Terms & Conditions of Use
This document is a legally binding agreement between you and CollectiveSpend in relation to your access and use of the CollectiveSpend Marketplace as a user. Please read these Terms carefully before using CollectiveSpend. By using the website and/or related applications, you agree to be bound by these Terms and note that your organization has/ will have in place a contract agreement namely the “MEMBER CLIENT BUSINESS AGREEMENT” terms and these Contract terms govern the Contract relationship between CollectiveSpend and your organization and will superseded any term noted in this TOU should the need to rely on the terms be requested by either party or legal entity.
Welcome to collectivespend.com. CollectiveSpend FZE and/or its affiliates ("CollectiveSpend") provide website features that allow you to procure and/or purchase various products and services when you visit or utilize CollectiveSpend.com or its services/ applications, or use software provided by CollectiveSpend in connection with any of the foregoing (collectively, "CollectiveSpend Services"). By using the CollectiveSpend Services, you agree, on behalf of yourself and all members of your organisation and others who use any Service under your company account, to the following conditions.
CollectiveSpend may update these Terms at any time. Any changes to the Terms will be posted on this site. Once posted, the updated Terms will be effective immediately. It is your responsibility to review the Terms on a regular basis to keep yourself informed of changes. By continuing to access the CollectiveSpend site or use its services, you agree to be bound by the updated Terms.
The CollectiveSpend Private Marketplace offers a wide range of Products & Services, and sometimes additional terms may apply from the Vendor/Supplier side. When you purchase/procure a Product or Service you also will be subject to the guidelines, terms and agreements applicable to that Product or Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will take control in reference to that Product or Service.
1. Conditions for Registration
Please note: As a Supplier, you will be able to upload items for sale at the same time that you share your corporate documents, however, your products will not be viewable by potential buyers until your documents have been verified by CollectiveSpend.
1.1 You may not access or use CollectiveSpend Marketplace and may not accept these terms if you are not permitted to receive any Products and/or services under the laws of the United Arab Emirates or any jurisdiction in which you are a resident or citizen..
1.2 You must register as a buyer, Supplier (or both (with specific access requirements as agreed in your contract with CollectiveSpend)) and have a user account on the CollectiveSpend Marketplace to use its services.
1.3 Whether you are registering as a buyer or Supplier (or both(with specific access requirements as agreed in your contract with CollectiveSpend)), your organization must be a licensed business and to become verified as a buyer or Supplier (or both(with specific access requirements as agreed in your contract with CollectiveSpend)), and will have been requested to provide specific information for the contract terms to be agreed and signed.
1.4 CollectiveSpend have the right to reject the creation of a user account for any reason.
1.5 When you use any CollectiveSpend service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text or by posting e-mail messages or communications on the CollectiveSpend Marketplace or through our Message Center. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.
1.6 By posting or displaying any product, information, or content (“Content”) on the CollectiveSpend Marketplace, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to CollectiveSpend to use the Content in any form, media, or technology in any manner and for any purpose.
1.7 By registering as a user, you acknowledge that CollectiveSpend may launch, change, upgrade, impose conditions on, suspend or stop any services or features without prior notice.
2. User Accounts
2.1 Users must be registered on the Site to access or use the Marketplace Services. You may only have one main user account per organization at any one time, but may also register subaccounts under the main account. CollectiveSpend may suspend or terminate user accounts, if it has reason to suspect that the same business registered, or is in control of, two or more of the same type accounts.
2.2 Upon creation of a user account or subaccount, CollectiveSpend will assign you an account and request that you create a separate unique password for the main account and separate unique passwords for each subaccount.
2.4 You will be solely responsible for maintaining the confidentiality and security of your account and password. You may not share, assign, or permit the use of your user own account or password with another person, even those within your own business. You agree to notify CollectiveSpend immediately if you become aware of any unauthorized use of your user account or password.
2.5 You agree that all use of the CollectiveSpend Marketplace, and all activities that occur under your account(s) will be considered authorized by you, and that you solely bear the responsibility for the consequences of the misuse of your account and subaccounts.
2.6 CollectiveSpend may limit, suspend or withdraw your user account at any time, without notice, for breach of these Terms, or for any reason.
3. User's Responsibilities
3.1 You represent and agree that:
- you have full power and authority to accept the Terms and to fulfill your obligations under these terms;
- By accessing or using the CollectiveSpend Marketplace Platform, you accept the risks of conducting any transaction and related areas and note transactions carried out are legally binding on your orginisation.
- the information and documents submitted during the registration process are true, accurate, current and complete, and you will maintain and update all information and documents to keep them so while your CollectiveSpend Marketplace user account is active;
- you and your organization are solely responsible for obtaining all required licenses, permits and certifications for the Content that that you submit, post or display;
- any content that you submit, post or display is not counterfeit or stolen and does not otherwise violate any of the copyright, patent, trademark, trade name, trade secrets or any rights of any third party.
- you and your organization have the right and authority to purchase or sell, trade, distribute or export the products listed on the CollectiveSpend Marketplace, and the listing of these products does not violate any third-party rights (for example, exclusive agency or distribution agreements); and
- neither you, your company, its directors, officers nor affiliates are the subject of any trade restrictions, sanctions or other legal restrictions of any country, international organization or other jurisdiction.
3.2 You further agree that the Content that you submit, post or display will:
- be true, accurate, complete and legal.
- not contain information that is defamatory, libelous, threatening, harassing, obscene, explicit, offensive, or otherwise objectionable
- not contain information that is discriminatory or promotes discrimination
- not violate the Product Listing Policy (for Suppliers) , the Terms or any other additional agreements with CollectiveSpend.
- not violate any applicable laws and regulations or promote any activities which may violate them; and
- not post any link directly or indirectly to other websites which include Content that violates the Terms.
3.3 Additionally, you and your organization agree that you will:
- carry on activities on the CollectiveSpend Marketplace in compliance with any applicable laws and regulations
- be responsible for any PO and business placed and note any PO or business placed on the CollectiveSpend Marketplace is legally binding
- be responsible for payment of all invoices on time, each time.
- conduct your business transactions with CollectiveSpend Suppliers in good faith;
- carry on your activities according to these Terms, and any other applicable agreements;
- upload all requested data for every transaction to the CollectiveSpend Marketplace platform;
- not use CollectiveSpend or CollectiveSpend Marketplace to defraud any person or entity;
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not manipulate feedback through multiple user accounts or third parties by leaving positive feedback for yourself or unjustified negative feedback for another user;
- not copy, reproduce, download, republish, sell or distribute any information, text, images, graphics, video clips, sound, directories, files, databases or listings, available on or through CollectiveSpend Marketplace for any purpose;
- not engage in spamming, phishing or spreading viruses;
- not use CollectiveSpend Marketplace solely to collect information;
- agree and undertakes that, you shall not have direct business relationship with the CollectiveSpend Marketplace Suppliers that bypasses CollectiveSpend while in the signed Member Client agreement that is shared with your company.
- not use information provided to you during the course of a transaction on CollectiveSpend Marketplace to solicit additional sales offline; and
- not engage in any activities that would create liability for CollectiveSpend or CollectiveSpend Marketplace.
3.4 In its sole discretion, CollectiveSpend has the right to remove a posting or listing or suspend or terminate any user account, if it learns of a violation or suspected violation of any of the points under 3.1-3.3, or for any reason it considers appropriate.
4. Term of user access
4.1 The term of your user access to the CollectiveSpend Marketplace will be in line with the signed “MEMBER CLIENT BUSINESS AGREEMENT” or “SUPPLIER BUSINESS AGREEMENT” as signed with your organization.
5. Electronic Communications
5.1 When you use CollectiveSpend and/or CollectiveSpend Marketplace Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically.
5.2 You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other CollectiveSpend and/or CollectiveSpend Marketplace Services, such as our online Message Center, and you can retain copies of these communications for your records.
5.2 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.
6. Transactions Between Buyers, CollectiveSpend and Suppliers
6.1 Through its website and related applications, CollectiveSpend provides a platform for Corporate Organizations and its buyers and Suppliers to interact with one another on a private closed protocol platform for the sale and purchase of products and/or Services. CollectiveSpend does not represent either Member Client or Suppliers in any transaction and is not a party to any agreement between them unless agreement is formed between the parties.
6.2 Member Client must note and agree that any PO placed via the CollectiveSpend Marketplace Platform is a fully legal and binding agreement and that the Member Client will adhere to all requirements of the PO and of the Payment of that full PO in line with the terms of this Agreement
6.3 Member Client and Suppliers must agree on and create their own contractual terms and Suppliers will upload their terms for buyers to understand and both can also come to mutual agreement on these, these will also be included in the order details of each transaction to the CollectiveSpend Marketplace platform.
6.4 CollectiveSpend does not control and is not responsible for the quality, legality, safety, or availability of the products offered for sale on the CollectiveSpend Marketplace, the ability of Suppliers to complete a sale or the ability of Member Client to complete a purchase. CollectiveSpend warrant / guarantee to the level of the Suppliers warranty / guarantee on their products / services.
6.5 By accessing or using the CollectiveSpend Marketplace, you accept the risks of conducting any transaction, as well as any related activities, such as payment, storage, shipment and return of products.
6.6 All Suppliers on the CollectiveSpend Marketplace have signed defined terms & conditions to be part of the secure and private Marketplace, and as such CollectiveSpend is not liable for unsatisfactory or delayed performance, losses, damages or business interruptions as a result of products which are unavailable, damaged or not delivered.
6.7 CollectiveSpend may, but is not required to, mediate or attempt to resolve any dispute or disagreement between buyers and Suppliers, but will not be responsible for the resolution of such dispute.
6.8 Please Contact Us , to report any issues or violations of these Terms.
7. Third-Party Sites or Services
7.1 Collectivespend may give you access to third-party sites or services through hyperlinks, API or other means. You should review the third-party terms and conditions (if any), as ColectiveSpend has no control over and does not monitor such sites. CollectiveSpend will not be liable to you for the content of these sites or your use of them.
7.2 CollectiveSpend may offer you third-party services, such as payment gateways, supply chain finance solutions and/or delivery services. These services may be subject to a separate agreement between you and the service provider. Under no circumstances will CollectiveSpend be liable to you for the use of such services.
7.3 Third-party services may be subject to separate fees. Your organization will be informed of such fees prior to the performance of the services and these fees will be included in such invoices provided.
8.1 The services provided by CollectiveSpend and the products displayed on The CollectiveSpend Marketplace are provided "as is", "as available" and "with all faults", and any and all warranties are in line with Supplier specified warranties and guarantees only.
8.2 You agree to defend CollectiveSpend, our affiliates, directors, officers and employees against any and all third-party losses, claims and liabilities (including legal costs) which may result from your violation of these Terms, use of the CollectiveSpend Marketplace and associated services (or third-party services or sites offered through CollectiveSpend and CollectiveSpend Marketplace ). You agree to fully compensate CollectiveSpend for such losses.
8.3 CollectiveSpend has the right to take control of any legal matter subject to Clause 8.2.
8.4 Collectivespend will not be liable to pay any consequential, indirect, punitive or incidental damages (including but not limited to damages for loss of profits or savings, business interruption, loss of information), resulting from your use of the CollectiveSpend Marketplace, or any third-party services or sites offered through CollectiveSpend and the CollectiveSpend Marketplace.
8.5 Regardless of the above clauses, the total liability of CollectiveSpend, our employees, agents, affiliates or representatives for any or all your claims during any calendar year is limited to USD $100.
8.6 The above clauses will apply whether or not CollectiveSpend has been advised of, or should have been aware of, the possibility of any losses.
9. Cooperation with Authorities
9.1 CollectiveSpend has the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and policies, CollectiveSpend may disclose a user's identity and contact information regarding a user's account, transactions or activities carried on the CollectiveSpend Marketplace. CollectiveSpend will not be liable for damages due to such disclosure, and you agree not to bring any claim against CollectiveSpend for the disclosure.
10. Force Majeure
10.1 Neither you nor CollectiveSpend will be liable for failing to fulfill any obligation under these Terms that result from circumstances beyond either party’s reasonable control, such as natural disasters, pandemics or war.
11. Intellectual Property
11.1 “CollectiveSpend” and its related logos and words on the CollectiveSpend Marketplace are registered trademarks of CollectiveSpend and are protected by international trademark and other intellectual property rights and laws. CollectiveSpend’s trademarks may not be used in connection with any service or products that other than CollectiveSpend’s, without its written consent. All other trademarks not owned by CollectiveSpend that appear on the CollectiveSpend Marketplace are the property of their respective owners, who may or may not be affiliated with CollectiveSpend.
11.2 CollectiveSpend is the sole owner or lawful licensee of all the rights and interests in the CollectiveSpend Marketplace and its content. The CollectiveSpend Marketplace and its content contain trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the the CollectiveSpend Marketplace and its Content belong to CollectiveSpend. All other rights are reserved.
11.3 If you believe that any Content on the CollectiveSpend Marketplace violates your intellectual property or other third-party rights, please email email@example.com.
12.1 All notices or demands to CollectiveSpend must be made in writing and sent personally, by courier or by email to:
COLLECTIVESPEND TECHNOLOGY FZE,
Dubai Silicon Oasis Authority,
United Arab Emirates
12.2 All legal notices or demands on a user will be delivered to the last known email address provided on the CollectiveSpend Marketplace, unless otherwise required by specific laws or regulations.
13. General Clauses
13.1 These Terms represent the agreement between you as the User and CollectiveSpend as to your use of the website. The “MEMBER CLIENT BUSINESS AGREEMENT” or “SUPPLIER BUSINESS AGREEMENT” represents the entire agreement between your organization and CollectiveSpend for the contractual agreement between the two parties.
13.2 These Terms do not create an agency, partnership, joint venture, employment or franchise relationship between you and CollectiveSpend. Only the “MEMBER CLIENT BUSINESS AGREEMENT” or “SUPPLIER BUSINESS AGREEMENT” terms as signed by your organization govern partnership.
13.3 If any clause of these Terms is considered invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.
13.4 If CollectiveSpend does not enforce its rights or act against any breach by you under the Terms, it does not mean that CollectiveSpend is waiving its rights to enforce actions against you in the future.
13.5 CollectiveSpend has the right to assign the Terms to any person or entity. You may not assign these terms to any person or entity, without written consent from CollectiveSpend.
13.6 These Terms shall be deemed to have been made, executed, delivered and interpreted -:
- in accordance with the laws in force in the Emirate of Dubai and the Federal laws of the United Arab Emirates. The parties hereby submit to the exclusive jurisdiction of the competent courts of Dubai, UAE.
- Any Dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, and if not resolved amicably, such Dispute shall be referred to and finally resolved by arbitration in DIFC court in accordance with the rules promulgated by the London Court of International Arbitration (“LCIA”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. Additionally, for claims up to the amount of UAE Dirhams One Million (AED 1,000,000) (USD $272,000). For disputes that do not qualify for determination through the SCT, the Courts of the DIFC will have exclusive jurisdiction to settle such dispute.
- It is hereby agreed that there shall be one arbitrator to be appointed by the Chairman of LCIA in accordance with the said rules, the language of the arbitration shall be English, the seat shall be Dubai, the award shall be in writing and the award shall be final and binding upon the Parties and judgement thereon may be entered in any court having jurisdiction for its
14. Additional Software Terms
The following terms apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with CollectiveSpend and/or the CollectiveSpend Marketplace Services (the "CollectiveSpend Marketplace Software").
14.1 Use of the CollectiveSpend Marketplace Software. You may use CollectiveSpend Marketplace Software solely for purposes of enabling you to use the CollectiveSpend Marketplace Services as provided by CollectiveSpend, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the CollectiveSpend Marketplace Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the CollectiveSpend Marketplace Software in whole or in part, unless with the sole agreement of CollectiveSpend. All software used in any CollectiveSpend Marketplace Service is the property of CollectiveSpend or its software Suppliers and is protected by international copyright laws.
14.3 No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the CollectiveSpend Marketplace Software, whether in whole or in part.
14.5 Updates. We may offer automatic or manual updates to the CollectiveSpend Marketplace Software at any time and without notice to you.
14.6 Conflicts. In the event of any conflict between these Conditions of Use and any other CollectiveSpend or third-party terms applicable to any portion of CollectiveSpend Marketplace Software, such as source license terms, such other terms will control as to that portion of the CollectiveSpend Marketplace Software and to the extent of the conflict.
If you have any questions regarding these Terms, please Contact Us
*** By accepting these terms the User fully agrees that the terms in the agreed and signed “MEMBER CLIENT BUSINESS AGREEMENT” or “SUPPLIER BUSINESS AGREEMENT” will supersede any or all terms where a conflict is in place.***