Terms Of Services

This website is created and operated by M/s GMG TRADING LLC (hereinafter referred to as "We", "Our" and "Us") and operates under the brand name "KAYFI" ("Brand Name"). We want to ensure that you continuously use this website and the services we offer through our website "www.kayfi.com" ("Website")

1. For the purposes of these terms of use ("Terms of Use"), the terms "we", "Company", "our" and "us" refer to the Website where the context requires.

2. "You", "Your", "Yourself", "Users" refer to individuals and entities who are users of this Website provided by us and who are authorized to enter into binding contracts under the UAE law.

3. "Third Party" refers to any website, platform or person other than the users and the creator of this website.

 

GENERAL TERMS AND CONDITIONS

1. The section headings in these Terms of Use are intended only to organize the various provisions of these Terms of Use in an orderly manner and are to be used by you to construe the provisions contained herein as they may apply to you. In addition, you expressly agree that the headings have any legal or contractual significance to your use of the Site.

2. Your use of this Website is subject solely to these Terms of Use, Privacy Policy, which may be uploaded to the Website, and any modifications or amendments we may make from time to time in our sole discretion. If you, as a user, continue to access and use this Website, you agree to comply with and be bound by the following Terms of Use and Privacy Policy.

3. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are inherently related and that the expiration/termination of either agreement will result in the termination of the other.

4. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us and that you are subject to the rules, guidelines, policies, terms and conditions that govern your use of the Site and that they shall be deemed to be incorporated into and treated as an integral part of these Terms of Use. You acknowledge and agree that no signature or express action is required to make these Terms of Use and the Privacy Policy binding on you, and that your visit to any portion of the Site constitutes your full and final agreement to these Terms of Use and the Privacy Policy.

5. We reserve the sole and exclusive right to amend or modify these Terms of Use without prior approval or notice to you, and you expressly agree that such amendments or modifications shall be effective immediately. If you do not comply with the changes, you must immediately discontinue using the Website. Your continued use of the Site will signify your acceptance of the amended terms.

 

REGISTRATION

Registration is mandatory for our website. Registration is considered complete after the registered user is confirmed by email or mobile phone.
We allow the linking of social media platforms such as  Facebook, Instagram, You Tube, Twitter etc.

TERMS OF ADMISSION

1. You represent and warrant that you are capable and authorized to enter into legally binding agreements and that you are of legal age and have the requisite authority to be bound by these Terms of Use in accordance with the law. However, if you are a minor and are using this Website, you may do so with the consent of your legal guardian. All acts of minors shall be deemed to be acts done under the supervision of their legal representative.

2. You further represent and warrant that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

3. You may not use the Site if you lack legal capacity or are barred from using the Site by any other applicable law, rule or regulation.

 

PAYMENT GATEWAY

All payments for purchases on the Site require you to make a payment for which you will be directed to a third-party payment gateway with which we may have an agreement. The payment gateway may additionally collect information from you in order to process payment for your purchase and may additionally charge you for any applicable payment gateway fees. The payment gateway consists of Debit Card /credit card/net banking/UPI and other wallet options. All payment related aspects are governed by the terms and conditions and other policies of the relevant payment gateway.

 

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, "Content") are created/provided by or based on information provided by users or third parties. We have no control over and make no warranties as to the quality, accuracy, integrity or authenticity of any such Content or other information provided on the Website.

All content displayed on the Website is subject to copyright and may not be reused by you (or any third party) without the prior written consent of us and the copyright owner.

You are solely responsible for the integrity, authenticity, quality and genuineness of the Content provided on the Website and although you may provide feedback and comments through the Website, we shall have no liability whatsoever for any feedback or comments provided by other users or in relation to any Content on the Website. In addition, the Website reserves the right to suspend a user's account for an indefinite period of time, decided at the discretion of the Website, or terminate the account of any user who has created or shared or submitted any Content or any part thereof that is deemed to be untrue/incorrect/misleading or offensive/vulgar. You shall be solely responsible for compensating any financial or legal losses incurred as a result of creating/sharing/submitting any content or portion thereof that is deemed untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable and limited right to access the Content on the Website. You may not copy, adapt or modify any content without written permission from us.

LIABILITY

You agree to indemnify, defend and hold us and our respective directors, officers, employees and agents (collectively, the "Parties") harmless from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorneys' fees and expenses in connection therewith, and interest chargeable thereon) asserted against or incurred by us and arising out of, resulting from, or potentially payable by reason of any breach or non-performance of any representation, warranty, covenant or agreement made or to be made under these Terms of Use. You further agree to indemnify us against any third party claims arising out of or in connection with:

1. Your use of the Website,

2. Your violation of these Terms of Use;

3. Your violation of any third party rights;

4. Your allegedly inappropriate conduct under these Terms of Use;

5. Your conduct in connection with the Website;

You agree to fully indemnify us at your expense. You also agree not to settle with any party without our consent.

In no event will we be liable to indemnify you or any third party for any special, incidental, indirect or consequential damages, including those resulting from loss of use, data or profits, whether or not foreseeable and whether or not you have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tort or other claim arising out of or in connection with your use of or access to the Site and/or the Services or the materials contained therein.

LIMITATION OF LIABILITY OF

1. We are not responsible for any consequences arising from the following events:

a. If the Website is inoperable/unresponsive due to connectivity failures related to the Internet connection, such as slow connectivity, no connectivity, server downtime;

b. If you have entered incorrect information or data or if data has been deleted;

c. If there is an unreasonable delay or inability to communicate via email;

d. If there is any shortcoming or defect in the services we administer;

e. If there is a failure in the operation of any other service provided by us.

2. The Website will not be liable for any errors or omissions on its own behalf or for any damages to you, your property or any third party arising from the use or misuse of the Website or any service accessed by us through the Website. The Service and any content or materials displayed on the Service are provided without any warranties, conditions or representations as to their accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Website.

3. You shall comply with all laws applicable to you or your activities and all policies hereby incorporated by reference into these Terms of Use.

4. The Website expressly disclaims any and all liability for any loss or damage that was not reasonably foreseeable by the Website and that you incur in connection with the Website, including lost profits, and for any loss or damage you incur as a result of any breach of these Terms of Use.

5. To the fullest extent permitted by law, we will not be liable to you or any other party for any loss or damage, regardless of the form of action or the basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website.

TERM

1. These Terms of Use continue to constitute a valid and binding contract between us and will remain in full force and effect for as long as you access and use the Sites.

2. You may terminate your use of the Websites at any time.

3. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate your access to the Site at any time and for any reason if a discrepancy or legal issue arises.

4. Such suspension or termination shall not limit our right to take such other action against you as we deem appropriate.

5. It is also hereby stated that we may discontinue the Services and Websites without prior notice.

 

TERMINATION

1. We reserve the right, in our sole discretion, to unilaterally terminate your access to the Site or any portion thereof at any time, without notice or cause.

2. We also reserve the general right to deny you access to any/all areas of the Website without prior notice/explanation in order to protect the interests of the Website and/or other users of the Website.

3. We reserve the right to restrict, deny or change access to the Website and its features for different users or introduce new features without prior notice.

4. You shall continue to be bound by these Terms of Use, and you expressly agree that you shall not be entitled to terminate these Terms of Use until the same expire.

 

COMMUNICATION

By using this Website and providing us with your identity and contact information through the Website, you agree that you may receive calls, emails or text messages from us and/or one of our representatives at any time.

You may report to "support@kayfi.com" if you notice any discrepancy regarding the website or content-related information, and we will take necessary action after investigation. The response with resolution (if problems are found) will depend on the time taken for the investigation.

You expressly agree that, notwithstanding the foregoing, you may be contacted by us regarding the services you have used on the Site or anything related thereto, and you agree to hold us harmless from any claims of harassment. We expressly agree that all information disclosed by us will be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL OBLIGATIONS AS CONDUCT

You agree and acknowledge that you are a limited user of this website and you:

1. You agree to provide real credentials during the process whenever requested by the Website. You must not use a fictitious identity for registration purposes. We will not be liable if you provide false information.

2. You agree to ensure that your name, email address, address, mobile phone number and any other information you provide when registering your account is valid at all times and that you keep your information accurate and up to date.

3. You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to terminate your account at any time and for any reason.

4. You authorize the Site to use, store or otherwise process certain personal information and any posted content, responses, locations, user comments, reviews and ratings for personalization of services, marketing and promotional purposes and to optimize user-related options and services.

5. You understand and agree that, to the fullest extent permitted by law, the Website or any of its affiliates or their respective officers, directors, employees, agents, licensors, representatives, operating service providers, advertisers or suppliers shall not be liable for any loss or damage of any kind, directly or indirectly, in connection with or arising out of your use of the Website or these Terms of Use, including but not limited to compensatory, consequential, incidental, indirect, special or punitive damages.

6. You agree not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer or sell any information obtained from the Website. Such use/restricted use of the Website is permitted only with prior express written permission.

7. You agree not to access (or attempt to access) the Website and/or the Materials or Services solely through the interface provided by the Website. The use of deep-links, robots, spiders or other automated devices, programs, algorithms or methods, or similar or equivalent manual processes to access, acquire, copy or monitor the Website or its Content, or to reproduce or circumvent the navigational structure or presentation of the Website, Materials or Content in any way, or to obtain or attempt to obtain any materials, documents or information in any manner not specifically made available through the Website, will result in the suspension or termination of your access to the Website. We disclaim all liability in connection with such objectionable content on the Site.

8. You expressly agree and acknowledge that user-generated content displayed on the Website is not our property and that we are in no way responsible for the content thereof. However, you may report any offensive or objectionable content, which we may then remove from the Website at our sole discretion.

 

You further agree not to:

1. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or to the servers and networks connected to the Website);

2. Impersonate any person or entity or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

3. Test, scan or probe the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures of the Site or any network connected to the Site. User shall not trace or attempt to trace any information relating to any other user of or visitor to the Website or any other viewer of the Website, including any user account on the Website not operated/managed by User, or exploit the Website or any information provided or offered by or through the Website in any way;

4. Interfere with or compromise the security of, or otherwise cause damage to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked websites.

5. Use the Site or any materials or content contained therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of this Site or any other third party;

6. Violate any code of conduct or policy applicable to a particular service offered on the Site;

7. Violate any applicable law, rule or regulation currently in force within or outside UAE;

8. Violate any part of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Website contained herein or elsewhere, whether made by amendment, modification or otherwise;

9. Commit any act that causes us to lose the services of its Internet Establishment ("ISP") (in whole or in part) or in any way interferes with the services of any other supplier/service provider of the Website;

10. You hereby expressly authorize us to disclose any information about you in our possession to law enforcement or other government officials as we, in our sole discretion, deem necessary or appropriate in connection with the investigation and/or detection of possible criminal offenses, including but not limited to personal injury and theft/infringement of intellectual property. You further acknowledge that the Site may be directed to disclose any information (including the identity of any person providing information or materials on the Site) if required to comply with any court order, law, regulation or valid governmental request.

11. By consenting to use the services offered on the Site, you agree to complete such transactions upon payment. You are prohibited from consenting to use any services if the transactions remain incomplete.

12. You agree to use the services offered by us, our partners, consultants and contractors only for lawful purposes.

13. You agree to provide authentic and truthful information. We reserve the right to confirm and validate the information and other details provided by you at any time. If, upon validation, such information is found to be false or untrue (in whole or in part), we will, in our sole discretion, reject the registration and bar you from using the Website without prior notice to you.

14. You agree not to post any material on the Website that is defamatory, libelous, obscene, indecent, abusive or unnecessarily harassing, or that promotes goods or services. In particular, you agree not to host, display, upload, update, post, modify, transmit or share in any way any information that:

1. Belongs to another person and to which you have no right;

2. Are grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, disparaging, related to or soliciting money laundering or gambling, or otherwise unlawful;

3. Is in any way harmful to minors;

4. Infringes any patent, trademark, copyright or other proprietary right of third parties;

5. Violates any applicable law;

6. Deceive or mislead the addressee as to the origin of such messages or transmit information that is grossly offensive or threatening;

7. Abuse, harass, threaten, defame, disillusion, undermine, abrogate, degrade or otherwise violate the rights of others;

8. Impersonating another person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

9. Publish, post or disseminate any grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or racially or ethnically offensive, disparaging, money laundering or gambling related or soliciting or otherwise unlawful information; or unlawfully threatening or unlawfully harassing, including but not limited to "indecent portrayal of women" as defined in the Indecent Representation of Women (Prohibition) Act, 1986;

10. Threatens the unity, integrity, defense, security or sovereignty of UAE, friendly relations with foreign states or public order or incites the commission of a cognizable offence or obstructs the investigation of an offence or insults another nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding any other remedy available, we may, in our sole discretion, restrict your access and/or activity by either temporarily or indefinitely removing your credentials or suspending/terminating your connation to the Website and/or denying you use of the Website without notice or cause:

1. If you violate any of these Terms of Use or the Privacy Policy;

2. If you have provided false, inaccurate, incomplete or incorrect information;

3. If your actions cause harm or loss to other users or to us, in our sole discretion.

INTELLECTUAL & PROPERTY RIGHTS

Except as expressly agreed in writing, nothing contained herein shall give you any right to use any trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features except as provided in these Terms of Use, which are available on the Site. All logos, trademarks, trade names, service marks, domain names, including materials, designs and graphics created and developed by either the Site or a third party, and other distinctive brand features of the Site are the property of the Site or the respective copyright or trademark owner. In addition, with respect to the Website, we are the sole owner of all designs, graphics and the like associated with the Website.

You are prohibited from using any intellectual property displayed on the Website in any manner that could cause confusion among existing or potential users of the Website or in any manner that disparages or discredits the Website, in our sole discretion.

You understand that all intellectual property, including but not limited to copyrights, with respect to said services is owned by the owners and that such intellectual property is not transferred at any time from the aforementioned owners. You understand that we are merely providing the website through which you may communicate with other users, and that the website does not own any intellectual property with respect to the independent content displayed on the website, other than the graphics created and certain content.

You further understand that any reproduction or infringement by you of the aforementioned owners' intellectual property will result in legal action being taken against you by the respective owners of the intellectual property so reproduced/infringed. You agree that the contents of this section shall survive the termination or expiration of these Terms of Use and/or Privacy Policy.

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under UAE copyright laws and international conventions. All rights are reserved.

 

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. You further agree and undertake that you access the Website at your own risk and that you will use your best and prudent judgment before using any features of the Website or accessing or using any information displayed thereon.

2. You agree that any information, resources, activities, recommendations obtained from the Website, whether written or oral, are not warranties and we disclaim any liability arising therefrom.

3. We do not warrant that the functions and content contained on the Website will be uninterrupted or error-free, or that the Website or its server are free of viruses or other harmful components, and you hereby expressly accept all related risks associated with the use of the Website.

4. You further agree that the contents of this section shall survive the termination or expiration of the Terms of Use and/or Privacy Policy.

 

HIGHLIGHTS

We will not be liable for any loss or damage caused by any delay or failure in performing our obligations if such delay or failure is due to causes beyond our reasonable control or caused without our fault or negligence by Force Majeure events, including but not limited to acts of war, acts of God, earthquakes, riots, fires, festive activities, sabotage, labor shortages or disputes, internet interruptions, technical failures, undersea cable disruptions, hacking, piracy, fraud, illegal or unauthorized activities.

DISPUTES RESOLUTION AND JURISDICTION

You expressly agree that the formation, interpretation and performance of these Terms of Use and any disputes arising hereunder shall be resolved by arbitration. You further agree that the contents of this section shall survive the termination or expiration of the Terms of Use and/or Privacy Policy.
Arbitration: In the event that the parties are unable to resolve any dispute amicably, said dispute shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by us, and the award rendered by such sole arbitrator shall be valid and binding upon all parties. All costs of the arbitration shall be borne solely in accordance with the arbitrator's award. The arbitration shall be conducted in English and the seat of the arbitration shall be Dubai, UAE.
You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the parties shall be governed by the laws, rules and regulations of the UAE.

MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms of Use, together with the Privacy Policy website, constitute the complete and final agreement between us with respect to the subject matter hereof and supersede all other communications, representations and agreements (whether oral, written or otherwise) with respect thereto.

2. Waiver: The failure to require performance of any provision of these Terms of Use at any time shall in no way affect our right to enforce the same at a later date. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed to be a further or continuing waiver of such breach or a waiver of any other breach of these Terms of Use.

3. Severability: If any provision/clause of these Terms of Use is found to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms of Use shall not in any way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such event, these Terms of Use shall be reformed to correct such invalidity, illegality or unenforceability to the maximum extent possible while preserving the original rights, intentions and business expectations of the parties as expressed herein.

Contact Us: If you have any questions about these Terms of Use, the practices of the Site, or your experience with the Site, you may contact us by email at support@kayfi.com.