1. Introduction

Welcome to X.Cell. These are the terms and conditions governing your access to and use of the website X.Cell 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 X.Cell (“we”, “us” or “X.Cell”) 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.

Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and X.Cell’s Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of X.Cell. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

2. Eligibility for Membership

X.Cell wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. 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 X.Cell under this User Agreement or at law, X.Cell reserves the right to limit or withdraw access to the Site or the membership of any person if X.Cell 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 The Site is not available to persons whose membership has been suspended or withdrawn by X.Cell. 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.

3. Your Account and Registration Obligations

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.

On becoming a member of the Site, you agree:

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 X.Cell of any unauthorised use of your password or account or any other breach of security. In no event will X.Cell 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 X.Cell for any improper, unauthorised 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 authorised such access.

You will provide true, accurate, current and complete information about yourself as prompted by X.Cell’s registration form (the “Registration Data”).
You will not include: (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word “X.Cell” in your registration user ID.

You will treat any other member’s information provided to you (in accordance with these terms of use and the information on the Site) by X.Cell or any other user as confidential.

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 X.Cell 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 X.Cell under this User Agreement or at law, X.Cell has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

X.Cell 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 X.Cell upon such requests. You acknowledge and agree that if you do not, X.Cell 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.

4. Electronic Communications

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. X.Cell 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.

5. Amendments to this User Agreement

You acknowledge and agree that X.Cell 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 X.Cell 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.

6. Fees and Services

Membership on the Website is free for buyers. X.Cell does not charge any fee for browsing and buying on the Website. X.Cell reserves the right to change its Fee Policy from time to time. In particular, X.Cell may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event X.Cell reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in UAE Dirhams. You shall be solely responsible for compliance of all applicable laws including those in UAE for making payments to X.Cell.

7. Order, Pricing and Payment

You agree to pay the full amount payable for the Products as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in United Arab Emirate Dirhams.

X.Cell may not accept your order for Products if (a) the item/s is/are out of stock; (b) X.Cell is unable to obtain authorisation for your payment; (c) shipping restrictions apply to a particular Product; (d) X.Cell finds a Product or pricing error; or (e) for any other reason at X.Cell’s sole discretion. In any of these situations, X.Cell will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.

From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, X.Cell will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with X.Cell to resolve such issues, and you agree that X.Cell shall have full discretion to determine the appropriate resolution in such cases.

All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, X.Cell will cancel your order and contact you for an alternative method of payment. X.Cell cannot be held responsible if this should result in a delay in dispatching your goods/Products.

All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.

Certain orders may constitute improper use of the Website and its Services. X.Cell reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at X.Cell’s sole discretion.

In the event that a Product is listed at an incorrect price due to an error in pricing, X.Cell shall have the right, at X.Cell’s sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, X.Cell may, at X.Cell’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

X.Cell will use reasonable endeavors to provide you with attractive prices on the Website as well as in its stores, however, sometimes the price online will not match the price in a store.

X.Cell reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.

8. Shipping

For X.Cell to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.

Risk of loss and title for the Products that you purchase on the Website pass to you upon delivery of your purchased Products by the Logistics Supplier.

X.Cell is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.

All items are quality controlled and checked for any faults before they are dispatched to you. Should you receive an item that is not in perfect condition please contact us immediately at support@xcellme.com and arrange for the faulty Product to be returned to us.

9. Returns

X.Cell wants you to be pleased with your purchase, and so if for any reason you are not completely satisfied, X.Cell will refund your purchase within three (3) days of delivery of your purchased Products. Please go through the Returns Policy available on the Website. Products purchased through the Website should be returned new, unused, in their original packaging and with the original invoice and all Product tags still attached. Returns that are damaged, soiled or altered may not be accepted by X.Cell and may be sent back to you.

All correctly returned Products will be refunded to the original purchaser as credit to the relevant credit/debit card or bank account used for the transaction after deducting the applicable bank charges (if any). If you think that we have provided you with an incorrect refund, please contact us immediately on support@xcellme.com

Please note card refunds may take up to [15] business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and X.Cell shall not be liable for any delays in refund by card companies. X.Cell offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organisations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.

Shipping fees for returned Items :

1) Return item due to X.Cell’s Fault (Item is not as described – item defective … etc.)
A) If the buyer claimed within the 3 Days of the date of delivery

  • X.Cell pays the Delivery Shipment Fees
  • X.Cell pays the Return Shipment Fees

B) If the buyer claimed after the 3 Days of the date of delivery ( *Only if returned approved )

  • Buyer pays the Delivery Shipment Fees
  • X.Cell pays the Return Shipment Fees

2) Return item due to Buyer’s Fault (* Item in the original state & condition when purchased and received.)
A) If the buyer claimed within the 3 Days of the date of delivery.

  • X.Cell pays the Delivery Shipment Fees
  • X.Cell pays the Return Shipment Fees

B) If the buyer claimed after the 3 Days of the date of delivery (* Only if returned approved )

  • Buyer pays the Delivery Shipment Fees
  • Buyer Pays the Return Shipment Fees

10. Your Information

You grant X.Cell a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

11. Use of the Site

While using the Site, you will not:

  • post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
  • post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
  • post Information which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
  • post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
  • post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  • post any Information or content which may (in our sole discretion) be considered culturally or religiously offensive in any way;
  • post any Information or content which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
  • post Information or content which may (in our sole discretion) threaten national security;
  • post Information or content which may (in our sole discretion) constitute or be considered to promote gambling;
  • use “keyword spamming” in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
  • fail to deliver payment for items purchased by you, unless a clear typographical error is made;
  • use contacts made by buying on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
    manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
  • circumvent or manipulate our fee structure, the billing process, or fees owed to X.Cell;
  • take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to X.Cell);
  • transfer your Site account (including feedback) and username to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
    interfere or attempt to interfere with the proper working of the Site;
  • attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
    export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
    violate any laws, rules, regulations, guidelines, third party rights or our policies;
  • abuse X.Cell’s Shipping Policy, Return Policy or any of X.Cell’s other policies or terms and conditions posted on the Site from time to time;
  • directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items: securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
  • living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
  • weapons of any description;
  • liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
  • religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
  • antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
  • used cellular phone SIM Cards, except if the transaction is in accordance with the local operators’ rules pertaining to transfer of ownership of the same;
  • items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
  • any items identical to other items you have up for auction but which are priced lower than your other items’ price, the reserve price of such other item / minimum bid amount;
  • fresh food;
  • non-transferable vouchers; and chemicals.

You undertake, represent and warrant that:

  • you are 18 years of age or over the age of 18 years;
  • if you are a corporate representative, you have authority to bind the corporate entity;
  • 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;
  • you will inform X.Cell of any postings, items or transactions which appear to be in violation of this User Agreement;
  • you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
  • you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and
  • you will not disclose or publicise 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.

12. Copyright

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 X.Cell, 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 X.Cell and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

13. Trademarks

“X.Cell” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of X.Cell and are protected by international trademark and other intellectual property rights and laws. X.Cell’s trademarks may not be used in connection with any product or service that is not X.Cell’s nor in any manner that disparages or discredits X.Cell. All other trademarks not owned by X.Cell 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 X.Cell.

14. Abusing X.Cell

Please report problems of any kind or violations of this User Agreement to X.Cell. If you believe that your intellectual property rights have been violated, please notify X.Cell. Without prejudice to any other rights and remedies of X.Cell under this User Agreement or at law, X.Cell 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 X.Cell 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.

15. Platform for Communication

The Site may include links to third party websites that are controlled by and maintained by others. X.Cell cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that X.Cell is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.

X.Cell accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

X.Cell excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.

You release and indemnify X.Cell and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.

16. Privacy

X.Cell takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. X.Cell has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that X.Cell may process your personal information that you provide to it for the purposes of providing the services on X.Cell and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

17. Breach of User Agreement

Without prejudice to any other rights and remedies of X.Cell under this User Agreement or at law or otherwise, X.Cell 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 X.Cell is unable to verify or authenticate any information you provide; or
  • If X.Cell believes (in its sole discretion) that your actions may cause legal liability for you, other users or X.Cell, X.Cell 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 X.Cell or use the Site in any manner whatsoever until such time that such user is reinstated by X.Cell. Notwithstanding the foregoing, if you breach this User Agreement X.Cell reserves the right to recover any amounts due and owing by you to X.Cell or any losses and damages caused by you to X.Cell and to take such steps including legal action and/or the initiation of criminal proceedings against you as X.Cell 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 X.Cell’s right to take any actions with respect to that, or subsequent or similar breaches. X.Cell does not guarantee that it will take action against all breaches that there may be of this User Agreement.

18. Providing Feedback

X.Cell encourages buyers on the Site to provide feedback on the Product after a transaction has closed; as this helps all users know about the Product. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. X.Cell 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 X.Cell under this User Agreement or at law, X.Cell reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.

19. Withdrawal of Access and/or Membership

Without prejudice to any other rights and remedies of X.Cell under this User Agreement or at law or otherwise, X.Cell 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.

20. No Warranty

X.Cell 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. X.Cell 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. X.Cell 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 X.Cell has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

21. Limitation of Liabilities

To the extent permitted by law, X.Cell, 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 X.Cell 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 unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to X.Cell and X.Cell shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.

22. Indemnity

You agree to indemnify and hold X.Cell 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.

23. Relationship and Notice

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and X.Cell and you shall have no authority to bind X.Cell in any manner whatsoever.

Except as explicitly stated otherwise, any notices to X.Cell from you shall be given by you by email to X.Cell at support@xcellme.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by X.Cell by return email. Any notices to you from X.Cell 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.

24. Disputes

If any dispute, claim, controversy or difference (including in relation to any tortious 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 X.Cell to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and X.Cell shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

25. Transfer of Rights and Obligations

You hereby grant X.Cell the right to, and irrevocably acknowledge and agree that X.Cell 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. X.Cell agrees to use all reasonable endeavours 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 X.Cell, 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 X.Cell.

26. General

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 X.Cell 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.

27. Governing Law

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.

28. Warranty legal terms and conditions

The warranty is valid only on the presence of serial no.of the product. X.Cell reserves the right to refuse warranty if this information has been removed or changed after the original purchase of the product.

Obligations are limited to repair of the defect or replacement the defective part or at its discretion replacement or refund according to market price of the product itself. Warranty repairs must be carried out by a X.Cell Authorized Service Centre. Warranty cover will be void, even if a repair has been attempted by any unauthorized service centre. X.Cell shall not be liable for reimbursements, claims and damages that may result from the unauthorized repair of the product.

Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the warranty period. Repair or direct replacement of the product under the terms of this warranty may be full filled with functionally equivalent service exchange units. The warranty is not applicable to cases other than defects in material, design and workmanship.

The warranty does not cover the following:
Periodic checks, maintenance, repair and replacement of parts due to normal wear and tear, replacement of consumables such as batteries, light bulbs, fuses, antennas, headphones, microphones, cables and recording heads.

Abuse or misuse, including but not solely limited to the failure to use this product for its normal purposes or in accordance with X.Cell’s instructions on usage and maintenance. Defects resulting from usage of the product in conjunction with accessories that are not approved by X.Cell for use with this product.

Failure of the product arising from incorrect installation or use not consistent with the instructions and technical or safety standards prescribed in the product user manual. Accidents, Acts of God, lightning, water, fire, public disturbances, improper ventilation, voltage fluctuations or any cause beyond the control of X.Cell.

Unauthorized modifications carried out to the product in order to comply with local or international technical standards in countries for which this X.Cell product was not originally designed.

Damage of the battery caused by overcharging or failure to use in accordance with the specific instructions of core outlined in the product user manual. The serial no. on the product has been altered, deleted, removed or made illegible.

The batteries are charged by chargers other than those approved by Manufacturer. Any of the seals on the battery enclosure or cells are broken or show evidence of tampering.

This warranty is not transferable. This warranty will be the purchaser’s sole and exclusive remedy and neither X.Cell nor its service centres listed in this warranty document shall be liable for any incidental or consequential damages or breach of any express or implied warranty of this product.

X.Cell shall not be liable for the loss of any saved/stored data in products that are either repaired or replaced.

29. Disclaimer

Our attention has been drawn to several social media accounts including Instagram Accounts, Facebook pages using the X.CELL brand name, logo and pictures in an attempt to deceive and misinform followers.

Operators of the fake Social Media accounts have been sending unsolicited messages to unsuspecting members of the public offering them gifts and asking for card details.

These fake social media accounts are being administered by unscrupulous and malicious individuals who have no affiliation to X.CELL
Followers are thus advised that all information’s will only publish through our Official website (https://xcellme.com/) and the following Official social media accounts:

• Facebook: https://www.facebook.com/xcellmena/
• Instagram: https://www.instagram.com/xcellmena/
• Twitter: https://twitter.com/xcellmena1
• YouTube: https://www.youtube.com/channel/UCnBl89nBjqkBECsGtDqBVoQ
• TikTok: https://www.tiktok.com/@xcellmena

X.CELL will not assume responsibility or be held liable for the consequences of decisions made based on information from any social media accounts other than the listed above.