(Inclusive of Taxes)
(Inclusive of Taxes)
Welcome to mythoby.com. These are the terms and conditions governing your access to and use of the website mythoby.com and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Blossom Trading LLC (“we”, “us” or ” mthoby.com”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
mythoby.com wishes to ensure that its members are able to form legally binding contracts. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of mythoby.com under this User Agreement or at law, mythoby.com reserves the right to limit or withdraw access to the Site or the membership of any person if mythoby.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by mythoby.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify mythoby.com of any unauthorized use of your password or account or any other breach of security. In no event will mythoby.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse mythoby.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word “mythoby” in your registration user ID.
You will provide true, accurate, current and complete information about yourself as prompted by mythoby.com’s registration form (the “Registration Data”).
Your store name shall not include the word “mythoby” and/or “thoby”.
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if mythoby.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of mythoby.com under this User Agreement or at law, mythoby.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Mythoby.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to mythoby.com upon such requests. You acknowledge and agree that if you do not, mythoby.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. mythoby.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
You acknowledge and agree that mythoby.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that mythoby.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
mythoby.com is neither an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free and does not charge a fee for browsing or buying listed items on the site.
responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.
1. you are 18 years of age or over the age of 18 years;
2. if you are a corporate representative, you have authority to bind the corporate entity;
3. you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
4. you will inform mythoby.com of any postings, items or transactions which appear to be in violation of this User Agreement;
5. you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
6. information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
7. you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of mthoby.com
9. you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
10. you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
11. you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either mthoby.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of mythoby.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
”mthoby.com” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of mythoby.com and are protected by international trademark and other intellectual property rights and laws. mthoby.com’s trademarks may not be used in connection with any product or service that is not mthoby.com’s nor in any manner that disparages or discredits mthoby.com All other trademarks not owned by mythoby.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mythoby.com
Please report problems of any kind or violations of this User Agreement to mthoby.com If you believe that your intellectual property rights have been violated, please notify mthoby.com Without prejudice to any other rights and remedies of mythoby.com under this User Agreement or at law, mthoby.com may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also mthoby.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
Without prejudice to any other rights and remedies of mthoby.com under this User Agreement or at law or otherwise, mthoby.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
If you breach this User Agreement;
If mthoby.com is unable to verify or authenticate any information you provide; or
mthoby.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with mthoby.com or use the Site in any manner whatsoever until such time that such user is reinstated by mthoby.com Notwithstanding the foregoing, if you breach this User Agreement mthoby.com reserves the right to recover any amounts due and owing by you to mythoby.com or any losses and damages caused by you to mythoby.com and to take such steps including legal action &/or the initiation of criminal proceedings against you as mthoby.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of mthoby.com’s right to take any actions with respect to that, or subsequent or similar.
mthoby.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
mthoby.com encourages buyers and sellers on the Site to provide feedback on each other’s conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. mthoby.com will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of mthoby.com under this User Agreement or at law, mthoby.com reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by mthoby.com and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your mythoby.com feedback rating in any venue other than on the Site. mthoby.com does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Without prejudice to any other rights and remedies of mthoby.com under this User Agreement or at law or otherwise, mthoby.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
mthoby.com provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. mthoby.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. mthoby.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that mthoby.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
To the extent permitted by law, mthoby.com its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not mythoby.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to mythoby.com and mythoby.com shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold mythoby.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and mythoby.com and/or Blossom Trading LLC and you shall have no authority to bind mythoby.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices to mythoby.com from you shall be given by you by email to mthoby.com at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by mythoby.com by return email. Any notices to you from mthoby.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim, controversy or difference (including in relation to any tortuous or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre – London Court of International Arbitration (“LCIA”), which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of mthoby.com to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and mthoby.com shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
You hereby grant mythoby.com the right to, and irrevocably acknowledge and agree that mythoby.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. mthoby.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of mythoby.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of mthoby.com
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and mthoby.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.