You agree to use souq-me.com website (the “Website”) only for purposes that are permitted by this Terms & Condition and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree that you will not access or attempt to access the Website other than through the interface that is provided by souq-me.com, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of souq-me.com.
You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose.
You agree that you are solely responsible for any breach of your obligations under this Terms & Condition and for the consequences (including any loss or damage which souq-me.com may suffer) of any such breach.
You may be required to register with souq-me.com in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to souq-me.com including those set forth in these Terms & Conditions, souq-me.com reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
The souq-me.com Site and souq-me.com Services may be used only for lawful purposes and in a lawful manner. You must comply at all times with these Website Terms and Conditions and all other terms, conditions and policies imposed by us from time to time pertaining to the use and access of the souq-me.com Site and souq-me.com Services.
For the operation, maintenance, access and use of your account in the souq-me.com Site, you shall be responsible for the following:
- compliance of your content with these Website Terms and Conditions and all other terms, conditions and policies imposed by us from time to time pertaining to the use and access of the souq-me.com Site and souq-me.com Services including laws, rules and regulations;
- ensuring that you will not falsify, delete, misuse, imitate, download, modify or distribute any content or listing by any Sellers or any other users of which may tantamount to an infringement, violation, or misappropriation of their rights including without limitation copyrights, trademarks, trade secret, privacy, publicity or other intellectual property or proprietary rights.
- representing and warranting that:
- you are not impersonating any person or entity, or otherwise misrepresent yourself in association with any person or entity;
- you agree to provide accurate information that includes without limitation mode of payment information for purchasing the Goods ordered on souq-me.com Site;
- you warrant that you will not use any payment information or instrument that you do not legally own or authorized to use;
- you will not make, publish, post, upload or disseminate any derogatory, abusive, defamatory, profane, inappropriate remarks or statements about the souq-me.com Site and/or its souq-me.com Services or to any of its users;
- you will not use the souq-me.com Services and souq-me.com Site for fraudulent purposes;
- you will not collect any information about other users which include any of their personal data or information;
- you will not use the souq-me.com Services to violate the privacy of others or to harass other users;
- you will not upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, files or programs designed to directly or indirectly interfere with, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data;
- you will not conduct any surveys, contests or comparisons;
- you will not upload, email, post, transmit or otherwise make available any unsolicited or unauthorized promotional materials, advertising, “junk mail”, “spam”, “pyramid schemes”, or any other authorized form of solicitation.
- any breach of the above warranties and representations, you agree to compensate and reimburse and/or pay any fines or fees imposed by us or by any relevant authority;
Notwithstanding the provisions of this Website Terms and Conditions and without prejudice to any of our rights and remedies as may be provided by law, rules, regulations and other terms, conditions and policies that may be imposed by us from time to time, we reserve our right amend the Website Terms and Conditions, modify or withdraw this Souq-me without notice, refuse purchase of any or all Goods listed for sale through the Souq-me Site including the sole discretion to deactivate your account with us.
We may in our sole discretion use and employ the services of our affiliates and/or third-party processors or such other service providers in connection to the fulfillment of the delivery of the Good as purchased in our Souq-me Services without any notice to you.
All Goods listed on the Souq-me Site are on an “as is” and “as available” basis. Thus, pictures and/or images of the products are for and by reference only. In case of any variation, infringement claims or any other claims arising with such pictures or Seller’s content listing, you agree to indemnify us and hold us harmless for all such claims, damages arising from such claims. Any and all Sellers’ content and/or listing of any Goods are not endorsed or supported by us and is the sole responsibility of the respective Seller. We therefore disclaim any liabilities arising out of any such claims to this end.
At the same time, we disclaim any and/or all claims and/or liabilities arising any price revision of the Goods purchased online, irrespective whether you have earmarked or wish listed such Good.
Notwithstanding any other provisions of this Website Terms and Conditions and without prejudice to any of our rights and remedies, you indemnify , defend and hold us harmless for any and all loss (including to the extent that any loss is direct or indirect and/or relates to or includes any costs of investigation or professional fees or expenses) incurred or suffered (a) if the Goods ordered are found counterfeit or refurbished or not to be original; or (b) if you purchase Goods in the Souq-me Site in breach of any third-party agreements or proprietary rights; (c) on any loss of your personal information; or (d) any other type of fraudulent conducted is identified on your part.
Shipping and Delivery
We reserve our right to employ and use any of our authorized third-party courier service provider or logistics partner supported by us for the delivery and shipping of your Goods ordered on the Souq-me Site. All deliveries shall be made on a best effort basis and we will endeavor to deliver the Goods on the estimated dates of delivery as provided in the Souq-me Site.
We reserve our right to delay the delivery of the Goods in case of Force Majeure which includes without limitation the following: (a) bad weather; (b) shipping/transport delays; (c) political disruptions or any other unforeseen events. In case of delay in the delivery of the Goods, we may, at our sole discretion, notify you of such delay.
Notwithstanding the above clause, we shall not incur liability and be held responsible in case of failure or delay in the delivery of the Goods including any damage or loss caused to the delivery of the Goods.
We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any order of Goods. We also reserve our right to cancel any order that we may, at our sole discretion, determine to be “bulk orders”.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of souq-me.com or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of souq-me.com. souq-me.com and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
Suspension and Termination
Without prejudice to any of our rights and remedies as provided in this Website Terms and Conditions including laws, rules, regulations, including other terms, conditions or any policies as we may impose from time to time, we have the right to unliterally and immediately suspend, limit, withdraw, revoke or terminate your access to our Souq-me Site and/or Souq-me Services upon the occurrence of any of the following:
- breach of any provision of this Website Terms and Conditions in any manner whatsoever;
- breach of any laws, rules, regulations including other terms, conditions or any policies as we may impose from time to time for the use and access of the Souq-me Site and Souq-me Services;
- you fail to reasonably cooperate with our investigation;
- we reasonably believe that your continued provision of our Souq-me Services would expose you or us or our affiliates (including third-party providers) to a material security or regulatory action; or
- any other events as provided in this Website Terms and Conditions or any of our policies as we may amend from time to time.
You agree that we will not be liable for any claim or compensation directly or indirectly whatsoever to you or to any other person as a result of your suspension or termination of your access and use of the Souq-me Site.
THE SOUQ-ME SITE IS PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SOUQ-ME.COM SITE OR THE THIRD-PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SOUQ-ME.COM SITE OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD-PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE
Indemnity and Liability
To the fullest extent permitted by applicable law and notwithstanding any other provision of this Website Terms and Conditions, we including our authorized third-party providers (including our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable to you whether in contract, warranty, tort (including without limitation negligence, whether active , passive or imputed, product liability strict liability or other theory), or other cause of action at law, in equity by statute or otherwise, for:
a. loss of use, loss of profits, loss of revenues, loss of data, loss of goodwill, loss of business opportunities or failure to realize anticipated savings, in each case whether direct or indirect; or
b. any direct, indirect, incidental, special, consequential or exemplary damages, even if a party has been advised of the possibility of such damages.
In addition to the foregoing, you will defend, indemnify, and hold us harmless including our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, expenses, compensation, reimbursement, or damages (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:
- your inability to access and use the Souq-me Site and/or Souq-me Services, including as a result of any: (i) termination or suspension your use of or access to the Souq-me Site and/or Souq-me Services, (ii) our discontinuation of any or all of the Souq-me Services, any unanticipated or unscheduled downtime of all or a portion of the services for any reason, including as a result of power outages, system, server or connection failure, error omission, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros or other interruptions;
- breach of this Website Terms and Conditions including laws, rules, regulations, including other terms, conditions or any policies as we may amend and impose from time to time;
- involving alleged infringement or misappropriation of intellectual property rights of any third including the content of your listing defamatory, obscene, slanderous or violates any third-party rights (including privacy rights); or
- your use of or access to any other website or webpage linked to the Souq-me Site, even if we or our officers, agents, employees or other authorized third-party providers may have been advised of, or otherwise might have anticipated, the possibility of the same;
- your reliance on any data or information made available through the Souq-me Site and/or Souq-me Services. You should not act on such data or information without first independently verifying its contents; or
- any investments, expenditures, or commitments by you in connection with your use of or access to the Souq-me Site and/or Souq-me Services.
10.2 Notwithstanding the above, if we are found to be liable by competent court, then we and our affiliates, licensors and third-party providers’ aggregate liability will be limited to the lesser of: (a) an amount you actually pay us that gave rise to the claim during the 12 months’ preceding the claim or (b) AED 300.
10.3 Any risk of misunderstanding, error, damage, expense or losses arising from the use and access of the Souq-me Site and/or Souq-me Services is entirely at your own risk and we shall not be liable therefore.