THE LIST Website TERMS & CONDITIONS OF USE

Last Updated: November 12, 2018

Welcome to The List website (the "The List Website" or "Website"). The Website is owned and operated by The List Limited (“Company,” “The List”, “our”, "we," and "us"). In addition to the Content on our Website, the Website provides you with various shopping and e-commerce services ("Services"). Please read these Terms and Conditions of Use ("Terms") carefully before using our Website and the Services. If you choose to continue to use or access this Website after having the opportunity to read these Terms, you recognize that The List Website has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, kindly refrain from using the Website and exit immediately.

Your continued use of our Website following the posting of changes to these terms shall mean you accept those changes. Additional terms and conditions may Websitely to the purchase of products, such as shipping and return policies.

These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Merchants relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which Websitely at that time).

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.

1. About us

We provide the Services to you through the Website and the website. Additional details of the Services we provide are set out in the following sections below. When you purchase products using the Website or the Website, you are purchasing them from the third party ‘Merchants’ based on our business model of a marketplace. We are acting as a service provider Merchants, which are the principals. We are authorized by the relevant Merchants to conclude the contract on their behalf, but we are not a party to that contract and you are not purchasing the products from us.

2. Services offered

Services we offer allow you to search through the Website and purchase products from a large number of Merchants and Brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment. Please note that the delivery logistic service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may charge for these services which will be reflected at the time of checkout and prior to your purchase of the products.

In order to use the Services, you must be the age of legal majority in your jurisdiction/ country.

3. Copyright and Ownership

All the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by The List Limited, its licensors, merchants, vendors, agents and/or its content providing partners. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view and play image, audio and video found on our Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms, the use of any such material on any other Website or website or networked computer environment is prohibited. You shall comply with all Websitelicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of The List Limited or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.

4. Products, Content and Specifications

All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are Websiteroximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the Websitelicable colours; however, the actual colour you see will depend on your device, and we cannot guarantee that your device will accurately display such colours. The inclusion of any products or services on this Website at a time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all Websitelicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Shipping Limitations

When an order is placed, it will be shipping to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass on to the delivery carrier until the time of delivery. You are responsible for filing any claims for damaged and/or lost shipments with us where we shall try to resolve the damage with our its merchants and carriers.

6. Accuracy of Information

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable or may have different attributes than those listed on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

7. Third Party Links

From time to time, this Website may contain links to websites or Websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site or Website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites or Websites, or any content, materials or other information located or accessible from any other websites or Websites, or the results that you may obtain from using any other websites or Websites. If you decide to access any other websites or Websites linked to or from our Website, you do so entirely at your own risk.

8. Unauthorized use

This section sets out the rules that Websitely to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

8.1You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your device to us and you must use the Website for lawful purposes only.

8.2You understand and agree that sending unsolicited email advertisements in relation to this Website or through voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and Websitelicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or Court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

9. Account Security

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website.

10. Delivery & Service Information

10.1The Merchant operates with our preferred shipping partners, which is both an express and insured service organized by us on behalf of our Merchants. Kindly, note that we disclaim any and liability associated with the shipment of products purchased on our Website.

10.2Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by various Merchants so your order may arrive in multiple deliveries and at different times.

10.3After completion of the check-out process and placing an order by clicking the "Checkout" button on the checkout page, you are purchasing the selected products from the relevant Merchant. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Merchant. All orders are subject to availability, which is determined by the relevant Merchant. After entering into the contract for the purchase of products with the Merchant, the Merchant shall be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. The risk in the product will remain with the Merchant and/or us (as Websitelicable) until it is delivered to you at the address specified when you placed your order.

10.4Contractual Agreement between you and the Merchant: A legally binding contract for sale and purchase of goods is completed at the time of purchase of product between you and the merchant. We shall not be a party to such agreement and hereby expressly disclaim any liability for the items purchased or services rendered by any third-party Merchant. In other words, we shall not responsible for the actions of any third-party Merchant in cases price quotation, the products provided, their actions or the ultimate arrangement entered between you and the Merchant.

10.5We reserve the right not to submit your order to the Merchant, and the Merchant reserve the right not to accept your order if, for instance, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria (e.g. you are under the legal age).

11. Fees and Payment

11.1For all charges for any products and services sold on the Website, we shall collect your payment for and on behalf of the Merchant and bill you through our payment gateway providers offering multiple payment methods such as credit card, cash on delivery, PayPal, Websitele pay. In the case, if there arises a need for legal action to collect on balances due, you agree to reimburse us for all expenses incurred to recover the balance due, including attorneys' fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

11.2When you place an order, we carry out a standard pre-authorization check on your payment method on behalf of the relevant Merchant, and products will not be dispatched until the details you have provided are verified.

11.3Taxation: Depending on your delivery address, different taxation rules and additional charges may Websitely. If you are ordering items from a Merchant outside of your territory, there may be import duties upon receipt of the products which shall be included in the final price of the product. If they are not included, neither we nor the Merchant have any control over these charges and we cannot advise on their amount but will notify you. In this case, you shall be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information. Further, kindly that the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included, then you will be responsible for reclaiming duty directly from your local customs office. Please note Interior and Art products are excepted from Free shipping promotions and additional duties may apply. After placing your order you will receive an proposal for such shipping costs including duties which you may approve. In the event you do not agree to such additional costs your initial purchase price will be refunded to you.

12. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

13. Force Majeure

Neither we nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

14. Privacy

By using this Website, you agree to such terms and conditions, as well as these Terms and our Privacy Policy, which also governs your use of our Services, to understand our practices. (collectively, the "Agreement"). Privacy Policy.

15. DISCLAIMER

15.1Liability Disclaimer: You expressly agree that we shall not be liable in any way whatsoever for any damages which arise or may arise out of a dispute between you and the Merchant. We shall employ our reasonable commercial endeavors to assist in such circumstances but ultimately it is your responsibility to settle any and all such disputes. In the case we incur any costs in assisting you in resolving such dispute with the merchant, you agree to fully indemnify us for all costs incurred by us and to discharge us from any liability arising from such a dispute.

15.2The products, information, materials and Services provided on or through this Website are provided "as is" without any warranties of any kind including warranties of merchantability, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise fitness for a particular purpose, or non-infringement of intellectual property. Neither us nor the Merchants (i) Warrant the accuracy or completeness of the information, materials or services provided on or through the Website or (ii) Make any commitments or assumes any duty to update such information, materials or services. iii) No statement whether oral or written shall be deemed any such guarantee, warranty or representation

15.3Neither we nor the Merchants warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

15.4We hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misWebsiteropriation.

16. Limitation of Liability

16.1Your use of the Website is at your own risk. You agree that our sole obligation to you is to provide the Website "as is." Neither us nor any of our employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website shall be liable to you or to any third party for your use of, or the inability to use, the Website and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Website.

16.2In no event will we nor any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, or any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Website, any websites or Websites linked to this Website, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions.

16.3In the event of any problem with this Website or any Content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.

17. Indemnity

17.1You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Website or the internet or your purchases or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.

17.2We shall not exclude or limit our liability to you in any way whatsoever where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

18. Release

In the event that you have a dispute with one or more other users of the Website, you release The List Limited (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

19. Termination

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

20. Website Disputes

"Website Disputes" include: (a) any claim you may have against us in connection with the Website, (b) any claim we may have against you in connection with the Website, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions. All other disputes are Non-Website Disputes. Any claim arising from your purchase of a product or service is a Non-Website Dispute. Any claim arising from the content of any offer or advertisement on the Website is a Non-Website Dispute.

21. Website Dispute resolution – Arbitration and Class action waiver

21.1Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Abu Dhabi Global Markets – Abu Dhabi Global Markets Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.
- The number of the arbitrator shall be one (1).
- The seat, or legal place, of arbitration, shall be Dubai International Financial Centre (DIFC).
- The language to be used in the arbitration shall be English.
- The governing law of the contract shall be the substantive law of Abu Dhabi, Abu Dhabi Global Markets.
- All Website Disputes must be resolved through individual (non-class) arbitration. You express your acceptance to this Terms and Conditions, including this agreement to arbitrate, by continuing to use the Website after having the opportunity to review these Terms and Conditions.

21.2You and The List Limited waive any rights to maintain other available resolution processes for Website Disputes, such as a court action or administrative proceeding, to settle disputes.

21.3Instead of suing in court, we each agree to settle Website Disputes only by arbitration. The rules in arbitration are different. There's no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in the agreement as a court would.

21.4To the extent, a party commences any action with includes both Website Disputes and Non-Website Disputes, consideration of the Non-Website Disputes shall stay until the Website Disputes are fully arbitrated. Then, any Non-Website Disputes will be considered by any court of competent jurisdiction.

21.5You agree that you will not file a class action against us or our affiliated companies or participate in a class action against us in any Website Dispute. You agree that you will not file or seek a class arbitration or participate in a class arbitration against us and or our affiliated companies, in any Website Dispute.

22. General Information

22.1Severability Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

22.2Waiver: If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

22.3You agree that the Agreement may be automatically assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

22.4Complaints: We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.

22.5Promotions: Promotions or discount codes cannot be applied to the purchase of Gift Cards, with the exception of free shipping codes which can be applied. They also cannot be applied to fine jewelry, watches, vintage, furniture, art or sale products.

23. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

In operating the Website, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party websites and Websites. As a result, third party materials that we do not own, or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is The List Limited, Address: Office 1603 Clover Bay Tower Al Abraaj Street P.O. Box: 213684 Dubai United Arab Emirates. Please provide the following notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; your address, telephone number, and email address; and your physical or electronic signature.

24. Entire Agreement

The Agreement constitutes the entire agreement between the user and The List Limited and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at [email protected] or by phone at ‭+44 113 320 8820‬.