General Terms and Conditions
These General Terms and Conditions (GTC) govern the use of IBIAPRO’s expert platform, websites, applications and services.
The use of the products of the IBIAPRO platform is, in addition to IBIAPRO’s T&Cs, governed by the T&Cs and policies of the experts and experts are solely responsible for the sale of the products.
IBIAPRO is only the operator of the expert platform and provides only a smooth operation of the marketplace software and is not responsible for the experts and the expert’s services, products and customers and third parties involved persons, companies, links or business models and connections to external interfaces or websites.
Cancellation policy
If you use the IBIAPRO platform, the following applies to you:
Right of withdrawal IBIAPRO
Since we are an ONLINE platform and provide you with our product upon registration, there is no right of withdrawal.
Right of withdrawal experts
Basically, we refer you to the terms and conditions, the respective rights of withdrawal and all other legal conditions of the expert.
Product purchases are subject to the GTC of the expert and have nothing to do with IBIAPRO. Therefore, the current GTC and cancellation rights of the expert apply.
As a standard we can only give you the following advice.
Basically, there is a fourteen-day return policy, except for follow-on products, online downloads in any form, blockchain-based products, annual fees for online platforms, groups and blog joining fees, donations, and any products that use our Expert platform software. Since you can already use these products or services with the payment or they have no right of withdrawal by law.
If you have a right of withdrawal, please contact the expert and not IBIAPRO, as we do not pass on complaints.
In order to exercise your right of withdrawal, you must inform the Expert by email by means of a clear declaration of your decision to withdraw from this contract. The revocation period is fourteen days from the day of the conclusion of the contract.
1 Performance IBIAPRO platform
- By means of the IBIAPRO platform we offer an expert platform on which private and legal persons (“experts”) have the possibility to offer their products and services on their own responsibility.
- IBIAPRO itself does not offer any products apart from the annual membership fees and does not become a contracting party to the contracts concluded exclusively between the experts and the rental members of this marketplace.
- IBIAPRO has the right not to accept offers and other contents of experts in certain countries without giving reasons or to delete the offer or the post in general.
- Despite various security precautions, it cannot be ruled out that incorrect contact details have been entered for an IBIAPRO account or that these have changed in the meantime.
- Offers and other contents of experts published on the IBIAPRO platform do not represent the opinion of IBIAPRO and are generally not checked by IBIAPRO for their legality, correctness and completeness.
- IBIAPRO obligates all experts to perform a KYC of their customers. The experts are owners of your customer data and responsible for this legal correct handling. If IBIAPRO has knowledge of improperly managed records, IBIAPRO is authorized to set these external customer data to inactive until the error is corrected, after a single request to the expert for correction.
- IBIAPRO may make the use of the IBIAPRO Platform or individual functions of the IBIAPRO Platform or the extent to which individual functions can be used subject to certain conditions, such as verification of login data, duration of use, account type, KYC status of the profile, payment history or subject to the presentation of certain proofs (e.g. proof of identity, proof of purchase, proof of payment or proof of ownership). In particular, IBIAPRO may, under certain conditions, restrict the buying activities of an Expert, including making the submission of bids subject to further conditions such as prior verification.
- IBIAPRO reserves the right to change the platform within its principles.
- The claim of experts to use the IBIAPRO platform exists only within the framework of the current state of the art. IBIAPRO temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures, and this serves the proper or improved provision of the services (maintenance work).
- If an unforeseen system failure impedes the use of the IBIAPRO platform, the experts will be informed in an appropriate form without any liability claim.
2 IBIAPRO account registration
- The use of the IBIAPRO platform as an expert or customer requires the registration as a prerequisite.
The registration takes place by opening an account under agreement of all currently valid terms and conditions and privacy policy of IBIAPRO and the corresponding of the expert.
With the registration, a contract on the use of the IBIAPRO platform (hereinafter: “User Contract”) is concluded between IBIAPRO and the expert. There is no claim to the conclusion of a user contract. - Registration as an expert is permitted to private and legal persons, partnerships.
Natural persons and legal entities are permitted to register to use the services of an expert. - Especially minors are not allowed to register for the use of the IBIAPRO platform.
- The data requested by IBIAPRO during registration must be provided completely and correctly. No P.O. Box may be given as address.
- The registration of a legal entity or partnership may only be made by an authorized natural person, who must be named. When registering natural persons, only single persons may be indicated as IBIAPRO account holders (i.e. no married couples or families).
- If the given data change after the registration, the expert is obliged to update the data in his IBIAPRO account immediately.
- Experts must keep their password secret and carefully secure access to their IBIAPRO account. Experts are obliged to inform IBIAPRO immediately if there are indications that an IBIAPRO account has been misused by third parties.
- An IBIAPRO account is not transferable.
- IBIAPRO reserves the right to delete IBIAPRO accounts of incomplete registrations after a reasonable time. The same applies to IBIAPRO accounts that have not been used for an extended period of time.
- Within the IBIAPRO Platform, IBIAPRO has access to various information about Experts, including personal data. This includes, in particular, such information that Experts submit to IBIAPRO within the IBIAPRO Platforms (such as contact information or product information) as well as such information that is generated in the course of providing and processing the IBIAPRO Platform.
- IBIAPRO will not disclose any information about experts or their clients to third parties, unless it is required to do so by law in its home country UAE by a legally valid judgment.
After termination of the User Agreement, the data provided by the respective Supplier Data or generated by his use of the IBIAPRO Platform will be deleted from his IBIAPRO account. Notwithstanding the foregoing, IBIAPRO will retain such information after the end of the contract to the extent IBIAPRO is required to do so by law or has a legitimate interest in doing so. Aggregated data generated through use (e.g. statistics on sales in a category) will generally continue to be retained after the end of the contract.
IBIAPRO informs about the processing of personal data by IBIAPRO, including the transfer to third parties and the rights of the Expert as a data subject, in the IBIAPRO Privacy Policy.
3 IBIAPRO Services Usage, Products, Services and Content
- It is the responsibility of the expert to ensure that his offers and contents (especially pictures and other information) are lawful and do not violate the rights of third parties.
- It is forbidden to offer or advertise on IBIAPRO products whose offer, sale or purchase violates legal regulations, the IBIAPRO principles, rights of third parties or morality. IBIAPRO reserves the right to make the sale of certain products subject to conditions that go beyond the legal requirements.
- All characteristics and features essential for the purchase decision must be truthfully stated. In addition, full information must be provided about the terms of payment and delivery.
- The product description as well as the pictures used thereby may refer exclusively to the offered product. Advertising for products not offered by IBIAPRO is not allowed. Experts are not allowed to use seals of approval, warranty marks or other symbols of third parties in the context of using the IBIAPRO platform, unless IBIAPRO authorizes such symbols.
- Experts offering your services or products are obliged to provide them with the legally required consumer protection information and to instruct them about the existence or non-existence of the statutory right of withdrawal.
- The price of the respective products is understood to be the final price including any applicable value added tax and other price components. The sales price does not include payment provider, delivery and shipping costs.
- Experts and their customers may not use addresses, e-mail addresses and other contact data obtained through the use of the IBIAPRO platform for any purpose other than contractual and pre-contractual communication. In particular, it is prohibited to resell this data or to use it to send advertising or to share it on social media platforms. Unless the respective Expert and IBIAPRO have expressly agreed to this beforehand in accordance with the applicable legal provisions.
- Experts are responsible for archiving information that can be viewed via the IBIAPRO platform and stored by IBIAPRO, which they need for purposes of preserving evidence, accounting or other purposes, on a storage medium independent of IBIAPRO.
- Experts may not block, overwrite or modify content generated by IBIAPRO or other experts or otherwise interfere with the IBIAPRO platform, especially if this could cause an excessive load on the IBIAPRO infrastructure.
- IBIAPRO has no buyer protection and is not responsible for the sales as it only provides the platform. All products and services are the responsibility of the Experts.
- If the experts do not fulfill their obligations towards the IBIAPRO platform, the IBIAPRO platform has the right to stop the operation towards the expert until the payment is settled.
4 Payment processing at IBIAPRO
- Within the framework of payment processing IBIAPRO processes payments towards the customer. The expert is responsible for the payment processing and IBIAPRO only provides the technical software connection for payment processing.
- The expert can basically use the payment channels realized in the software with corresponding contracts with the payment providers or the IBIAPRO platform. If there are new requirements, this can be evaluated and checked and if necessary realized in the software by payment to IBIAPRO, provided that it meets the security requirements of the IBIAPRO software.
5 Termination and measures
- IBIAPRO may take the following measures if there are concrete indications that an Expert violates legal regulations, third party rights, the T&Cs, the IBIAPRO Principles or, as Experts, the Terms of Use for payment processing at IBIAPRO, or if IBIAPRO has another legitimate interest, in particular to protect Experts from fraudulent activities:
- Deletion of services, products, offers, reviews, customers or other content of the expert
- Warning of the expert
- Restriction of the use of IBIAPRO services,
- Temporary blocking
- Final blocking
When choosing a measure, IBIAPRO takes into account the legitimate interests of the Expert concerned, in particular whether there are indications that the Expert is not at fault for the violation. Such measures are not levied because of private accusations, but are based on the legal foundations of the UAE and a judicial decision.
- IBIAPRO may permanently exclude an Expert from using the IBIAPRO platform (permanent exclusion) if
- he violates the legal requirements of the UAE
- he publishes hate or violence, politically or human rights incorrect or pornographic articles or pictures
- he/she has provided false contact information
- he transfers his IBIAPRO account or gives third parties access to it
- he causes significant damage to other experts or IBIAPRO
- he repeatedly violates these GTC, the IBIAPRO principles or, as an expert, the terms of use for payment processing at IBIAPRO, or
- there is another important reason.
After an expert has been permanently blocked, there is no claim to restoration of the blocked IBIAPRO account or the evaluation profile or the customer base.
- Experts may terminate this User Agreement at any time.
- IBIAPRO may terminate the user contract at any time with a notice period of 30 days to the end of the month. The right to block and the right to extraordinary termination for cause remain unaffected.
- As soon as an expert has been blocked or the user contract has been terminated by IBIAPRO, this expert is no longer allowed to use the IBIAPRO platform even with other IBIAPRO accounts and is not allowed to register again.
- If IBIAPRO takes any of the actions under these points, in particular in the case of a restriction, suspension or termination, Experts will have the opportunity to clarify the facts and circumstances underlying such action under the internal complaint management procedure of IBIAPRO’s Customer Service.
6 Experts contract
- For offering products and for the use of the platform and additional options, IBIAPRO charges the expert a fee, which is defined in a contract. If a product is sold, the expert has to pay a sales fee to IBIAPRO. The amount of the individual fees depends on the contract between IBIAPRO and the expert.
- Individual fees are due for payment immediately, weekly or monthly.
- Experts will be blocked without further reminder after a lapse of 10 days after notification of the invoice amount in arrears.
- IBIAPRO reserves the right to charge an expense fee for the deletion of offers or other content or for the blocking of experts. Likewise, IBIAPRO may charge a fee for the reactivation of a blocked IBIAPRO account.
7 Conclusion of contract - offer
- IBIAPRO provides the experts with a confidential offer, which regulates the costs and rights of use.
- The products and services can be set by the expert himself or against payment by the IBIAPRO back office.
- The modification or termination or premature termination of services or products between the product supplier and their customers is the responsibility of the experts and is not the responsibility or influence of IBIAPRO.
- The buyer is generally obliged to pay in advance. Unless Buyer and Experts agree otherwise, the purchase price shall be due immediately and shall be paid by Buyer via the payment methods offered by the Expert. IBIAPRO reserves the right to limit the payment methods available to a Buyer for risk management purposes.
- Experts must be able to transfer the offered products and services to the buyer immediately after the conclusion of the contract.
8 Social media comments & rating portals
- Experts may be rated or comments may appear on social media platforms after a transaction has been executed. These comments are not verified by IBIAPRO as they do not concern IBIAPRO and may be inaccurate or misleading.
If IBIAPRO has been involved in such comments, we request the author to remove them immediately, because we claim the right as a platform operator and not as a product seller not to be involved in the business of the expert and we have our own channels where we let ourselves be advertised. In case of violation of this fact and the following points, IBIAPRO will immediately take legal action against the offenders. - Experts and customers, i.e. all members of the platform, are obliged to provide only truthful information in their comments. The comments submitted by experts must be factual and may not contain any abusive criticism.
- Any improper use of the rating system is prohibited. In particular, it is prohibited:
- to make evaluations about himself or herself or to have them made by a third party who is not a contractual partner.
- to include in valuations circumstances that are not related to the settlement of the transaction in question.
- to use valuations for any purpose other than trading via the IBIAPRO services.
- coerce other experts to act, acquiesce or refrain from acting by threatening to give or not to give a rating.
- spread untruths, insults, threats about experts or IBIAPRO.
9 Limitation of liability
- IBIAPRO is liable according to the legal regulations for intent and gross negligence of IBIAPRO, but as platform operator not for the misconduct of the experts or their services, products or customers/partners/members.
- Failures of the system, cyber-attacks, maintenance work do not constitute a liability approach but are to be resolved quickly by IBIAPRO if possible.
- Any further liability of IBIAPRO is excluded.
- To the extent that IBIAPRO’s liability is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, executive employees and simple vicarious agents.
10 Exemption
The expert shall indemnify IBIAPRO against all claims asserted by other experts, customers, rental members or other third parties against IBIAPRO due to infringement of their rights by offers and other content posted by the expert via the IBIAPRO platform or due to his other use of the IBIAPRO services. In this case, the Expert shall bear the costs of the necessary legal defense of IBIAPRO, including all court and attorney fees in the statutory amount. This shall not apply if the expert is not responsible for the infringement. The expert is obligated to provide IBIAPRO immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by a third party.
11 Final regulations
- For the purpose of the performance of the contract and the exercise of the rights to which IBIAPRO is entitled under this contract, IBIAPRO may use other IBIAPRO companies.
- IBIAPRO shall be entitled to transfer its rights and obligations under this contractual relationship in whole or in part to a third party. In this case, the Expert shall also be entitled to terminate these GTC without notice and free of charge at any time.
- IBIAPRO as well as the expert can change its GTC at any time. In each case, the current valid GTC are authoritative and can be viewed with each login.
- The expert is deemed to have given his consent. If the expert does not agree with the changes, he has the right to terminate the contract without notice and free of charge. The currently valid GTC can be viewed on the IBIAPRO website at any time.
- Each user agrees to the current T&C by logging in to the IBIAPRO platform, as well as each time he/she makes a purchase, he/she agrees to the T&C and the expert’s conditions, without any right of withdrawal.
- Should individual provisions of these GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Any provisions of these GTC that are not included or are invalid shall be replaced by the statutory law of the UAE. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.
- All declarations transmitted within the framework of the User Agreement concluded with IBIAPRO must be made in writing by e-mail.
- The contract of use including these GTC is subject to UAE. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
- IBIAPRO is neither willing nor obliged to participate in dispute resolution proceedings with experts, their customers or third parties and consumers before a consumer arbitration board or other instutions.
- For experts and their clients, there is a place of jurisdiction at the respective domicile of the expert.
