1. Introduction
Our website can be accessed at www.expandabrand.ae related mobi-sites and software applications (the “Website”) and is owned and operated by Driving Force Advertising LLC (“Expand a Brand”, “Driving Force”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”, “Terms“) govern the ordering, sale, delivery and return of Goods, and the use of our website.
These Terms and Conditions are binding against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.
2. Amendments
We reserve the right to:
update these Terms and Conditions from time to time. Any changes will be notified to you via a suitable announcement on the Website. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and
modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. Privacy Policy
We will collect and use personal information in accordance with our Privacy Policy.
4. Important Notice
These Terms and Conditions are to be read together with our Privacy Policy, which policies are incorporated by way of reference into these Terms and Conditions.
These Terms and Conditions contain provisions which –
may limit the risk or liability of Expand a Brand or a third party (see clauses 10,11 and 12); and/or
may create risk or liability for the user; and/or
may compel the user to indemnify Expand a Brand or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Expand a Brand to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with the Goods or the use of functionality of this website and the implications thereof for you please pay particular attention to all these terms and conditions and address any queries to Expand a Brand before making use of this Website or ordering any Goods.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Expand a Brand in terms of the CPA or any other related legislation.
Expand a Brand permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions (including Expand a Brand’s Policies) unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.
5. Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Expand a Brand may accept or reject. Whether or not Expand a Brand accepts an order depends on the availability of Goods, correctness of the information provided by you (including without limitation your personal particulars) and receipt of payment or payment authorisation by Expand a Brand for the Goods.
Expand a Brand will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Expand a Brand or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Expand a Brand stating that your order or payment has been confirmed. Expand a Brand will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Once payment has been made you may not cancel an order. You will need to wait till prior delivery and then follow the returns policy
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Expand a Brand, Expand a Brand will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Expand a Brand will notify you, within reasonable time of your order and you will be entitled to a refund of the amount paid by you for such Goods.
6. Payment
We are committed to providing secure online payment facilities through our third party service providers.
Payment can be made to Expand a Brand for Goods via –
debit card;
credit card;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. The order will not be finalised untill the funds have cleared. Expand a Brand will not accept your order if payment has not been received.
You may contact us via email at letstalk@expandabrand.ae to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
The Website uses third parties to process payments and thus will use and disclose and share your information and personal particulars provided with such third party payment processor, please read our Privacy Policy for further details.
7. Delivery of goods
Expand a Brand will deliver your ordered Goods to you by physical delivery to your nominated address.
Expand a Brand, or its third party service provider, will deliver the Goods to you as soon as reasonably possible.
Expand a Brand’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order, at which time delivery shall be deemed to have taken place. Expand a Brand is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
8. Errors
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. Expand a Brand shall not be bound by any incorrect information regarding our products displayed on any third party websites.
9. Changes to these Terms and Conditions
Expand a Brand may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10. Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically. These terms and conditions are governed, where applicable, by the Electronics and Communications Transaction Act 25 of 2002 (“ECT” Act”).
11. Ownership and copyright
The contents of our Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Expand a Brand, its advertisers and/or sponsors and/or is licensed to Expand a Brand.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
Where any of the Website Content has been licensed to Expand a Brand or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
12. Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Expand a Brand takes reasonable measures to ensure that the content of the Website is accurate and complete, Expand a Brand makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Expand a Brand’s representatives, Expand a Brand shall not be bound thereby.
Expand a Brand disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of Expand a Brand, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Expand a Brand also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Expand a Brand, its employees, agents or authorised representatives. Expand a Brand thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
13. Linking to third party websites
This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Expand a Brand is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
14. Limitation of liability and Indemnity
Expand a Brand cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Expand a Brand, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to letstalk@expandabrand.ae
Expand a Brand shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
You hereby indemnify Expand a Brand against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
15. Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
Expand a Brand may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Expand a Brand will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you. At any time, you can choose to stop using the Website, with or without notice to Expand a Brand.
16. Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the United Arab Emirates. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the United Arab Emirates courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Expand a Brand, you hereby consent to the non-exclusive jurisdiction of the High Court of the United Arab Emirates notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
17. Notices
Expand a Brand hereby selects address, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Expand a Brand may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address but you may change it to any other physical address by giving Expand a Brand not less than 14 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent.
18. Information
For the purposes of the ECT Act, Expand a Brand’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: : Driving Force LLC, Trade License 765118, a private company registered in United Arab Emirates
Physical address for receipt of legal service: Warehouse No 5, off 9th St, Nad Al Hamar, Dubai, United Arab Emirates.
Phone number: +971 56 929 6565
Official email address: letstalk@expandasbrand.ae
19. General
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Expand a Brand to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
These Terms and Conditions contain the whole agreement between you and Expand a Brand and no other warranty or undertaking is valid, unless contained in this document between the parties.