulting from, any User Content that you submit, post, upload, link to or otherwise make available on the Platform while using the Platform Service. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.
  • From time to time, Subscribers may submit reviews of Merchants that they worked with and their experience with Erfa; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Merchant Service and/or Platform Service. Erfa shall be under no obligation to display such reviews and may remove such reviews at any time at its sole discretion. Erfa will have no responsibility or liability of any kind for any review you encounter on or through the Platform, and any use of or reliance on such reviews is solely at your own risk.
  • All Content posted on the Platform, such as blog posts or reviews, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.
  • Subscribers represent and warrant that they have the right to post all User Content they submit. Specifically, Subscribers warrant that they have fully complied with any third-party licenses relating to User Content (if applicable), and have taken all steps and approvals necessary to post User Content on the Platform.
  • Subscribers agree and acknowledge that Erfa has the right to, in its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these Terms and Conditions, or refuse or remove any User Content that, in Erfa’s reasonable opinion, violates any Erfa policy or is in any way harmful, inappropriate, or objectionable. You further agree that Erfa has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform.
  • Except for Content that originates from Erfa, Erfa does not claim ownership of any Content that you post, upload or link to the Platform. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation photos, videos, recordings, company logos and reviews via the Platform, you however expressly grant Erfa and Erfa’s successors a worldwide, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, publish, reproduce, display, modify, adapt, and distribute such Content in connection with Erfa’s business and marketing purposes.
  1. Third-Party Content
  • As part of the Service, Erfa may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and Erfa has no control over third party platforms or content or the promotions, materials, information, goods or services available on them. Erfa is not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and other policies no longer govern.
  • For avoidance of doubt, this Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
  1. Intellectual Property
  • Erfa retains ownership of all intellectual property rights belonging to Erfa, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used on the Platform may be the trademarks of other third parties and may appear on the Platform as Third-Party Content. Erfa does not claim ownership of any intellectual property rights over any Third-Party Content made accessible through the Platform. This Agreement does not transfer from us to you any Erfa or any other intellectual property rights over Third-Party Content, and all right, title, and interest in and to such intellectual property will remain with the respective holders of such intellectual property rights. Erfa reserves all rights that are not expressly granted to you under this Agreement.
  • Specifically, Erfa and erfa3.shop are registered trademarks of Erfa; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Erfa.
  • If you believe that any material located on or linked to the Platform violates your copyright or other intellectual property rights, please notify us at [info@erfa3.company]. Erfa will terminate a Subscriber’s access to (and use of) the Platform if, under appropriate circumstances, a Subscriber is determined to be a repeat infringer of the copyrights or other intellectual property rights of Erfa or others without necessary rights and permissions.
  1. Email Communications
  • We use email and electronic means to stay in touch with our Users. You agree and understand that Erfa may send you emails about future Merchant Goods, Merchant Services, Platform Services and/or updates on our Platform Services.
  • For contractual purposes, Subscribers (i) consent to receive communications from Erfa in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Erfa provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clauses no.12.2(i) and no.12.2(ii), the Subscribers undertake to comply with clause no. 17.5 for any notification purposes.
  1. Termination
  • If you wish to terminate this Agreement, you may simply discontinue using Erfa. If you wish to delete your Account data, please contact Erfa at [info@erfa3.company]. Erfa will retain and use your information as necessary to comply with Erfa’s legal obligations, resolve disputes, and enforce Erfa’s agreements, and Erfa will delete your full profile to the extent possible (if applicable).
  • Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties hereto that have accrued up to the date of termination. Termination of this Agreement shall not release the Subscriber from any obligation to pay Erfa any amount that has accrued or becomes payable at or prior to the date of termination.
  • All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  1. Disclaimer of Warranties
  • While Erfa tries its best to verify Merchants’ information, conduct a due diligence and use commercially reasonable efforts to confirm any information provided by Merchants, Erfa does not make any warranty, guarantee, or representation as to any Merchant and/or Merchant Goods. Erfa has no control over and does not guarantee the quality or availability of any Merchant Goods. Merchants’ information and Merchant Goods may be available to you on the Merchants’ websites or physical stores and you agree to independently review, research and evaluate any Merchant and/or Merchant Goods.
  • We make no representation or warranty that the Platform Services and/or Merchant Service will meet your requirements; that the Platform Service and/or Merchant Service will be available at any particular time or location, that the Platform Service and/or Merchant Service will function in an uninterrupted manner or be secure; or that any defects or errors will be corrected. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Platform Service and/or Merchant Service.
  • You are solely responsible for all of your communications and interactions with other Users and Merchants with whom you communicate or interact as a result of your use of the Platform Services. You understand that Erfa is not required to screen or inquire into the background of any User or Merchant, nor does Erfa make any attempt to verify the statements of Users or Merchants. Erfa makes no representations or warranties as to the conduct of other Users or Merchants. You agree to take reasonable precautions in all communications and interactions with other Users and Merchants and with other persons with whom you communicate or interact as a result of your use of the Platform Services.
  1. Release and Indemnification
  • Each Subscriber agrees to indemnify and hold harmless Erfa from and against any and all claims, demands, actions, losses, damages, assessments, charges, third party liabilities, costs and expenses which may arise as a result of (i) the Subscriber’s use of the Platform and the Platform Service or violation of this Agreement; or (ii) any loss of profit, property or business reputation, or otherwise that may be caused as a result of the Subscriber’s use of any Platform Service or Merchant Services; or (iii) errors, mistakes, or inaccuracies of User Content, and/or information available on or through the Platform; or (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted by a Subscriber to or through the Platform; (v) any dispute, conflict or disagreement with a third party or between the Subscriber (or an End Customer) and a Merchant or between the Subscriber and an End Customer in connection with any Platform Services, Merchant Goods, or Merchant Services; and (vi) any dispute, conflict or disagreement between Erfa and an End Customer in connection with any Platform Services, Merchant Goods, or Merchant Services.
  • You hereby release Erfa from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of a dispute with a Merchant or a dispute between a Subscriber and an End Customer.
  • Subscribers agree that Erfa and each Merchant jointly and severally have the power to file and pursue lawsuits against any Subscriber in respect of any claims, demands, actions, losses, damages, fines, charges, liabilities, costs and expenses which have been suffered or incurred by Erfa or the Merchant, directly or indirectly, and that have been caused by the Subscriber as a result of the Subscriber’s use of any Platform Service and/or Merchant Services.
  • Subscribers agree that in no event will Erfa be liable, responsible or otherwise, to you or to third parties for any damages or losses that may arise from (i) the failure, interruption or disruption of any service to maintain a Subscriber’s access to the Platform or the Platform Services, regardless of whether the service is provided by Erfa, a Merchant or a third party or (ii) the quality, accuracy, timeliness, reliability, safety, performance of a Merchant, Merchant Services, Merchant Goods and/or the Platform, completeness or delays, breach, omissions, or interruptions in the delivery of any Platform Services, Merchant Services or Merchant Goods; or (iii) errors, mistakes, or inaccuracies of any Content, Erfa’s Content and/or information available on or through the Platform, or (iv) any unauthorized access to or use of Erfa’s servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from Erfa’s servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, or (v) any failure or delay in the execution of any transactions through the Platform and/or the Platform Services or, (vi) any dispute, conflict or disagreement with third parties or between a Merchant and a Subscriber or and End Customer or between a Subscriber and an End Customer in connection with any Platform Services, Merchant Services, a Confirmation Order cancellation, or any changes to a Confirmation Order, discount, refund, replacement or otherwise; and (vii) any refund, return, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or otherwise that may occur to a User as a result of a Subscriber’s use of any Merchant Services and/or Platform Services.
  1. Miscellaneous
  • Governing Law: This Agreement between you and Erfa and any access to or use of the Platform and/or the Platform Services are governed by the federal laws of the United Arab Emirates. Any dispute which may arise between a Subscriber and Erfa pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which Courts of Dubai shall be the competent authority to settle the same.
  • Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Erfa to enforce any provision of this Agreement will not be considered a waiver of Erfa’s right to enforce such provision. Erfa’s rights under this Agreement will survive any termination of this Agreement.
  • Assignability: Erfa may assign or delegate its rights or obligations under these Terms and Conditions and/or Erfa’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations under the Terms and Conditions or Privacy Policy without Erfa’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.
  • Notices to Subscribers: Reports, statements, notices and any other communications may be transmitted by Erfa to Subscribers via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a Subscriber when electrotonically sent by Erfa to Subscriber to the email address specified in the Subscriber’s Account.
  • Notices to Erfa: Reports, statements, notices and any other communications may be transmitted by a Subscriber to Erfa at [info@erfa3.company]. All communications and notices shall be deemed to be received or served (as applicable) to Erfa when electrotonically received by Erfa at [info@erfa3.company].
  • Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.

You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.

These Subscriber Terms & Conditions is deemed Effective from the date of registration of the Subscriber on the Platform.

Any complaints or concerns with regard to the Platform or any breach of these Terms or Privacy Policy can be directed via email to application@erfa3.company

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