Terms & Conditions

1. Effective Date: 22.07.2026

2. Definitions

2.1 In these Terms, unless the context otherwise requires:

2.1.1 “Buyer” means any Member or User that purchases or intends to purchase Products through the Platform.
2.1.2 “Content” means all text, images, data, listings, software, materials or other information available on the Platform.
2.1.3 “Kobray”, “we”, “us”, or “our” means Kobray Portal.
2.1.4 “Member” means any User who has registered an account on the Platform and has purchased or subscribed to a Kobray subscription plan.
2.1.5 “Platform” means the website https://www.kobray.com/, any associated subdomains, any mobile application(s), and any related services, features, content, or functionality operated by Kobray.
2.1.6 “Products” means goods and/or services listed for sale by Sellers.
2.1.7 “Seller” means any Member that lists, advertises, or offers Products through the Platform.
2.1.8 “UAE” means the United Arab Emirates.
2.1.9 “User”, “you”, or “your” means any person or entity accessing or using the Platform.

3. About our terms

3.1 These Terms and Conditions (“Terms”) govern your access to and use of our Platform.

3.2 These Terms constitute a legally binding agreement between Kobray and you.

3.3 By accessing, registering with, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and any policies referenced within them. If you do not agree with any of these Terms, you should stop using the Platform immediately.

4. About us

4.1 We are Kobray Portal, a company registered in Dubai, United Arab Emirates under Trade Licence number 1156632.

4.2 Kobray operates an online B2B marketplace facilitating transactions between Buyers and Sellers.

4.3 Kobray is not a manufacturer, supplier, distributor, or reseller of Products.

4.4 Contracts for sale are concluded directly between Buyer and Seller.

4.5 Kobray is not a party to any sales contract and does not assume responsibility for product quality, delivery, legality, or performance.

4.6 Sellers are solely responsible for compliance with applicable trade, export, tax, and product regulations.

4.7 If you have any questions about the Platform, please contact us by sending an email to [email protected].

5. Using the Platform

5.1 The Platform is publicly accessible for browsing. However, only Members may place orders, list Products, or access certain features of the Platform.

5.2 Registration is open to individuals and legally established business entities, provided that the registering person has the legal capacity and authority to enter into binding agreements.

5.3 Buyers must register as a Member in order to place orders through the Platform. Sellers must register as a Member and be approved in order to list or offer Products for sale.

5.4 Where a User registers on behalf of a company or other legal entity, the registering individual represents and warrants that they have full authority to bind that entity to these Terms.

5.5 Kobray reserves the right, at its discretion, to approve, reject, suspend, or terminate any registration where necessary for compliance, security, fraud prevention, regulatory, or risk management purposes.

5.6 Members are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.

5.7 Members must promptly notify Kobray of any unauthorised access or suspected security breach relating to their account.

5.8 Members agree that they are solely responsible for all costs and expenses they may incur in relation to their use of the Platform.

5.9 Members agree not to:

5.9.1 use the Platform for any unlawful, fraudulent, or misleading purpose;
5.9.2 upload, transmit, or distribute any content that is false, defamatory, infringing, harmful, or in violation of applicable laws;
5.9.3 introduce viruses, malware, harmful code, or conduct denial-of-service attacks;
5.9.4 attempt unauthorised access to the Platform, its systems, servers, or databases;
5.9.5 interfere with or disrupt the normal operation or security of the Platform;
5.9.6 use automated systems, bots, scraping tools, or similar technologies to extract data from the Platform.

5.10 Kobray may restrict, suspend, or terminate access to the Platform where a Member breaches these Terms, violates applicable law, or exposes Kobray to legal, regulatory, or reputational risk.

5.11 Seller onboarding and ongoing verification. Seller registration, approval and continued access to the Platform are conditional upon satisfactory business verification and compliance screening. Kobray may request trade licences, corporate registration documents, authorised signatory identification, ownership and ultimate beneficial ownership information, bank account details, tax information, product permits and any other documents reasonably required for onboarding, ongoing monitoring, fraud prevention, payment processing or compliance with applicable law or payment-provider requirements.

5.12 Sellers must promptly notify Kobray of any material change to their legal status, ownership or control, licences, authorised representatives, registered address, tax status or settlement account details. Kobray may request updated documents and may restrict or suspend an account where information is not provided or cannot be satisfactorily verified.

6. Eligibility and Registration

6.1 The Platform is intended solely for business-to-business (B2B) use.

6.2 Registration is required to place orders, list Products, or access transactional features of the Platform.

6.3 By registering, the individual creating the account represents and warrants that: (a) they have full legal capacity to enter into binding agreements; and (b) where registering on behalf of a company or other legal entity, they have full authority to bind that entity to these Terms.

6.4 Kobray reserves the right, at its sole discretion, to approve, reject, suspend, or terminate any registration, including for compliance, verification, fraud prevention, regulatory, or risk management reasons.

6.5 Members must ensure that all information provided during registration is accurate, complete, and kept up to date.

6.6 Members are responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.

6.7 Members must immediately notify Kobray of any unauthorised access, suspected misuse, or security breach relating to their account.

6.8 If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

6.9 Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available at [insert link].

7. Transaction Structure and Seller Terms

7.1 A Buyer’s submission of an order through the Platform constitutes an offer to purchase the relevant Product from the Seller under the terms specified in the listing.

7.2 A legally binding contract for the sale of the Product is formed directly between the Buyer and the Seller only when the Seller confirms acceptance of the order through the Platform.

7.3 Any automated acknowledgement of order receipt, payment confirmation, or system-generated notification from Kobray does not constitute acceptance of the Buyer’s offer and does not create a binding contract.

7.4 Sellers may publish additional or specific terms, policies, return conditions, warranties, or other contractual provisions applicable to their Products (“Seller Terms”).

7.5 By placing an order, the Buyer acknowledges and agrees that the contract for sale shall be governed by: (a) the specific Product listing; (b) any applicable Seller Terms; and (c) these Terms, to the extent relevant to the use of the Platform.

7.6 In the event of any conflict between these Terms and the Seller Terms, the Seller Terms shall prevail in relation to the sale of the Product, but these Terms shall prevail in relation to the operation of the Platform and Kobray’s role.

7.7 Kobray is not responsible for reviewing, verifying, or enforcing Seller Terms and shall not be liable for any inconsistency, misrepresentation, or breach arising from such Seller Terms.

7.8 Payments and payment service providers. Payments for transactions conducted through the Platform may be processed by Kobray’s appointed payment service provider(s), banks, acquirers or other payment partners in accordance with the applicable payment arrangements and applicable law. The payment provider and payment methods available may vary by transaction, location or eligibility.

7.9 Payment roles and sales invoices. The applicable transaction terms and, where relevant, the Seller/Sub-Merchant Agreement will identify the entity responsible for processing or collecting payment, the merchant-of-record or merchant-account structure, the name that may appear on a payment receipt or card statement, and the party responsible for issuing the sales or tax invoice. These details will reflect the actual payment arrangement applicable to the transaction.

7.10 Seller fees and settlement. Sellers may be subject to subscription fees, transaction commissions and other fees disclosed in the applicable fee schedule or .Seller settlements are subject to cleared funds, verification checks, accurate settlement details, applicable settlement cycles, refunds, chargebacks, reserves and any lawful or contractually permitted holds or deductions. The fee schedule will specify the relevant rates, settlement timing, currencies and deductions.

7.11 Refunds, chargebacks and payment reviews. Where permitted by the payment arrangement and applicable law, refunds, chargebacks, payment processing costs and other agreed amounts may be deducted from sums payable to a Seller or recovered from the Seller. Kobray or its payment provider may delay or suspend an affected payment or settlement to investigate suspected fraud, a dispute, chargeback, compliance concern or legal restriction, and will provide information to the affected party where legally permitted.

7.12 Marketplace facilitation. Kobray may facilitate payment processing and settlement coordination as part of the Platform. Such facilitation does not, by itself, make Kobray the supplier of the Products or a party to the sales contract between Buyer and Seller, except to the extent expressly agreed or required by applicable law.

7.13 Order and payment sequence. Depending on the payment method and transaction, an order submission, payment authorisation, payment capture, Seller acceptance and order confirmation may occur at different times. A payment acknowledgement or automated message does not, by itself, constitute Seller acceptance of an order unless expressly stated. The applicable order confirmation will identify when the sales contract is formed and any conditions that remain outstanding.

8. Seller Obligations

8.1 Each Seller represents, warrants, and undertakes that:

8.1.1 all Products listed on the Platform are accurately described, including specifications, pricing, availability, and delivery terms;
8.1.2 the Products comply with all applicable laws, regulations, standards, and industry requirements in the jurisdiction of manufacture, export, and sale;
8.1.3 the Seller holds all necessary licenses, registrations, permits, and approvals required to manufacture, market, sell, export, or distribute the Products;
8.1.4 the Products do not infringe any intellectual property rights, including patents, trademarks, copyrights, or trade secrets;
8.1.5 the Seller complies with all applicable export control laws, trade sanctions regulations, and customs requirements, including those of the UAE, and any other applicable jurisdiction;
8.1.6 the Seller is not subject to any sanctions list or restricted party designation;
8.1.7 all orders accepted will be fulfilled in a timely and commercially reasonable manner in accordance with the listing and agreed terms.

8.2 The Seller is solely responsible for:

8.2.1 the quality, safety, and legality of the Products;
8.2.2 order fulfilment, shipping, customs documentation, and delivery;
8.2.3 handling warranties, returns, and after-sales support;
8.2.4 determining and remitting any applicable taxes relating to the sale of Products.
8.2.5 complying with Kobray’s Prohibited and Restricted Products Policy, as updated from time to time, and not listing, offering or supplying Products prohibited by applicable law or Platform policy.
8.2.6 obtaining and maintaining all licences, permits, approvals, safety data sheets, certificates of conformity, labelling and other supporting documentation required for regulated or restricted Products, and providing such documentation to Kobray upon request.
8.2.7 promptly notifying Kobray of any product recall, safety incident, regulatory inquiry, suspected counterfeit, material defect or other event that may affect the safety, legality or conformity of Products listed or sold through the Platform, and cooperating with reasonable corrective action.

8.3 The Seller agrees to indemnify and hold harmless Kobray, its affiliates, officers, directors, and employees from and against any claims, liabilities, losses, damages, penalties, fines, or expenses (including reasonable legal fees) arising out of or relating to:

8.3.1 breach of these Terms;
8.3.2 breach of any sales contract with a Buyer;
8.3.3 product defects or non-compliance;
8.3.4 intellectual property infringement;
8.3.5 regulatory or sanctions violations.

9. Buyer Obligations

9.1 Each Buyer represents, warrants, and undertakes that:

9.1.1 it is a legally established business or acting in the course of trade or profession;
9.1.2 it has authority to enter into binding contracts;
9.1.3 it will provide accurate and complete information when placing orders;
9.1.4 it will comply with all applicable import laws, customs regulations, trade sanctions, and licensing requirements in its jurisdiction;
9.1.5 it will pay all amounts due for Products purchased through the Platform;
9.1.6 it will not misuse the Platform or engage in fraudulent, unlawful, or abusive conduct.

9.2 The Buyer is responsible for:

9.2.1 verifying that Products meet its requirements prior to purchase;
9.2.2 complying with local laws;
9.2.3 resolving product-related disputes directly with the Seller in good faith.

9.3 The Buyer agrees to indemnify and hold harmless Kobray from any losses or liabilities arising from the Buyer’s breach of these Terms or applicable laws.

10. Payments

10.1 Kobray is authorised by the Seller to collect payments from Buyers on the Seller’s behalf solely for the purpose of facilitating transactions conducted through the Platform. Kobray does not act as distributor, reseller, or principal in respect of any Products.

10.2 Payment made by a Buyer to Kobray in respect of a transaction shall be deemed payment made to the relevant Seller to the extent of the amount received by Kobray.

10.3 Funds received from Buyers may be held temporarily by Kobray for operational processing, fraud prevention, compliance checks, or order confirmation in accordance with Kobray’s internal procedures.

10.4 Kobray reserves the right to delay, withhold, offset, or recover payments to a Seller where reasonably necessary in connection with:

10.4.1 suspected fraud, unlawful activity, or policy violations;
10.4.2 chargebacks, payment reversals, or refund claims;
10.4.3 disputes between Buyers and Sellers;
10.4.4 regulatory, sanctions, or compliance concerns;
10.4.5 breach of these Terms by the Seller.

10.5 In the event of a chargeback, refund, or payment reversal relating to a Seller’s transaction, Kobray may deduct the relevant amount from future payouts or require reimbursement from the Seller.

10.6 Kobray shall not be liable for delays, errors, or interruptions caused by third-party payment processors, banks, or financial institutions.

10.7 Unless otherwise agreed, settlement shall be made in the currency received from the Buyer, and Kobray shall not be responsible for foreign exchange fluctuations, intermediary bank fees, or currency conversion losses.

11. Cancellation & Refunds

11.1 Cancellation rights are governed primarily by the agreement between the Buyer and the Seller, including any applicable Seller Terms.

11.2 After a contract has been formed between Buyer and Seller, cancellation may only occur in accordance with:

11.2.1 the Seller’s terms;
11.2.2 mutual agreement between Buyer and Seller; or
11.2.3 applicable law.

11.3 Kobray is not obligated to approve or guarantee cancellation requests.

11.4 Refund eligibility, conditions, and timelines are determined by the Seller’s return or refund policy.

11.5 Where a refund is agreed between Buyer and Seller, Kobray may process the refund through the Platform on behalf of the Seller.

11.6 Refunds shall be limited to amounts actually received by Kobray in respect of the relevant transaction.

11.7 Kobray may deduct refund amounts from funds held or from future payouts due to the Seller.

11.8 Kobray is not responsible for refund decisions made by Sellers or for any dispute relating to the quality, condition, or conformity of Products.

12. Disputes Between Buyer and Seller

12.1 Any dispute relating to Products, quality, specifications, delivery, payment, performance, or any transaction conducted through the Platform must first be addressed and resolved directly between Buyer and Seller. Kobray is not a party to the sales contract and does not guarantee performance by either party.

12.2 Kobray may facilitate communication but is not required to adjudicate disputes or make determinations regarding liability.

12.3 Kobray may temporarily suspend payouts during an active dispute if reasonably necessary to mitigate financial risk.

12.4 Kobray may suspend or restrict accounts during dispute investigation. Repeated disputes, confirmed fraud, abusive conduct, or misuse of the Platform may result in termination.

12.5 Any final legal dispute between Buyer and Seller must be resolved in accordance with the governing law and dispute resolution mechanism agreed between them.

13. Risk Allocation

13.1 The Buyer acknowledges that Kobray does not guarantee the performance of the Seller.

13.2 The Seller acknowledges that Kobray does not guarantee Buyer solvency or absence of chargebacks.

13.3 Each transaction is conducted at the commercial risk of the Buyer and Seller.

14. Taxes

14.1 Each Seller acts as the supplier of record for the Products listed and sold through the Platform. The contract for the sale of Products is concluded solely between the Buyer and the Seller. Accordingly, the Seller is responsible for issuing any required tax invoices and complying with applicable tax laws in the relevant jurisdiction.

14.2 Buyers are responsible for any import duties, customs charges, or local taxes applicable in the destination jurisdiction, ensuring compliance with local tax and trade regulations.

14.3 Kobray is not responsible for customs clearance, import compliance, or tax obligations arising in the Buyer’s jurisdiction.

14.4 Sellers and Buyers are solely responsible for any direct or indirect applicable taxes.

14.5 Kobray does not determine the tax treatment of Products and does not provide tax advice to Buyers or Sellers.

14.6 Sellers and Buyers indemnify Kobray against any tax liabilities, penalties, or regulatory claims arising from their failure to comply with applicable tax laws.

15. Delivery

15.1 All delivery, shipment, and logistics obligations are solely the responsibility of the Seller, unless otherwise expressly agreed between Buyer and Seller.

15.2 Unless otherwise agreed between Buyer and Seller, the Seller shall be responsible for arranging shipment, export documentation, customs compliance, and any related regulatory requirements. Kobray does not act as shipper, freight forwarder, carrier, or logistics provider.

15.3 Risk of loss or damage to the Products passes in accordance with the agreement between Buyer and Seller, including any agreed Incoterms (if applicable).

15.4 Title to the Products transfers as agreed between Buyer and Seller. Kobray does not assume title, ownership, or possession of any Products at any time.

16. Infringing content

16.1 We will use reasonable efforts to:

16.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
16.1.2 identify and remove any content that is unlawful, inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of these Terms (including the acceptable use restrictions in clause 5.9)

when we are notified of the same.

16.2 If you believe that any content which is distributed or published by the Platform is unlawful, inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details in clause 4.7.

17. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at [insert link], which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

Users must handle personal information obtained through the Platform only for lawful purposes connected with the relevant enquiry, order, transaction, after-sales support or legal obligation, and must not disclose or use that information for unrelated marketing or other purposes without a lawful basis and any required consent. Users must apply appropriate safeguards and comply with the Privacy Policy and applicable data protection laws.

18. Ownership, use and intellectual property rights

18.1 The intellectual property rights in the Platform and in any Content are owned by us and our licensors.

18.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

18.3 Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.

18.4 Trade marks: All trade marks, service marks, logos, trade names, domain names and other branding elements displayed on the Platform, whether registered or unregistered, are and remain the property of Kobray. The Platform may also display trade marks, logos and trade names belonging to third parties, which remain the property of their respective owners. Nothing in these Terms grants you any right or licence to use the Kobray Marks or any third-party marks without the prior written consent of the relevant owner.

18.5 Unless you have our prior written consent, you are expressly prohibited from:

18.5.1 using any automated process, software, or script to extract, scrape, crawl or collect data or Content from the Platform in any manner, including but not limited to the use of web crawlers, bots, or spiders;
18.5.2 aggregating, collecting, or compiling Content for commercial or non-commercial purposes. This includes, but is not limited to, the use of Content to create databases, directories, or other aggregated content; and
18.5.3 using any artificial intelligence (AI) tools, machine learning algorithms, or other automated technologies to analyse, process, or generate content based on or through the use of Content. This includes, but is not limited to, using the Content to (i) train AI models (ii) for any form of automated content generation and (iii) as input to an AI system, as a prompt, request, question, instruction or similar.

By accessing and using this Platform, you agree to comply with these restrictions. Any attempt to bypass these restrictions may result in legal action and/or termination of access to the Platform.

19. Software

19.1 Software may be made available for you to download in order for the Platform to work better. You will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).

19.2 You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.

19.3 You should read any terms and conditions carefully. They may contain provisions that set out your legal rights, your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.

19.4 Any software made available on the Platform is licensed solely for the purpose of accessing and using the Platform in accordance with these Terms.

19.5 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.

20. Submitting information to the Platform

20.1 While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.

20.2 Except for personal information, which is handled in accordance with our Privacy Policy, information submitted to the Platform may be used by Kobray to operate, maintain, secure, promote and improve the Platform and to provide the services requested. Information that a User intentionally submits for public display, including product listings, company profiles, images and descriptions, may be displayed to other Users and used for marketplace-related promotion. Kobray will handle non-public information identified as confidential in accordance with any applicable confidentiality obligations, including those in a separate Seller/Sub-Merchant Agreement. Nothing in this clause limits disclosures required by law or the use of information in aggregated or de-identified form where permitted by law.

21. Accuracy of information and availability of the Platform

21.1 We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

21.2 We may suspend or terminate access or operation of the Platform at any time as we see fit.

21.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its Content.

21.4 While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.

22. Hyperlinks and third party sites

The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

23. Our responsibility to you

23.1 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

23.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

23.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

24. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

25. No third party rights

No one other than us or you has any right to enforce any of these Terms.

26. Variation

26.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 26.

26.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

27. Indemnity

27.1 Each Member agrees to indemnify, defend, and hold harmless Kobray, its directors, officers, employees, affiliates, agents, and service providers from and against any claims, demands, actions, losses, liabilities, damages, fines, penalties, costs, or expenses (including reasonable legal fees) arising out of or relating to: (a) breach of these Terms; (b) violation of applicable laws or regulations; (c) infringement of intellectual property rights; (d) product defects or non-conformity; (e) misrepresentation in listings; (f) failure to obtain required licenses or approvals; (g) fraud, misconduct, or unlawful activity; (h) chargebacks or payment disputes caused by the Member’s conduct; (i) customs, export, or sanctions violations; (j) disputes between Buyer and Seller.

27.2 This indemnity survives termination of the Member’s account and these Terms.

28. Limitation of Liability

28.1 The Platform is a neutral marketplace facilitating transactions between independent Buyers and Sellers. We do not guarantee anything regarding any Product listed on the Platform.

28.2 To the maximum extent permitted by applicable law, we shall not be liable for: (a) indirect, incidental, consequential, exemplary, or special damages; (b) loss of profits, revenue, business opportunity, or goodwill; (c) loss of data; (d) product defects; (e) non-delivery or delayed delivery; (f) Seller misconduct; (g) customs or regulatory action; (h) chargebacks initiated by Buyers; (i) actions of third-party payment providers; (j) disputes between Members.

28.3 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

28.3.1 losses that were not foreseeable to you and us when the contract was formed;
28.3.2 losses that were not caused by any breach on our part;
28.3.3 business losses; or
28.3.4 losses to non-Members.

28.4 Our total aggregate liability to a Member arising out of or in connection with the Platform or these Terms shall not exceed the total subscription fees actually paid by that Member to us during the six (6) months preceding the event giving rise to the claim. We do not assume any duty or responsibility toward Users who are not registered Members beyond providing access to publicly available content on the Platform. To the maximum extent permitted by law, we shall not be liable to non-Member Users.

29. Entire agreement

29.1 These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between Kobray and the User in relation to the use of the Platform.

29.2 These Terms supersede all prior discussions, negotiations, representations, understandings or agreements, whether oral or written, relating to the same subject matter.

29.3 Each User acknowledges that, in entering into these Terms, it has not relied on any statement, representation, assurance or warranty other than those expressly set out in these Terms.

29.4 Seller Agreement and order of precedence. Sellers may be required to accept a separate Seller/Sub-Merchant Agreement as a condition of onboarding or continued participation on the Platform. That agreement governs the commercial and contractual relationship between Kobray and the relevant Seller, including seller onboarding, verification, fees, payment processing, settlement, refunds, chargebacks, Seller obligations and termination. These Terms govern general access to and use of the Platform. The Privacy Policy governs the processing of personal information. The contract of sale and applicable transaction terms between Buyer and Seller govern the sale of Products, including product specifications, price, delivery, warranties and other sale-specific obligations. In the event of inconsistency, the document specifically governing the relevant subject matter will prevail, except where mandatory applicable law provides otherwise.

29.5 Electronic acceptance and records. Where a Seller is required to accept the Terms & Conditions updated terms electronically, Kobray may retain a record of the acceptance, including the version accepted, the date and time, and the account or authorised representative associated with the acceptance, in accordance with applicable law.

30. Complaints

30.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out in clause 4.7.

30.2 These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai.

30.3 Any disputes between any Member and us will be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai. This means that you can only bring a claim in the courts of the Emirate of Dubai.

30.4 Complaint and dispute handling. Buyers and Sellers must cooperate in good faith to resolve complaints relating to non-delivery, late delivery, defective or incorrect Products, cancellations, refunds and other transaction issues. Kobray may facilitate communications, request supporting evidence, establish reasonable response deadlines and coordinate with its payment provider. Sellers remain responsible for their contractual obligations concerning the Products, subject to applicable law and the terms of the relevant sales contract.

30.5 Refund processing. Refund eligibility, return conditions, timeframes and procedures are governed by the applicable transaction terms, Kobray’s Refund and Return Policy, ,and mandatory applicable law. Refunds will be processed through the original payment method where supported and practicable, subject to the payment provider’s processes.

30.6 Chargebacks. Sellers must promptly provide information and evidence reasonably requested in connection with a payment dispute or chargeback and are responsible for chargebacks and associated costs to the extent allocated to them under the Terms & Conditions, applicable payment-provider terms and applicable law.