The Surpluss Platform Use Terms and Conditions
Welcome to The Surpluss platform(the “Platform”). If you continue to browse and use the Platform, you areagreeing to comply with and be bound by the following Terms and Conditions ofuse, which, together with our Privacy Policy, govern The Surpluss’srelationship with you.
The term The Surpluss PortalLLC or ‘us’ or ‘we’ refers to the owner of the Platform whose registered officeis Bena CComplex Office No. 074-180, Oudmetha, Bur Dubai, UAE. Our company registrationnumber is 1020583. The term ‘you’ refers to the user or viewer of our Platform.
- General information
- No warranty or guarantee
- User own risk
- Material owned by or licencedto The Surpluss Limited
- Trademarks
- Unauthorised use of Platform
- Links to other platforms
- Conditions of registration
- Confidentiality of passwordand account information
- Obligation to notify in caseof unauthorised use
- Responsibility to maintain account informationup to date
- Membership fees
- Requirement for company consent for accountuse
- Non-transferability ofmembership
- Description of Platform
- Secure storage of data on Platform
- Availability of Platform
- Obligation of good faith useand prohibition of all illegal trades
- Terms subject to change
- Furtherobligations and restrictions on Platform use
- General disclaimer
- Further general terms
- Computer viruses
- Limitation of liability
- Warranties, guarantees,indemnities
- Termination or suspension
- Effect of illegal or unenforceable provisions
- Entire agreement
- Subject to laws of the UAE
- Right to pursue claims in otherjurisdictions
- Definitions
The use of this Platform is subject to the following Terms of use:
1. The content of the pages ofthis Platform is for your general information and use only. It is subject tochange without notice.
2. Neither we nor any thirdparties provide any warranty or guarantee as to the accuracy, timeliness,performance, completeness or suitability of the information and materials foundor offered on this Platform for any particular purpose. You acknowledge thatsuch information and materials may contain inaccuracies or errors and weexpressly exclude liability for any such inaccuracies or errors to the fullestextent permitted by law.
3. Your use of any information ormaterials on this Platform is entirely at your own risk, for which we shall notbe liable. It shall be your own responsibility to ensure that any products,services or information available through this Platform meet your specificrequirements.
4. The Platform contains materialwhich is owned by or licensed to us. This material includes, but is not limitedto, the design, layout, look, appearance and graphics. Reproduction isprohibited other than in accordance with the copyright notice, which forms partof these Terms and conditions.
5. All trademarks reproduced in thePlatform, which are not the property of, or licensed to the operator, areacknowledged on the Platform.
6. Unauthorised use of thePlatform may give rise to a claim for damages and/or be a criminal offence.
7. From time to time, the Platformmay also include links to other platforms. These links are provided for yourconvenience only and to provide further information. They do not signify thatwe endorse the platform(s). We have no responsibility for the content of thelinked platform(s).
8.1. Any user of the Platform isrequired to provide a company trade license and valid personal ID in respect ofthe applicant company’s authorised representatives. Additional information maybe requested by the Surpluss Limited as part of any registration application.
8.2. You need to be a registered company(in any jurisdiction) to use the Platform. You agree to provide truthful andaccurate information and the final decision regarding registration as a user ofthe Platform is at the discretion of The Surpluss Portal LLC. We may revoke aregistration at any time.
8.3. You may not register to use thePlatform if you are already registered or if you were previously a registereduser and your membership was revoked as a result of you being in breach ofthese Terms.
8.4. Users must register theirdetails on the Platform (such details are subject to approval by The Surpluss PortalLLC). Upon acceptance on to the Platform, the user will receive their usercredentials to be able to login to the Platform where further information aboutthemselves and the registered company is required.
9. You are responsible formaintaining the confidentiality of your password, account information and any externalreview links generated by you. You are solely responsible for all activitiesthat occur under your password, account or an external review link generated byyou, and for any access to or use of the Platform by you or any person orentity using your password or an external review link generated by you, whetheror not such access or use has been authorised by you.
10. You must immediately notify usof any unauthorised use of your password or account, or any other breach ofsecurity. We will not be liable for any loss or damage whatsoever resultingfrom the disclosure of your username and/or password contrary to these Terms.
11. You are responsible forensuring that the information we hold about you is up to date. Please amendyour details via the Platform as appropriate from time to time or contact us ifyou require assistance.
12.1. Company users have anobligation to pay membership fees to The Surpluss Portal LLC. If payment is notmade, access to the Platform will be denied. Payment is made on an upfrontannual basis (this may be subject to change). Founding Members (may be eligiblefor a discount on the Platform fees, to be determined at the sole and absolutediscretion of The Surpluss Portal LLC.
12.2. In the event of non-payment ofthe Platform membership fees, this will result in the suspension of the user’saccount in the first instance and if the matter is not resolved within 1 month,this will result in the termination of the user’s account. If an account isterminated, the user is not entitled to a refund.
13. Where individuals are using anaccount without the consent of the relevant company, the Surpluss Limitedaccepts no responsibility.
14. A paid-up membership of thePlatform is non-transferable under any circumstances. Any member company thatshares their account information with non-members for the purposes of grantingaccess to the Platform to those non-members, will be barred from the Platform.
15.1. On the Platform, companymembers will register their materials or any goods or services they wish toexchange. Such goods and services can be categorized as follows; 1) Byproducts 2)Knowledge – any form of expertise that can be exchanged on the Platform (excludingthe company’s usual business expertise) 3) Surplus Material – includinganything that a member has in excess, and 4) Nonhazardous Waste.
15.2. The Platform serves anintermediary function and will provide certain information where possible andassist with matching users. The Platform takes no responsibility with respectto any of the above or any further steps required for a successful transaction.The user is free to accept or reject any offer.
15.3. A user has no legal obligation toaccept an offer.
16. All data on the Platform issecured to a high level of protection. No data will be shared outside of the Platformwithout the explicit written consent of the relevant party.
17.1. With regard to the availabilityof the Platform, where there are any issues, The Surpluss Portal LLC accepts noliability.
17.2. The Platform is provided “as is”and The Surpluss Portal LLC makes no representations, warranties or guaranteeswith respect to the operation or availability of the Platform.
18. The user will use the Platform ingood faith.
19. These Terms are subject tochange however any changes will be notified to the user.
20.1. You are responsible for making all technicalarrangements necessary to access the Platform. You are also responsible forensuring that all persons who access the Platform through your internetconnection are aware of these Terms and that they comply with them.
20.2. Without limitation, you may notuse the Platform:
20.2.1. in anyway that is unlawful or fraudulent, or has any unlawful or fraudulent purpose oreffect;
20.2.2. to send,or procure the sending of, any unsolicited or unauthorised electroniccommunication, advertising or promotional material or any other form of similarsolicitation (spam); or
20.2.3. to knowingly transmit any data or send or upload any material that containsviruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adwareor any other harmful programs or similar computer code designed to adverselyaffect the operation of the Platform or any computer software or hardware.
20.3. You also agree not to:
20.3.1. reproduce,duplicate, copy or re-sell any part of the Platform (or any content within it)in contravention of these Terms; and
20.3.2. accesswithout authority, interfere with, damage or disrupt: (A) any part of the Platform;(B) any equipment or network on which the Platform is stored; (C) any softwareused in the provision of the Platform; or (D) any equipment or network orsoftware owned or used by any third party.
20.4. The Platform may includeinformation and materials uploaded by other users, including (withoutlimitation) comments and discussions. This information and these materials havenot been verified or approved by us. The views expressed by other users on the Platformdo not represent our views or values. You acknowledge that you may be exposedto content that you may find offensive, indecent or objectionable and that, inthis respect, you use the Platform at your own risk.
20.5. You must comply with the spiritand the letter of the content standards. The content standards apply to eachpart of any communication as well as to its whole.
20.6. Communications must be accurate(where they state facts), be genuinely held (where they state opinions), andcomply with applicable law.
20.7. Communications must not:contain any material which is defamatory of any person; contain any materialwhich is obscene, offensive, hateful or inflammatory; promote or containsexually explicit material; promote or contain violence; include gang signs orsymbols; promote or contain discrimination based on race, sex, religion,nationality, disability, sexual orientation or age; infringe any copyright,trade secret/know how, database right or trademark of any other person; belikely to deceive any person; be made in breach of any legal duty owed to athird party, such as a contractual duty or a duty of confidence; promote anyillegal activity; be threatening, abuse or invade another's privacy, or causeannoyance, inconvenience or needless anxiety; be likely to harass, vilify,upset, embarrass, alarm or annoy any other person; be used to impersonate anyperson, or to misrepresent your identity or affiliation with any person; givethe impression that they emanate from us, if this is not the case; or advocate,promote or assist any unlawful act such as (by way of example only) copyrightinfringement or computer misuse.
21. You acknowledge that:
21.1. you are responsible foryour interactions with other users;
21.2. we make no representationsor warranties as to the conduct of other users; and
21.3. we shall not be in any wayliable for the conduct of any other users.
22. You agree to take reasonableprecautions in all interactions with other users. Notwithstanding any otherprovision of these Terms the parties acknowledge and agree that:
22.1. any information publishedon the Platform will be available to users of the Platform;
22.2. the publication of Platforminformation by The Surpluss Limited will not amount to a breach of any of TheSurpluss Limited’s obligations under these Terms;
22.3. if you disclose yourconfidential information to another party on or via the Platform and you wishto impose obligations of confidence on the other party in relation to suchinformation, you should enter into a separate confidentiality agreement with thatother party; and
22.4. if you wish to register acomplaint concerning a user of the Platform, please contact us (or, in respectof copyright infringement).
23.1. Computer viruses: We recommendthat you ensure that computers and other devices used to access the Platformrun up-to-date anti-virus software as a precaution, and you are advised tovirus-check any materials downloaded from the Platform and regularly check forthe presence of viruses and other malicious code.
23.2. We will not be liable for anyloss or damage caused by a virus or other technologically harmful material thatmay infect your computer equipment, computer programs, data or otherproprietary material due to your use of the Platform or to your downloading ofany content from it, or from any website linked to it.
24.1. Limitation of liability: Nothingin these Terms excludes or limits our liability for liability that cannot beexcluded or limited under applicable law.
24.2. It is a condition of accessingthe Platform that you accept and agree we shall not be liable for any harmfuleffect that accessing the Platform may have on you, and you agree that youaccess and use the Platform entirely at your own risk.
24.3. Without limitation to thegenerality of the foregoing, whether in contract, tort (including, withoutlimitation, negligence), breach of statutory duty, or otherwise:
24.3.1. we will not be liable toyou for any loss or damage arising under or in connection with:
24.3.1.1. use of, or inability to use,the Platform;
24.3.1.2. use of or reliance on anycontent displayed on or produced via the Platform;
24.3.1.3. the acts or omissions of anyother user of the Platform; or
24.3.1.4. we will have no liability toyou for any indirect or consequential losses of any kind or for any loss ofrevenue, profit, business opportunity, contracts, data or goodwill (whetherdirect or indirect) arising out of or in connection with these Terms and/or thePlatform; and
24.4. Our total liability to you inrespect of any and all loss and/or damage arising out of or in connection withthese Terms and/or the Platform shall in no circumstances exceed the greaterof: (1) the Surpluss Portal LLC’s fees received by us and your use of the Platformgiving rise to your claim.
25. Except as expressly set out inthese Terms and to the maximum extent permitted by law, we make norepresentations, warranties or guarantees of any kind in respect of the Platformor any content available through the Platform and all conditions, warrantiesand representations express or implied are hereby excluded to the full extentpermitted by law.
26. Termination or suspension: Wemay, in our sole discretion, terminate or temporarily suspend your password,account (or any part thereof) or use of the Platform without notice if you arein breach of these Terms or if we believe in our reasonable discretion thatyour use of the Platform is unsuitable in any way.
27. If any provision or part of aprovision of these Terms is held to be illegal, invalid, unenforceable oragainst public policy pursuant to a final adjudication by a court of competentjurisdiction, such provision will be deemed severed from these Terms and theremainder of these Terms will remain in full force and effect.
28. Except as expressly stated in abrief between the parties, these Terms, and the documents referred to in them,constitute the entire agreement between you and us in relation to the subjectmatter of these Terms and supersede and extinguish any prior agreement inrespect of the same.
29. Subject to the below, you agreethat these Terms are governed by the law of the UAE, and you consent to thecourts of the UAE having exclusive jurisdiction over any disputes arising inrespect of or in relation to these Terms and your use of the Platform.
30. Nothing in the clause aboveshall (or shall be construed so as to) limit our right to bring a suit, actionor proceeding (Proceeding) against you in the courts of any country in whichyou have assets or in any other court of competent jurisdiction nor shallProceedings we institute in any one or more jurisdictions preclude us frominstituting Proceedings in any other jurisdiction (whether concurrently or not)if and to the extent permitted by applicable law.
31. Definitions:
31.1. User meansa party registered through the Platform.
31.2. Platformmeans our platform located online including our mobile application and any similarapplication.
31.3. Terms meansthese Terms of use, together with the documents referred to in them.