By availing the Logistics Services and/ or Payment Services (defined below) of Third Party Service Providers (hereinafter referred to as ‘we’/ ‘us’), Buyer or any other party acting on their behalf with an interest in the Order(s) (defined below), (hereinafter collectively referred to as ‘you’), agree to be bound by the terms and conditions set out herein below (“Terms”).
In these Terms:
1. “Buyer(s)” shall mean the person or individual who has purchased the Products offered for sale by the Byky on the Platform and is availing Logistics Services and Payment Services from us.
2. “Chargeback” is a settled transaction that is reversed to the Buyer(s) by the Payment Instruments, upon receiving a chargeback request from the Buyer(s), upon failure of the Byky to provide an explanation along with documentary evidence that the chargeback request should be rejected.
3. ‘Consignee’ shall mean the Buyer or any person named in the Delivery Note or any of his/her representatives that takes the delivery of Shipment being transported.
4. ‘Dangerous Goods’ includes products that are or may become of a dangerous, hazardous, inflammable, radioactive, or damaging nature, products liable to taint or affect other products and products likely to harbor or encourage vermin or other pests.
5. ‘Delivery Note’ shall means the Waybill containing the essential information (as determined by us on our sole discretion) required for the performance of the Logistics Services, including name, delivery address and contact number (if applicable) of the Consignee or the designated recipient of the Shipment, description of the contents of the Shipment (if applicable) and COD details (if applicable).
6. ‘Logistics Services’ means the shipping, delivery, including cash on delivery (“COD”) services and other services provided by us to you pursuant to these Terms.
7. “Order(s)” shall mean order placed by the Buyer(s) for purchase of Products prescribed by Byky. Each Order shall be specifically designated by a unique order number.
8. “Order Detail(s)” shall mean the details relating to the Order including without limitation, the description of Products, cost of the Products, total amount payable, delivery date etc.
9. “Payment Services” shall mean the collection of payments by us, for the Order(s), from the Buyer(s): (i) using Payment Instruments (defined below), various banks or financial institutions, that enables the Buyer(s) to pay online; and/ or (ii) for cash on delivery Order(s), by collecting cash and remitting the same to the Byky.
10. ‘Platform’ means the any website and/ or mobile application whereby Byky display/ list and sell their Products.
11. “Product(s)” shall mean multiple categories of goods including but not limited to mobiles, cameras, computers, apparels, footwear, healthcare and personal products, consumer home appliances and consumer electronics etc.
12. ‘Shipment(s) / Consignment(s)’ means all Products (excluding documents) that travel under one Delivery Note and which may be carried by any means we choose in our discretion, including air, road or any other carrier.
13. ‘Waybill’ shall include any label that may be produced by us under automated systems, air waybill, or consignment note.
2. If you are availing the Logistics Services from us, you agree to be bound by the following terms and conditions:
1. Conditions to Provision of Logistics Services:
1. We, in our sole discretion, reserve the right to refuse the delivery of any Shipment and/ or forfeit delivery of any Shipment without any liability thereof.
2. We are entitled to select third party service providers (including but not limited to carriers, storage keepers, warehousing agents, stuffing agents, packers, surveyors, transporters) as independent agents for performance of the Logistics Services under these Terms and Conditions.
3. Consignments which contain Dangerous Goods or such goods that are expressly prohibited by the railway/airport authority or any other transport agency or government authority or any other law or regulation that may be applicable shall not be accepted by us for delivery.
4. Consignments addressed to a post box number or with incomplete address will not be delivered by us and the same will be rejected by us.
5. We may, in our sole discretion, reject any Shipment for the provision of Logistics Services and shall return such rejected Shipment in accordance with the relevant return policy that may be notified by us, from time to time.
6. We reserve our right to weigh the Shipment at our own weighing centers and in the event of any discrepancy, additional charges may be levied on the Shipment. Any decision by us with respect to any inaccuracy in the information or discrepancy in weight shall be final and you hereby authorize us to determine the accurate weight on your behalf.
7. We shall not be liable for any loss arising due to confiscation of Shipments by any government agencies due to lack of proper documents or inaccurate information provided to us.
2. Delivery Services:
1. Upon receiving a service order for the Logistics Services, we shall use our best endeavours to deliver the Shipment(s) to the delivery address and designated recipient in the Delivery Note. For the avoidance of doubt, the designated recipient may not be the Consignee. We will endeavour to verify the identification of the person receiving the Package at the designated delivery address and obtain the signature of such person’s signature on the Delivery Note.
2. For onward delivery of Shipments, we will print Delivery Note containing information with respect to Shipment.
3. Shipments shall be delivered on ‘as is’ basis and unless agreed otherwise, we are under no obligation to inspect the contents of the Shipment. However, we may, in our sole discretion, at any time, inspect the contents of Shipment to ensure compliance to these Terms.
4. Every effort will be made to adhere to the delivery schedule; however, the Shipment may be delayed due to circumstances beyond our reasonable control.
5. If the performance of our obligations, in our reasonable opinion is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage whatsoever and which cannot be avoided by our reasonable endeavors, we may, on giving notice in writing to you or without notice where it is not reasonably possible to give such notice, treat the performance of the obligations as terminated and place the Shipment or any part of them at your disposal at any place which we may deem safe and convenient, whereupon our responsibility in respect of the Shipment shall cease. Buyer shall be responsible for any additional costs of carriage to, and delivery and storage at, such place and all other expenses incurred by us in this regard.
6. Notwithstanding anything contained herein, our total aggregate liability for any claims or losses that may arise in connection to this shall be limited to the amount recovered by us from the insurance company in respect of Products in dispute.
3. Failed Delivery or Undelivered Shipment:
1. You acknowledge that a delivery failure (“Failed Delivery” or “Undelivered Shipment”) may occur for various reasons, including but not limited to:
2. the Consignee’s name is incorrectly stated in the Delivery Note;
3. the delivery address is incorrectly stated in the Delivery Note;
4. there is no recipient available at the designated delivery address to receive the Shipment;
5. the recipient refuses to receive the Shipment.
4. In the event of a Failed Delivery due to the reasons stated in clause (a) above, we shall retain the Shipment and make a reasonable number of re-delivery attempts (as determined by us in our sole discretion) to deliver the Shipment.
5. Our decision with respect to settlement of the claim/ dispute shall be final and binding on the Buyer and we shall not entertain any further claims once the claim/ dispute has been settled/ resolved by us.
1. You agree to indemnify, defend and hold harmless us, our affiliates and their related officers, directors, employees, agents and sub-contractors from and against all liability, loss, claims (including claims from third parties, sub-contractors or agents), damages, awards, penalties (including penalties imposed by government or regulatory authorities) or expenses (including attorney’s fees) arising out of or related to:
1. any breach of your obligations, representations or warranties under these Terms;
2. any non-compliance of applicable law from your part;
3. any claim or action by a third party in connection with any defect of any products handled by you;
4. information (whether to us or our affiliates, or their sub-contractors, agents or service providers, or government or regulatory authorities) in relation to the Shipment or otherwise pursuant to these Terms or in contemplation of the Logistics Services, that is incorrect, misleading, or erroneous;
5. your omission to provide information or documentation required by us or any government or regulatory authorities;
6. any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the advertising, publishing, promotion, manufacture, sale, distribution or use of any of the products;
7. any alleged or actual personal injury, death or property damage suffered by any party arising from the supply or sale of the Shipment to that party;
8. any claim by a third party or Consignee made pursuant to, or liability arising under any consumer protection laws, including any non-conformity or defect in, or any recall of, any of products.
4. Limitation of Liability:
In no event will we be liable for indirect, incidental, special or consequential damages, including loss of use, loss of profits or interruption of business, howsoever caused or on any theory of liability. We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) an act or order of any government authority; (d) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour; (e) explosion, fire, flood or storm; (f) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; (g) any loss, miss-delivery, delay or damage to any Shipment; and/or (h) any dispute or claims between us including without limitation relating to the Shipment or Products hereunder.
Our aggregate liability (inclusive of interest and legal and other costs) arising under or in connection with the Logistics Services (whether by reason of any negligence or any non-fraudulent misrepresentation, any breach of contract or any express or implied warranty, condition or term of these Terms or any duty at common law) will not in any way exceed an amount of AED 500/-.
1. We shall charge the Buyer for providing Logistics Services and unless otherwise stated, all such charges shall be exclusive of VAT and Excise Tax. The charges payable for availing the Logistics Services will be displayed in the Rate Card section of the Platform and the same may be modified or amended, from time to time, solely in our discretion without any notice thereof. It shall be Buyer’s duty to routinely check on such charges. In the event you continue to avail the Logistics Services from us, it shall be deemed that you have agreed to such change in charges.
2. Any other charges levied by any Federal/state/local authorities wherever applicable shall be extra and Buyer shall be liable to pay the same.
3. The charges shall be subject to applicable taxes, as per prevailing applicable laws
1. We shall have a general and particular lien on the goods and other contents of Shipments and all documents relating thereto in an event of the default by you in the payment of sums of whatever nature due and payable by you to us including, without limitation, charge for attending, co-operating, reporting, fumigating, devanning, restoring, storing or reconditioning and/or all expenses incurred for the benefit or protection of the Shipments, and also for any payments, duties, fines or other expenses including but not limited to interest and legal costs and expenses, due at any time to us from you. If any amount due and payable by you to us is not paid, upon the giving of fifteen (15) calendar days prior written notice, we may, at our absolute discretion and without notice, suspend or stop providing all or any part of the Logistics Services without any liability whatsoever to you or any third party and, at our absolute discretion, may proceed to repossess and sell the Shipments by way of public auction or private tender without further notice. Our rights are reserved for any shortfall subsequent to the disposal of the Shipments.
If you are availing the Payment Services from us, you agree to be bound by the following terms and conditions:
1. Payment Services:
1. In order to facilitate the purchase of Products by Buyer(s), we have entered into arrangements with various third-party payment providers (Payment Gate way etc.) such as pre-paid cash cards, wallets, banks, or financial institutions and such other entities (“Payment Instrument(s)”) as may be determined by us, in our sole discretion, which shall enable the Buyer(s) to pay for the Orders placed by the Buyer(s) on the Platform.
2. Buyer(s) hereby agrees and acknowledges that we shall collect the payment, for the Orders placed by the Buyer(s). By availing the Payment Services, Buyer(s) authorizes us and our authorized representatives to collect the transaction amount payable for an Order from the Buyer(s). Byky may at its sole discretion allow/ restrict any of the buyer(s) any of the facilities including Cash on Delivery.
3. Upon placement of Order on Platform, Buyer(s) shall be able to make payment for the Order placed by the Buyer(s) for completing the transaction through one of the Payment Instruments or methods of payment prescribed by us and made available, from time to time, on the Platform.
4. At the time of placing the Order on Platform, we may in our sole discretion require Buyer(s) to pay an advance amount equivalent to a certain percentage of the value of the Product(s) purchased (“Advance Amount”). Such Advance Amount payable by the Buyer(s) shall in no event exceed the transaction amount for an Order and shall be adjusted from payment received from the Buyer(s) against the Order delivered. In the event of any cancellation of the Order by the Buyer(s), we may in our sole discretion either:
1. refund the Advance Amount to the Buyer(s);
2. forfeit the Advance Amount as cancellation fee; or
3. transfer the Advance Amount to the Byky;
You agree and acknowledge that our decision in this regard shall be final and binding. If you do not agree to the above, you may choose not to transact on the Platform. If you transact on the Platform, it shall be deemed that you have agreed and accepted the above terms.
5. Buyer(s) hereby acknowledges that the Buyer(s) shall be solely responsible for the transactions / payments for the Products purchased by the Buyer(s).
6. Buyer(s) hereby consents and agrees to comply with guidelines, instructions, requests, etc., as may be made by us or third party banks or financial institutions, as the case may be or a payment system provider or Payment Instrument from time to time, in relation to these Payment Services.
8. Submission of Personal Information:
1. You agree that the personal information including without limitation name, address, contact number, credit card details (” Personal Information”) that you provide on the Platform upon registration shall be made available to us by Platform operator at the time of your availing the Payment Services. You represent and warrant that, at all times, this Personal Information will be true, accurate, current and complete.
2. You agree to maintain and update the Personal Information in case of any change and shall ensure that the Personal Information provided by you is true, accurate and complete.
3. It is hereby clarified that we shall not be liable in any manner whatsoever for any loss or damage incurred by you or any dispute initiated by or against you, due any untrue, inaccurate, not current or incomplete Personal Information provided to us.
9. Cancellation and Refunds:
We hereby undertake and agree that in the event of a cancellation (if applicable) or refund request being made by the Buyer(s) in accordance with the prevailing laws, all refunds shall be processed based on the proportionate price of the product shown in the invoice or the price of the proportionate price of the damaged product on the day of return, whichever is lesser. Refund amount will reflect in the Buyer’s account, as the case may be based on respective banks policies.
10. Limitation of Liability:
1. You acknowledge that apart from direct delivery we may provide one or more Third Party Service Providers which are more fully described under the ‘Definitions’ clause above for the Logistics Services / Payment Services. You further acknowledge and agree that Platform has no role to play in the provision of Logistics Services / Payment Services by such Third Party Service Providers and you shall not hold the Platform liable for any deficiency in services by such Third Party Service Providers.
2. You acknowledge that our liability with respect to the Payment Services shall be limited maximum to the value of damaged products on return and subject to these terms and conditions.
3. You acknowledge that the Payment Services are being provided on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. You further agree that we reserve the right to suspend the Payment Services, forthwith without assigning any reason whatsoever, at our sole discretion.
4. You agree and confirm that the Payment Services are being provided to you on a best efforts basis with all efforts to keep these valid and subsisting. We shall not in any manner be liable to you for failure or delay in providing the Payment Services.
5. You acknowledge that the entire risk of using the Payment Services, to the maximum extent permitted by applicable law, in no event we shall be liable to you for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access of the Payment Services or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the website, whether or not foreseeable and whether or not we 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 tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Payment Services. Further, we shall not be liable to you for any temporary disablement, permanent discontinuance of the Payment Services by us or for any consequences resulting from such actions.
6. Our aggregate liability (inclusive of interest and legal and other costs) arising under or in connection with Payment Services (whether by reason of any negligence or any non-fraudulent misrepresentation, any breach of contract or any express or implied warranty, condition or term of these Terms or any duty at common law) will not in any way exceed an amount of AED 100/-
11. Miscellaneous Clauses:
1. We shall not be liable for any loss arising due to the causes beyond our control including without limitation, act of god, floods, accidents, fire, theft, war or any other force majeure event.
2. All matters of business should be settled exclusively within the jurisdiction of the DUBAI, UAE and shall be subject to exclusive jurisdiction of courts at DUBAI, United Arab Emirates.
3. Any right arising out of these Terms shall not be assigned by you without our prior written consent. Any purported transfer, assignment, or delegation without such prior written consent shall be null and void. We may assign or transfer these Terms for any reason to any person. Subject to the foregoing, these Terms shall bind and inure to the benefit of each party’s successors and permitted assigns.
5. We may modify these Terms from time to time, and any such changes will be reflected on the Platform and be effective immediately upon the changes being reflected on the Platform. You agree to be bound to any such changes or modifications and understand and accept the importance of regularly reviewing these Terms as updated on the Platform.
6. The relationship between you and us is one of independent contractors, and nothing contained in these Terms will be construed to (a) give either party the power to direct and control the day-to-day activities of the other, (b) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (c) allow you to create or assume any obligation on our behalf for any purpose whatsoever.