Terms and Conditions

These Terms and Conditions are supplemented by:

1. DeviceNetwork.com - Privacy Policy
2. DeviceNetwork.com - Website Acceptable Use Policy
3. DeviceNetwork.com - Terms of Website Use
4. DeviceNetwork.com - Cookie Policy
5. DeviceNetwork.com - Digital Services Terms
6. DeviceNetwork.com - Owner’s Guarantee and Indemnity

all of which are incorporated into and comprise the Terms.

CONTENTS CLAUSE

1. Definitions
2. Our Contract with You
3. Your Obligations
4. Initial Verification Process
5. Marketplace Services
6. Payment for Marketplace Services
7. Third Party Services
8. Marketplace Transactions between Members
9. Limitation of Our Liability
10. Indemnity
11. Confidentiality
12. Proprietary Rights
13. Information About Us and How to Contact Us
14. How We May Use Your Personal Information
15. Other Important Terms

1. DEFINITIONS

1.1 When the following words are used in these Terms, this is what they mean:

• Account Management Service: A service provided by Us to all Retailer Elite, Global Reseller, Platinum, and Enterprise Members to assist with Your use of the Services offered by Us.
• Authorised Users: Your employees, agents, and independent contractors who are authorised by You and agreed by Us to use the Services, the Site, the B2B Portal, and/or the Trading Platform.
• B2B Portal: The web-based platform available to Members on the Site through which the Services are accessed.
• Registered Member/Membership: Free and available on Registration, subject to verification. Provides limited access to the Site.
• Retailer Elite Member/Membership: Designed for small to mid-sized retailers. Includes access to marketplace tools, customer service integrations, and repair management services.
• Global Reseller Member/Membership: Designed for high-volume resellers. Includes advanced trading platform tools, bulk buying and selling capabilities, and logistics integrations.
• Platinum Member/Membership: Full software solutions for large corporations needing stock control, batch reporting, CRM, and other bespoke integrations.
• Enterprise Member/Membership: Custom-tailored solutions for multinational corporations requiring API integrations, dedicated account management, and enterprise-level trading functionalities.
• Brand Guidelines: The guidelines for the use of Our Logos and Emblems available on the Site and in the downloads section of Our B2B Portal.
• Buyer: A Member that purchases or offers to purchase Products or services from another Member.
• Confidential Information: Information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 11.
• Credit Checking Service: A Third-Party Service offering in-depth credit checking on businesses available to Retailer Elite, Global Reseller, Platinum, and Enterprise Members.
• Digital Services: Unlocking, flashing, network customisation, blacklist and other IMEI checking services and all other digital services provided by Us via the Site.
• Emblems: Our Registered Member, Retailer Elite Member, Global Reseller Member, Platinum Member, and Enterprise Member emblems, as set out in the Brand Guidelines.
• Logos: Our brand logo, as set out in the Brand Guidelines.
• Marketplace Services: Access to and use of the Site and the Trading Platform and any related additional services provided by Us including Third-Party Services.
• Members: All Registered, Retailer Elite, Global Reseller, Platinum, and Enterprise Members.
• Other Services: LCD Buyback, Insurance, Network Connections, Parts, Accessories, and Inventory Sales via B2C Marketplace and any other services provided by Us in partnership with third-party companies.
• Owner’s Guarantee and Indemnity: The guarantee and indemnity entered into by the Owner as a condition of these Terms. Includes employees and consultants that are authorized agents of the company.
• Products: All consumer electronic products including but not limited to mobile phones, personal computers, laptops, notebooks, tablets, games consoles, digital cameras, virtual reality products, related accessories, spare parts, and data products.
• Registration: Completion of the registration information on entering the Site.
• Seller: A Member that sells or offers to sell Products or services to another Member.
• Services: All services provided to You by Us, including but not limited to Marketplace Services and Other Services.
• Site: www.devicenetwork.com
• Subscription: The monthly or annual subscription payable for Retailer Elite, Global Reseller, Platinum, and Enterprise Membership at the rates specified by Us from time to time.
• Terms: The terms and conditions set out in this document, Our Privacy Policy, Our Website Acceptable Use Policy, and Our Terms of Website Use.
• Third Party Service: The services provided by third-party service suppliers.
• Trade Reference: A reference provided by a business that extends credit or otherwise has a business relationship with You.
• Trading Platform: The online marketplace for Buyers and Sellers operated by Us using the Site and accessed through the B2B Portal.
• We/Our/Us: Device Network FZ-LLC, Company No. 0000004049294. Address: FDBC0947, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates.
• You/Your: The business entity (sole trader, partnership, or company) identified at Registration.

1.2 When We use the words "writing" or "written" in these Terms, this will include email unless We say otherwise.

2. OUR CONTRACT WITH YOU

2.1 Please ensure that You read these Terms carefully before You submit Your Registration. If You think that there is a mistake, please contact Us to discuss.

2.2 These Terms will become binding on You and Us when You submit Your Registration, at which point You become a Member and a contract will come into existence between You and Us.

2.3 You may nominate up to 2 Authorized Users when you submit Your Registration. The B2B Portal allows you to request additional Authorized Users depending on your type of Membership.

• Retailer Elite Members can add up to 2 Users.
• Global Reseller Members can add up to 5 Users.
• Platinum Members can add up to 10 Users.
• Enterprise Members can request unlimited Users with additional costs applicable.

If additional Authorized Users are required, a request must be submitted for evaluation by Our support team.

2.4 You shall ensure that the Authorized Users use the Services, the Site, the B2B Portal, and the Trading Platform in accordance with these Terms and shall be responsible for any Authorized User's breach of these Terms.

2.5 We reserve the right to amend these Terms at any time by posting amended terms on the Site.

3. YOUR OBLIGATIONS

3.1 In relation to the Authorized Users, You undertake that each Authorized User shall:

• Keep a secure password for their use of the Services, the Site, the B2B Portal, and the Trading Platform.
• Change their password no less frequently than once a month and keep their password confidential.

3.2 You shall not, and shall procure that Your Authorized Users shall not:

• Carry out any act that would breach Our Website Acceptable Use Policy.
• Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services, the Site, the B2B Portal, or the Trading Platform in any form or media or by any means.
• Attempt to decompile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Services, the B2B Portal, the Site, or the Trading Platform.
• Access all or any part of the Services, the Site, the B2B Portal, or the Trading Platform to build a product or service which competes with the Services, the Site, or the Trading Platform.
• Permit anyone who is not an Authorized User to access the Services, the B2B Portal, or the Trading Platform.

4. INITIAL VERIFICATION PROCESS

4.1 On completion of Your Registration, You may apply to upgrade from Registered Membership to Retailer Elite, Global Reseller, Platinum, or Enterprise Membership by completing the Initial Verification Process.

4.2 You warrant that:

• The individual submitting the Registration on Your behalf has the authority to bind You.
• Where You trade as a limited company, the individual identified as the owner of the company in Your Registration is a person with significant control as defined by UAE Companies Law.
• The address used in the Registration process is the principal place of business of such entity.
• All other information provided on Registration is true, accurate, and complete.

4.3 You will be asked to provide Us with the details of two businesses that have agreed to provide a Trade Reference for You, and You give us authority to contact those businesses on Your behalf.

4.4 Where You trade as a company, We may undertake a credit reference check on You, including but not limited to the Credit Checking Service. Where You trade as a sole trader or by way of a partnership or limited liability partnership, We reserve the right to request additional Trade References and/or ID documentation (Additional Verification) as necessary to satisfy our internal verification requirements.

4.5 Where We have not received satisfactory Trade References and (where relevant) Additional Verification after 7 days of requesting them, We will re-request them and contact You with an update.

4.6 Where We have not received satisfactory Trade References and (where relevant) Additional Verification within 28 days of requesting them, Your application for Retailer Elite, Global Reseller, Platinum, or Enterprise Membership will be deemed unsuccessful.

4.7 Where You trade as a company, it is a condition of Your upgrade to Retailer Elite, Global Reseller, Platinum, or Enterprise Membership that the Owner or an authorized employee or agent executes the Owner’s Guarantee and Indemnity.

4.8 On receipt of two satisfactory Trade References, a positive credit reference check, and (where relevant) Additional Verification, Your upgrade to Retailer Elite, Global Reseller, Platinum, or Enterprise Membership is complete, and We will notify You to confirm this.

4.9 In order to protect our interests, We reserve the right to refuse to upgrade any Registered Member to Retailer Elite, Global Reseller, Platinum, or Enterprise Membership for whatever reason and are not required to provide You with reasons for such refusal.

4.10 We reserve the right to carry out some or all of the Initial Verification Process, even if You do not apply to upgrade from Registered Membership to a paid Membership tier.

5. MARKETPLACE SERVICES

5.1 Subject to verification of company and user, Registered Members have access to Our Trading Platform and receive a free listing for Your business so other Members can find and contact You.

5.2 Retailer Elite, Global Reseller, Platinum, and Enterprise Memberships provide enhanced access to the marketplace, offering additional services such as bulk trading tools, analytics, and API integrations.

5.3 We will provide the Services to You during the term of Your Membership, but We reserve the right to determine the immediate, temporary, or permanent withdrawal of Your right to use Our Site in accordance with Our Acceptable Usage Policy.

5.4 We may have to suspend the Services if We have to deal with technical problems or to make improvements to the Services. In such cases, We will notify You as soon as possible.

5.5 Platinum and Enterprise Members will receive a designated Account Management Service as part of their Membership benefits.

6. PAYMENT FOR MARKETPLACE SERVICES

6.1 Retailer Elite, Global Reseller, Platinum, and Enterprise Memberships must pay the Subscription annually or monthly in advance.

6.2 Monthly payments of the Subscription are due on the same day each month in advance.

6.3 The full Subscription is payable regardless of any purported cancellation or termination of Your Membership by You or any suspension of Services by Us under clause 6.3 or otherwise.

6.4 A 100 GBP administration fee will be charged to You on each occasion that You fail to make any payment on the date it is due.

7. THIRD PARTY SERVICES

7.1 The Credit Checking Service is a Third-Party Service which will be provided directly from the Credit Checking Service provider to You via Our Site.

7.2 If We offer credit reports on other companies, We may charge You for access to using the Credit Checking Service.

7.3 Third-party integrations such as logistics, payment processing, and digital services may be available depending on Your Membership level and may be subject to additional costs.

8. MARKETPLACE TRANSACTIONS BETWEEN MEMBERS

8.1 You acknowledge and agree that We are an online marketplace for Buyers and Sellers of Products and services. We are not a party to any transactions between Members and do not act on behalf of either the Seller or the Buyer.

8.2 By listing Products on the Site, You confirm that You have full legal title to the Products free from all liens, charges, and encumbrances and that the Products are available for supply.

8.3 We do not control or guarantee the ability of a Seller to complete a sale or a Buyer to complete a purchase and shall not be liable if a transaction fails to complete.

8.4 While We verify Members, there is still a risk of fraudulent transactions. You should take all reasonable steps to verify the other party before entering into any transaction.

8.5 You assume all risks associated with purchasing or selling Products or services via the Site, including liability for losses or harm resulting from the use of the Products or services.

8.6 You are solely responsible for negotiating and complying with the terms and conditions of transactions, including payment, taxes, insurance, returns, and warranties.

9. LIMITATION OF OUR LIABILITY

9.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud, or fraudulent misrepresentation.

9.2 To the extent permitted by UAE law, We exclude all conditions, warranties, representations, or other terms which may apply to Our Site or any content on it, whether express or implied.

9.3 We will not be liable to any Member for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:

• Use of, or inability to use, Our Site;
• Use of or reliance on any content displayed on Our Site.

9.4 We assume no responsibility for the content of websites linked on Our Site. Such links should not be interpreted as endorsement by Us of those linked websites.

9.5 We are not responsible or liable for the accuracy or reliability of listings, descriptions, availability, quality, safety, or legality of Products or services offered by Members.

10. INDEMNITY

10.1 You shall indemnify Us (including Our affiliates, directors, officers, agents, and employees) against all liabilities, costs, expenses, damages, and losses suffered or incurred by Us arising out of or in connection with:

• Your use of the Services, the Site, the B2B Portal, and/or the Trading Platform;
• Your Authorized Users’ use of the Services, the Site, the B2B Portal, and/or the Trading Platform;
• Your dealings with other Members;
• Your breach of any of these Terms.

10.2 This indemnity shall apply whether or not We have been negligent or at fault.

11. CONFIDENTIALITY

11.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms. Confidential Information shall not include information that:

• Is or becomes publicly known other than through any act or omission of the receiving party;
• Was in the other party's lawful possession before the disclosure;
• Is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
• Is independently developed by the receiving party.

11.2 Each party shall hold the other's Confidential Information in confidence and not make it available to any third party, except as necessary for fulfilling obligations under these Terms.

11.3 The above provisions shall survive termination of these Terms, however arising.

12. PROPRIETARY RIGHTS

12.1 You acknowledge that We and/or Our licensors own all intellectual property rights in the Services, the Site, the B2B Portal, and the Trading Platform. These Terms do not grant You any rights to, under, or in any patents, copyright, database rights, trade secrets, trade names, trademarks, or any other rights in respect of the Services, the Site, the B2B Portal, or the Trading Platform.

12.2 You may use Our Logos and Emblems, subject to compliance with Our Brand Guidelines.

12.3 Members may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, the Site, or related resources without express written permission from Us.

13. INFORMATION ABOUT US AND HOW TO CONTACT US

13.1 We are a company registered in the United Arab Emirates. Our company registration number is 0000004049294, and we have our registered office at FDBC0947, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates.

13.2 If You have any questions or complaints, You can contact Us by:

• Phone: +44 (0)7901 635400
• Email: [email protected]
• Postal Address: FDBC0947, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates

13.3 If We have to contact You, We will do so by email, phone, or by pre-paid post to the address provided during Registration.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 We will use the personal information You provide to Us to:

• Provide the Services;
• Process Your payments for Services;
• Communicate with You about similar products or services that We provide.

14.2 You agree that We may pass Your personal information to credit reference agencies and that they may keep a record of any search that they perform.

14.3 You agree that We may pass Your personal information to Platinum and Enterprise Members of the Site for business transactions and marketplace interactions.

14.4 You agree that We may display Your business contact details within Our online directory for visibility to other Members.

15. OTHER IMPORTANT TERMS

15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens. This will not affect Your rights or Our obligations under these Terms.

15.2 Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

15.3 If We do not enforce Our rights immediately, that does not mean We have waived those rights. Any waiver must be given in writing.

15.4 These Terms are governed by UAE law. You and We both agree to submit to the non-exclusive jurisdiction of the courts of the United Arab Emirates.

15.5 Our use of the GSMA Device Check TM Logo is under licence from GSMA Ltd. (“GSMA”). GSMA is an independent third party to Us and as such neither the GSMA nor any of its affiliates or their respective agents, officers, directors, employees, information providers, licensors, licensees, contractors, sub-contractors or advisers shall be responsible or liable for any of Our acts or omissions.