Terms & Conditions
Terms & Conditions
Welcome to
www.Mushtryati.com (“Site”). The owner and operator of the Site is Light Star
Trading Est., registered in Kingdom of Saudi Arabia(“KSA”) under license number
1010236600, with its office located King Fahd road , Salhiya Computer Center,
Office 482 Riyadh, Saudi Arabia (“we”,
“our” or “us”).
These Terms of Use and
all policies and additional terms (if applicable) posted on the Site set out
the terms on which we offer you access to and use of our Site, services and
applications including our mobile application (collectively, the “Services”).
You can find all of our policies and additional terms here: www.Mushtryati.com
(“Legal Documents”). These Legal Documents are incorporated by reference into
these Terms of Use.
By accessing,
registering and/or continuing to use or access our Services, you are agreeing
to be bound by these Terms of Use and the Legal Documents with immediate
effect. These Terms of Use and the Legal Documents are subject to change by us
at any time. Your continued use of the Site following any such change
constitutes your agreement to these Terms of Use and Legal Documents as so
modified.
References in these
Terms of Use to “you” (or similar) are references to you as an individual or
legal entity as the case may be.
ABOUT OUR SITE
The Site is an
e-commerce platform that allows enterprise users to offer and sell products,
and individuals and enterprise entities to buy products.
We reserve the right
to introduce new Services and update or withdraw any of the Services, in our
sole discretion, and we will not be liable to you for exercising this
discretion.
1. ELIGIBILITY AND REGISTRATION
REQUIREMENTS
1. You are eligible to register as a
buyer or seller and benefit from the Services if you meet the following
eligibility criteria:
a. for buyers:
i. you are above the legal age for
purchasing products in your country of residence; and
ii. you are able to provide an address
in the Kingdom of Saudi Arabia (“KSA”)
for delivery of products.
b. for sellers:
.
you are a legal entity duly registered in your jurisdiction;
i. you have a current trade license;
ii. you provide proof of authorization
for the individual who will be registering and using the Site;
iii. you provide identification for the
authorized person;
iv. you can provide supporting bank
details; and
v. you acknowledge and agree that for
certain product categories, additional requirements might be applicable.
2. In order to register to the Site,
you will need to provide us with certain information. Your registration to the
Site may not be accepted if you do not provide us with the required
information. We reserve the right to decline any registration without further
explanation. We reserve the right to undertake such checks as are necessary to
verify your identity.
3. Once you have successfully completed
registration, your registration shall continue for an indefinite period,
subject to suspension or termination in accordance with clause 6 of these Terms
of Use.
2. YOUR OBLIGATIONS
1. When using or accessing the
Services, you agree that you:
.
are responsible for maintaining the confidentiality of, and restricting access
to and use of your account and password, and accept responsibility for all
activities that occur under your account and password;
a. agree to immediately notify us of
any unauthorized use of your password or account or any other breach of
security;
b. will provide true, accurate,
current and complete information about yourself and your use of the Services as
required by us;
c. will not disclose to any third party
(except as required or requested by us) a user’s information provided to you;
and
d. will cooperate with our requests
for additional information with respect to your eligibility and usage of our
Services.
2. When using or accessing the
Services, you agree that you will not:
. post,
list or upload content or items in inappropriate or prohibited categories or
areas on our Site, including:
.
content or items that may be considered culturally or religiously offensive in
any way;
i. content or items which may not be
considered to be in compliance with general local law, Islamic law, rules,
morals, values, ethics and traditions;
ii. content or items that may threaten
national security;
iii. content or items which may
constitute or be considered to promote gambling;
iv. securities, including shares, bonds,
debentures, or any other financial instruments or assets of any description;
v. living or dead creatures and/or the
whole or any part of any animal which has been kept or preserved by any means
whether artificial or natural;
vi. weapons of any description;
vii. liquor, tobacco products, drugs,
psychotropic substances, narcotics, intoxicants of any description and
medicines;
viii. items that to your knowledge are
defective, fake, damaged, false or misleading or that may through normal use
harm another Site user’s interest or health;
ix. non-transferable vouchers; and
x. chemicals.
a. post items you do not have a right
to link to or include;
b. post counterfeit or stolen items;
c. breach or circumvent any laws,
third party rights or our systems, policies or determinations of your account
status;
d. use our Services if you no longer
fulfil the eligibility criteria or are not able to form legally binding
contracts, or are temporarily or indefinitely suspended from using our
Services;
e. fail to pay for items purchased by
you, unless you have a valid reason as set out in any of our policies;
f. fail to deliver items sold by you
(if applicable), unless you have a valid reason as set out in any of our
policies;
g. use contact information provided to
you during the course of a transaction on the Site to solicit additional sales
offline or on another website;
h. manipulate the price of any item;
i. interfere with any other user’s
listings;
j. take any action that may undermine
the Site’s feedback and ratings systems;
k. post false, inaccurate, misleading,
deceptive, defamatory or similar content;
l. transfer your account to another
party without our prior written consent;
m. distribute or post spam, unsolicited
or bulk electronic communications or similar;
n. distribute viruses or any other
technologies that may harm our Services or the interests or property of other
users;
o. infringe:
.
the copyright, trademark, patent, publicity, moral, database, and/or other
intellectual property rights (collectively, "Intellectual Property
Rights" ) that belong to or are licensed to us; or
i. any Intellectual Property Rights
that belong to third parties;
p. harvest or otherwise collect
information about users without their consent; or
q. circumvent any technical measures
we use to provide the Services.
3. INTELLECTUAL PROPERTY RIGHTS
1. Except for the rights expressly
granted under these Terms of Use:
.
all content included on the Site, including but not limited to text, graphics,
logos, images, audio clips, digital downloads and software is our property or
the property of our licensors. We (or our licensors, as the case may be) retain
all right, title and interest in and to the Site and the Services, including,
without limitation, all Intellectual Property Rights therein; and
a. all rights, title and interest in
and to any information, materials or other content that you provide in
connection with your use of the Services, including all Intellectual Property
Rights therein, will become our property.
2. You agree that you have no right to
use any of our trademarks without our prior written consent.
3. All rights not expressly granted to
you in these Terms of Use are reserved and retained by us or our licensors.
4. WARRANTIES, REPRESENTATIONS &
UNDERTAKINGS
1. You warrant, represent and undertake
that:
.
you shall fully comply and will at all times continue to fully comply with all
applicable laws, statutes and regulations, including, without limitation, all
privacy laws and content regulation;
a. you have full power and authority
to enter into these Terms of Use and the execution and performance of your
obligations under these Terms of Use does not conflict with:
.
any laws, rules, regulations or governmental guidelines to which you are
subject to; or
i. any other agreements to which you
are a party to or to which you are otherwise bound by;
b. if you create or use an account on
behalf of a business entity, you represent that you are authorized to act on
behalf of such business and bind the business to these Terms of Use. Such
account is deemed to be owned and controlled by the business entity;
c. you own or have the authority to
grant the rights and licenses granted to us by you under these Terms of Use;
and
d. any content you submit as part of
your use of the Services and any products that you list do not violate the
rights of any third party anywhere in the world including, without limitation,
any Intellectual Property Rights (whether registered or not).
2. Subject to clause 5.1, the Services are provided to you on an “as
is” basis without representations, warranties or conditions of any kind. We
disclaim all warranties, conditions and representations of any kind, whether
express, implied or collateral, including, but not limited to, all conditions,
representations or warranties of merchantability, of fitness for a particular
or general purpose, of non-infringement, of compatibility or that the Services
are secure or error free or will operate without interruption or will be
provided in a timely or proper manner or at all.
3. Furthermore, whilst we attempt to be
as accurate as possible, we do not warrant that product descriptions or other
content of any Service is accurate, complete, reliable, current, or error-free.
Additionally, as a buyer, you agree that we are not responsible for examining
or warranting the listings or content provided by us or third parties through
the Services, and that you will not attempt to hold us liable for any
inaccuracies or defects in any of the listings. As a seller, it is your
responsibility to review the content of your listings for accuracy and you will
not attempt to hold our catalogue/content providers or us responsible for
inaccuracies.
5. LIABILITY & INDEMNITIES
1. Nothing in these Terms of Use shall
limit or exclude a party’s liability:
.
for fraud, including fraudulent misrepresentation, perpetrated by that party;
a. for death or personal injury caused
by the negligence of that party; or
b. for any other liability that cannot
be limited or excluded under applicable law.
2. Subject to clause 5.1, in no event will we, our parent company,
subsidiaries and affiliates, and our, and their directors, officers, agents,
employees, suppliers, subcontractors or licensors be liable, whether based on
an action or claim in contract, tort, negligence, breach of statutory duty or
otherwise arising out of or in relation to these Terms of Use for loss of
profits, loss of data or information, business interruption or other pecuniary
loss or for any special, indirect, incidental or consequential damages, even if
we, our affiliates, directors, officers, agents, employees, licensors,
subcontractors or suppliers have been advised of the possibility of such
damages.
3. In addition, to the extent permitted
by applicable law, we (including our parent company, subsidiaries and
affiliates and our, and their directors, officers, agents, employees,
suppliers, subcontractors or licensors) are not liable, and you agree not to
hold us responsible, for any damages or losses resulting directly or indirectly
from:
.
the content or other information you provide when using the Services;
a. your use of or your inability to
use our Services;
b. pricing, shipping, format or other
guidance provided by us;
c. delays or disruptions in our
Services;
d. viruses or other malicious software
obtained by accessing or linking to our Services;
e. bugs, errors or inaccuracies of any
kind in our Services;
f. damage to your hardware device from
the use of products sold on the Site or our Services;
g. the content, actions or inactions
of third parties using our Services;
h. a suspension or other action taken
by us with respect to your use of the Services;
i. the duration or manner in which
your listings appear in search results; or
j. your need to modify practices,
content or behavior or your loss of or inability to do business as a result of
changes to these Terms of Use.
4. Subject to clause 5.1, if clauses 5.2 or 5.3 are held to be unenforceable or
inapplicable for any reason, then the total liability applicable to us, our
parent company, subsidiaries and affiliates and our, and their directors,
officers, agents, employee, suppliers, subcontractors or licensors, to you,
whether based on an action or claim in contract, negligence or breach of
statutory duty or otherwise, arising out of or in relation to these Terms of
Use shall be limited to the lower of:
.
the price the item sold for on our Site and its original shipping costs; and
a. the amount of fees in dispute not
to exceed the total fees that you paid to us in the twelve (12) months prior to
the action giving rise to the liability; or
b. SAR 300.
5. You agree to indemnify and hold us,
our parent company, subsidiaries and affiliates and our, and their directors,
officers, agents, employee, suppliers, subcontractors or licensors harmless
from and against any losses, damages and expenses (including legal fees and
attorney’s fees) (“Claims”) arising out of or relating to:
.
any claims or demands made by any third party due to or arising out of your use
of the Services;
a. your violation of any of the
provisions of these Terms of Use, including, without limitation, any of the
warranties, representations and undertakings;
b. your violation of any applicable laws,
including, without limitation, data protection or anti-spam laws; or
c. the manner in which you use our
Services, including, without limitation, that the content you post, the items
you list or your trademarks infringe the Intellectual Property Rights of any
third party or that the content of your listings is slanderous, defamatory,
obscene or violates any other rights (including privacy rights) of any third
party (including other Site users).
6. SUSPENSION, TERMINATION &
CANCELLATION
1. Without prejudice to any of our
rights and remedies and without any liability to you, we may limit, suspend or
withdraw a user’s access to the Services, cancel any product(s) order and/or
remove hosted content submitted by you at our sole discretion. For the
avoidance of doubt, any amounts paid and received by us in relation to a
cancelled product(s) order will be refunded.
7. REPORTING VIOLATIONS OF THESE TERMS
OF USE
1. We are committed to ensuring that
listed items and content on our Site comply with these Terms of Use. If you
believe that a listed item or content breaches these Terms of Use, please
notify us on the details in clause 8.12 and we will investigate.
8. GENERAL
1. Governing Law. These Terms of Use
and any non-contractual rights or obligations arising out of or in connection
with it shall be governed by and construed in accordance with the laws of the
Saudi Arabia.
2. Dispute Resolution. If you have an
issue with our Services, please contact us. We will endeavor to resolve your
issue as soon as possible. Any disputes or Claims arising out of or in
connection with these Terms of Use, including any non-contractual rights or
obligations arising out of or in connection with these Terms of Use shall be
referred to and finally resolved by arbitration under the Arbitration Rules of
the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated
by reference into this clause. The number of arbitrators shall be one. The
seat, or legal place, of arbitration . The language to be used in the
arbitration shall be Arabic / English.
3. Third Party Rights. A person who is
not a party to these Terms of Use has no right to enforce any of its terms.
4. Relationship of the Parties. Nothing
contained in these Terms of Use will be deemed or construed by the parties or
any third party to create the relationship of partnership, joint venture or
agency between the parties, it being understood that the parties will at all
times remain independent parties contracting for Services.
5. Further Assurances. The parties will
do and execute or arrange for the doing and executing of each necessary act,
document and thing reasonably within its power to implement and give effect to
these Terms of Use to its full extent, including, without limitation, assisting
each other in complying with applicable law.
6. Assignment. These Terms of Use will
be binding upon and ensure to the benefit of the parties and their respective
successors and permitted assigns. You agree that you will not assign or
transfer these Terms of Use or any of your rights or obligations under these
Terms of Use, whether directly or indirectly, without first obtaining our prior
written consent, such consent not to be unreasonably withheld.
7. Entire Agreement. These Terms of Use
and the documents referred to or incorporated herein by reference contain the
entire agreement between the parties with respect to the subject matter and
supersede all prior agreements, negotiations and representations, written or
oral, relating to its subject matter. Except as provided in these Terms of Use
and the documents referred to or incorporated into these Terms of Use by
reference, there are no conditions, representations, warranties, undertakings
or agreements between the parties whether direct, indirect, collateral, express
or implied.
8. Amendment. These Terms of Use cannot
be modified, varied, amended or supplemented in any way by you. We reserve the
right to modify, vary, amend or supplement these Terms of Use at any time and
from time to time. We will post the current version of these Terms of Use on
the Site and each such change will be effective upon posting on the Site or
upon the date designated by us as the “effective date” (if any). Your continued
use of the Services following any such change constitutes your agreement to be
bound by and its acceptance of these Terms of Use as so modified.
9. Severability. If any provision of
these Terms of Use is determined by any court of competent jurisdiction to be
invalid, illegal or unenforceable, that provision will be severed from these
Terms of Use and the remaining provisions will continue in full force and
effect so long as the economic or legal substance of the transactions contemplated
hereby is not affected in any manner materially adverse to either of the
parties.
10. Force Majeure. Neither party will be
liable for any loss or damage or for any delay or failure in performance due to
acts beyond the control of such party whether or not such acts could reasonably
be anticipated (including acts of God, legislative, judicial or regulatory acts
of any provincial or the federal government, court or regulatory authority,
acts of any of our subcontractors or any third party providers of goods or
Services to us, labour disruptions, blackouts, embargoes).
11. No Waiver. Any waiver by us of any of
the provisions of these Terms of Use will not constitute a waiver of any other
provision (whether similar or not), nor will any such waiver constitute a
continuing waiver of that particular provision, unless expressly provided by us
in writing.
12. Communications. You may contact us
through email, social media or live chat on the Site, or by calling our call
center on XXXXXXXXXXXXX(UAE) or XXXXXXXXX (KSA).
13. Survival. All provisions that either
expressly or by their nature survive, will survive suspension or termination of
your membership of the Site.
