TERMS AND CONDITIONS

Tabarak Trading FZCO
Dubai, United Arab Emirates
Last Updated: [Insert Date]

1. DEFINITIONS

For the purposes of these Terms:

  • “Company” means Tabarak Trading FZCO, Dubai, UAE
  • “Client” means any legal entity engaging with the Company
  • “Services” means commodity sourcing, allocation, logistics coordination, and trade execution support
  • “Website” means https://tabarak.trading/
  • “Transaction” means any commercial engagement formalized via contract

2. SCOPE & LEGAL STATUS

2.1 These Terms govern access to the Website and preliminary commercial engagement.

2.2 The Website serves informational and engagement purposes only and does not constitute:

  • A binding offer
  • A solicitation to contract
  • A guarantee of supply

2.3 Any Transaction becomes legally binding only upon execution of a signed agreement between the Company and the Client.

3. BUSINESS MODEL DISCLOSURE

3.1 The Company operates as a source-controlled commodity supply platform, facilitating:

  • Direct origin access (mines / production sites)
  • Volume allocation structures
  • Logistics coordination (mine → border → export)
  • Trade execution support
  • 3.2 The Company may act as:
  • Principal
  • Intermediary
  • Mandated supplier

depending on the Transaction structure.

4. ELIGIBILITY & REPRESENTATIONS

4.1 Services are strictly limited to legal entities and authorized representatives.

4.2 By engaging, the Client represents and warrants that:

  • It is duly incorporated and in good standing
  • It has full authority to enter into Transactions
  • It complies with all applicable laws and regulations
  • It is not subject to sanctions or restrictions

5. KYC / AML / SANCTIONS COMPLIANCE (BANK-ALIGNED)

5.1 The Company operates in alignment with UAE Federal AML Regulations, including:

  • Federal Decree-Law No. (20) of 2018 (AML/CFT)
  • Cabinet Decision No. (10) of 2019

5.2 The Company applies compliance standards consistent with Tier-1 financial institutions, including but not limited to:

  • First Abu Dhabi Bank (FAB)
  • Emirates NBD (ENBD)
  • 5.3 The Client must provide, upon request:
  • Certificate of Incorporation
  • Memorandum & Articles of Association
  • Shareholder structure (UBO disclosure ≥25%)
  • Passport copies of directors and UBOs
  • Proof of address
  • Banking references
  • Trade references
  • Source of funds declaration

5.4 The Company reserves the right to:

  • Conduct enhanced due diligence (EDD)
  • Verify information via third-party providers
  • Reject or suspend engagement without explanation

5.5 The Client confirms:

  • It is not listed on any sanctions list, including:
    • OFAC (USA)
    • EU Sanctions List
    • UN Sanctions List
    • UK HMT List
  • It will not engage in any activity involving restricted jurisdictions or entities
  • 5.6 Any suspicion of:
  • Money laundering
  • Terrorist financing
  • Sanctions evasion

will result in immediate termination and potential reporting to authorities.

6. TRANSACTION STRUCTURE & PAYMENT TERMS

6.1 All Transactions are structured on a secured or pre-funded basis, including:

  • Full prepayment (spot transactions)
  • Allocation deposits (volume reservation)
  • Allocation + milestone-based prepayments
  • Rolling allocation frameworks
  • Pre-funded settlement structures
  • Bank-supported instruments (subject to approval):
    • SBLC (Standby Letter of Credit)
    • Bank Guarantee (BG)
    • LC at Sight (only where enforceability is viable)
    • 6.2 Final payment structure is defined in each Transaction agreement.

6.3 The Company is not obligated to allocate or deliver material without agreed financial security.

7. LOGISTICS, DELIVERY & RISK

7.1 Logistics coordination may include inland transport, handling, and border delivery.

7.2 Delivery terms (e.g., FOB, FCA) are defined contractually per Transaction.

7.3 The Client acknowledges:

  • Afghanistan-origin logistics may involve operational variability
  • Border, customs, and security conditions may affect timelines
  • 7.4 Risk transfer occurs strictly in accordance with agreed Incoterms in signed contracts.
  • 8. CONFIDENTIALITY

8.1 All commercial, technical, and operational information shared is confidential, including:

  • Pricing
  • Assay reports
  • Supply volumes
  • Allocation structures
  • 8.2 The Client shall not disclose such information without prior written consent.
  • 9. INTELLECTUAL PROPERTY

All Website content remains the exclusive property of the Company.

Unauthorized use, reproduction, or distribution is strictly prohibited.

10. LIMITATION OF LIABILITY

10.1 To the fullest extent permitted by law, the Company shall not be liable for:

  • Indirect or consequential damages
  • Loss of profit, revenue, or business
  • Delays caused by third parties or external factors

10.2 Website content is provided “as is” without warranties.

11. FORCE MAJEURE

The Company shall not be liable for failure or delay caused by events beyond reasonable control, including:

  • Political instability
  • Government actions
  • Border closures
  • Security incidents
  • Natural disasters

12. TERMINATION RIGHTS

The Company may immediately terminate engagement in case of:

  • KYC/AML non-compliance
  • Misrepresentation
  • Payment failure
  • Suspicious or unlawful activity
  • 13. THIRD-PARTY DISCLAIMER

The Company may interact with:

  • Mines
  • Government entities
  • Logistics providers
  • Inspection agencies (e.g., SGS or equivalent)

The Company is not liable for third-party performance unless explicitly contracted.

14. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of:

Dubai, United Arab Emirates

15. DISPUTE RESOLUTION (ICC / DIFC – BANK GRADE)

15.1 Any dispute arising out of or in connection with these Terms or any Transaction shall be resolved as follows:

Option A – ICC Arbitration (Recommended for International Clients):

  • Arbitration under the Rules of the International Chamber of Commerce (ICC)
  • Seat of arbitration: Dubai, UAE
  • Language: English
  • Number of arbitrators: One (or three for high-value disputes)
  • Option B – DIFC-LCIA / DIFC Arbitration:
  • Arbitration under DIFC Arbitration Rules
  • Seat: Dubai International Financial Centre (DIFC)
  • Language: English
  • 15.2 The Company reserves the right to select the applicable arbitration forum unless otherwise agreed in writing.
  • 15.3 Interim relief may be sought in UAE courts where necessary.
  • 16. WEBSITE USE
  • Users shall not:
  • Attempt unauthorized access
  • Introduce malicious code
  • Use the Website for unlawful purposes
  • 17. AMENDMENTS

The Company reserves the right to modify these Terms at any time. Continued use constitutes acceptance.

18. CONTACT

Tabarak Trading FZCO
Dubai, United Arab Emirates
Website: https://tabarak.trading/
Email: info@tabarak.trading