Your Conditions of Use & Sale

Please read these conditions of use & sale carefully before using Qonooz Services. By using Qonooz Services, you signify your agreement to be bound by these conditions. We offer a wide range of Qonooz Services, and sometimes additional terms may apply. When you use a Qonooz Service (for example Your Profile, Gift Cards or Qonooz applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Qonooz Service (Service Terms). If these Conditions of Use & sale are inconsistent with the Service Terms, those Service Terms will control.

ELECTRONIC COMMUNICATIONS

When you use any Qonooz Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the Website or through the other Qonooz Services, such as our Message Center. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

RECOMMENDATIONS AND PERSONALIZATION

As part of the Qonooz Services, we will recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience.

COPYRIGHT, AUTHORS RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Qonooz Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Qonooz or its content suppliers and is protected by local and international copyright, authors rights and database right laws. The compilation of all content included in or made available through any Qonooz Service is the exclusive property of Qonooz and is protected by local and international copyright and database right laws.
You may not extract and/or re-utilize parts of the content of any Qonooz Service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any Qonooz Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Qonooz Service (e.g. our prices and product listings) without our express written consent.

TRADEMARKS

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Qonooz Service are trademarks or trade dress of Qonooz. Qonooz trademarks and trade dress may not be used in connection with any product or service that is not Qonooz, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Qonooz. All other trademarks not owned by Qonooz that appear in any Qonooz Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Qonooz.

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Qonooz or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Qonooz Services. This license does not include any resale or commercial use of any Qonooz Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Qonooz Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Qonooz or its licensors, suppliers, publishers, rights holders, or other content providers. No Qonooz Service, nor any part of any Qonooz Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Qonooz without our express written consent. You may not use any meta tags or any other hidden text utilizing Qonooz names or trademarks without our express written consent.

You may not misuse the Qonooz Services. You may use the Qonooz Services only as permitted by law. The licenses granted by Qonooz terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Qonooz account to use certain Qonooz Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

If you use any Qonooz Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

You must not use any Qonooz Service: (i) in any way that causes, or is likely to cause, any Qonooz Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

INTELLECTUAL PROPERTY CLAIMS

Qonooz respects the intellectual property of others.

QONOOZ SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Qonooz Services (the Qonooz Software).

SANCTIONS AND EXPORT POLICY

You may not use any Qonooz Service if you are the subject of U.A.E sanctions or of sanctions consistent with U.A.E law imposed by the governments of the country where you are using Qonooz Services. You must comply with all U.A.E or other export and re-export restrictions that may apply to goods, software (including Qonooz Software), technology, and services. Nothing in these Conditions of Use shall, or shall be interpreted or construed to, induce or require Qonooz or you to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable U.A.E laws, regulations, rules, or requirements.

OTHER BUSINESS

Parties other than Qonooz operate stores, provide services, or sell product lines on this Website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Qonooz does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. When a third party is involved in your transactions, we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

QONOOZ ROLE

Qonooz allows third party sellers to list and sell their products at Qonooz.com. In each such case this is indicated on the respective product detail page. While Qonooz helps facilitate transactions that are carried out on the Qonooz marketplace, Qonooz is neither the buyer nor the seller of the vendor’s items. Qonooz provides a venue for vendors and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and vendor. Qonooz is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the vendor’s agent. The vendor is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and vendor. Because Qonooz wants the buyer to have a safer buying experience, Qonooz provides the Qonooz O’s guarantee in addition to any contractual or other rights.

OUR LIABILITY

We will do our utmost to ensure that availability of the Qonooz Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Qonooz Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Qonooz will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Qonooz Services. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

CHILDREN

We do not sell products for purchase by children. We sell children products for purchase by adults. If you are under 21 you may use the Qonooz Services only with the involvement of a parent or guardian.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your rights are being infringed, you may contact us at [email protected]. We respond expeditiously to rights owners and their agents. Upon receipt of your email we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting such claims, you grant to Qonooz the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the it to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Qonooz for all claims brought by a third party against Qonooz arising out of or in connection with the submission of such claims.

Note on Third Party Vendor Listings: Please keep in mind that Third Party Vendor listings are merely hosted on Qonooz.com and are posted solely at the direction of Third Party Vendors who may be contacted via their Vendor Information page, accessible from any of their listings.

ADDITIONAL QONOOZ SOFTWARE TERMS

1. Use of the Qonooz Software.

You may use Qonooz Software solely for purposes of enabling you to use and enjoy the Qonooz Services as provided by Qonooz, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Qonooz Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Qonooz Software or otherwise assign any rights to the Qonooz Software in whole or in part. You may not use the Qonooz Software for any illegal purpose. We may cease providing any Qonooz Software and we may terminate your right to use any Qonooz Software at any time. Your rights to use the Qonooz Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Qonooz Software that are specifically identified in related documentation may apply to that Qonooz Software (or software incorporated with the Qonooz Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Qonooz Service is the property of Qonooz or its software suppliers and protected by local and international copyright laws.

2. Use of Third Party Services.

When you use the Qonooz Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering.

Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Qonooz Software, whether in whole or in part, or create any derivative works from or of the Qonooz Software.

4. Updates.

In order to keep the Qonooz Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

OUR CONTRACT

Your order is an offer to Qonooz to buy the product(s) in your order. When you place an order to purchase a product from Qonooz, we will send you an e-mail confirming receipt of your order and containing the details of your order (the Order Receipt Confirmation E-mail). The Order Receipt Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we ship the product to you and send e-mail confirmation to you that we’ve shipped the product to you (the Shipping Confirmation E-mail). If your order is shipped in more than one package, you may receive a separate Shipping Confirmation E-mail for each package, and each Shipping Confirmation E-mail and corresponding shipment will conclude a separate contract of sale between us for the product(s) specified in that Shipping Confirmation E-mail. Your contract is with Qonooz.com. Both you and Qonooz can cancel your order for a product at no cost any time before we send the Shipping Confirmation E-mail relating to that product. Your right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.

You consent to receive sales invoices electronically. For each delivery, we will inform you in our Shipping Confirmation E-mail if an electronic invoice is available.

Qonooz focuses on business development for end users, and prohibits sales by resellers. Sales by resellers refer to behavior of customers who resell to their direct customers of products purchased from Qonooz. If Qonooz finds out that you resell products purchased from Qonooz, we reserve the right not to allow product purchase by your account and may permanently close your account.

RETURNS, REFUNDS AND TITLE

Qonooz does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Qonooz does not take title to the refunded item.

WARRANTY

Qonooz provides up to twelve (12)- month warranty on eligible products purchased in the United Arab Emirates (the “UAE”). At Qonooz’s discretion, this warranty obligation is limited to repair of defective product or replacement of the defective part, or replacement or refund according to the price of the product at the time of repair or replacement. For selected products and in instances where the transaction takes place in the UAE and Qonooz is the seller of record, warranty repairs will be carried out by authorized service centers designated by Qonooz.

PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT. We list availability information for products sold by us on the Website including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and will refund you if you are charged for those products.

Please note that unless otherwise stated on the Website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

PRODUCT INFORMATION

Unless expressly indicated otherwise, Qonooz is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and different information to that displayed on our Website. Ingredients may also change. All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Qonooz accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties.

OUR LIABILITY

Qonooz and its Affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you
was formed. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are shipped, you may cancel your order at any time prior to shipping.

AMENDMENTS TO THESE TERMS & CONDITIONS

We reserve the right to make changes to our Website, policies, and terms and conditions, at any time. You will be subject to the terms and conditions & policies in force at the time that you order products from us, unless any change to those terms and conditions or policies is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these terms & conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Seller Policies & Code of Conduct

We provide Services for you as a Vendor to enable you to offer your products to buyers registered on the Site. Depending on the business model, our Services, provided by us or by affiliated companies or other third parties, may include, (a) warehousing, order management and fulfilment (e.g. communication with a buyer on his/her purchase, obtaining payment from a buyer and organizing delivery); (b) shipping the product from your warehouse/premises to the buyer; (c) cash collection and processing of payments; and (d) call centre and customer support.

We reserve the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require you not to list, any or all products in our sole discretion. We may, in our sole discretion, withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your sale transactions if we consider it necessary for legal purposes or to ensure compliance with these Vendor Terms.

Business Models

The business models available to you are detailed in the service annex that forms part of these Vendor Terms. Each product type must be accurately detailed against the correct business model. In instances where the product is stocked by you and delivered to the buyer by us, you must process the order within the time period pre-defined on your account. We reserve the right, in accordance with the seller performance program, to suspend or block your account for, (a) your delivery delays against agreed timeline; b) a high level of returns; c) negative reviews from buyers; and/or (d) cancellation of a confirmed order by a buyer. Furthermore, we reserve the right to hold the products and transfer the ownership of goods to us, if you fail to pay the dues within thirty (30) days from the agreed timeline.

Your Obligations

You are obligated to read the Legal Documents and in particular, take note of the account eligibility and information requirements for opening a seller account and your responsibilities when using the Site, including with respect to prohibited products under the Terms of Use.

In addition to your obligations set out in the Legal Documents, and unless otherwise agreed by us, you agree to:

(a) deliver products in accordance with the packaging requirements and other instructions we notify you of in writing in advance;

(b) package and transport products safely and in such a manner that minimizes the risk of damage to the product;

(c) obtain all necessary documentation, permits and consents to deliver the product;

(d) arrange pick-up of products that are the subject of a return, replacement or exchange request or are otherwise rejected by us at the quality check stage;

(e) offer a twelve (12) month warranty for certain purchased products against defects that occur after purchase. The warranties are applicable in cases where there are defects in material, design and workmanship. Your obligations are limited to repair of defective product or replacement of the defective part or at our discretion, replacement or refund according to market price of the product itself.

(f) remain responsible for after-sales services, guarantees and maintenances and defects;

(g) comply with our instructions regarding your products or use of our Services, including with respect to removing listings of products that violate a third party’s intellectual property rights, arranging delivery to our warehouse or pick-up of returns or similar matters;

(h) send to us your value added tax (“VAT”) registration details and any additional information requested by us. All registration details or requested information provided to us must be accurate and correct; 

(i) update your pricing to take into account VAT. Any products which are shipped to the buyer on or after January 1st, 2018 will be subject to VAT, even if the product was ordered or requested from you before January 1st, 2018; and

(j) you shall be liable to pay all related taxes to the Federal Tax Authority.

You acknowledge that we are focused on ensuring an enjoyable user experience on the Site and that we have agreed to perform certain Services for buyers with respect to delivery, returns, replacements, exchanges and warranty of products under the Terms of Sale to enhance the user experience. You agree to provide all assistance necessary to enable us to fulfil our obligations to the buyers under the Terms of Sale and you further agree to, (a) accept a returned product where a buyer has a right to return a product under the Terms of Sale; (b) replace or exchange a product that a buyer returns under our Terms of Sale and ensure that replacement or exchange is within a reasonable time period to enable us to meet our obligations under the Terms of Sale; and (c) do all things necessary to issue a refund to a buyer to ensure that we fulfil our refund obligations under our Terms of Sale.

You accept that products returned due to cancellation by a customer, or a quality check failure will be returned to you within seven (7) working days; and products marked as non-deliverable, and customer initiated returns will be returned to you within twenty-one (21) working days, or as mutually agreed between the parties. Under no circumstances will you have the right to reject the returned products, however, you may raise a dispute within seven (7) days of receiving the returned products.

You accept that you may be charged an amount up to 100% of the price of a product, where you refuse to accept and fulfill an order for the following reasons, including but not limited to:

(a) the product is out of stock on your side, despite being listed with stock on your seller account; or was listed and live on the Site but is out of stock; and

(b) you submitted a wrong product price on your account.

Furthermore, you agree that:

(a) at our sole discretion, we may, for operational or any other reason, choose to purchase the product from you and resell to the buyer; and, in such case, your obligations under this section, including without limitation, warranty, returns policy, and payment terms, will remain applicable to the buyer who first made the order on the Site as if the sale was directly to that buyer.

(b) we have the right to reject a product upon receipt from you if, (i) it is damaged; (ii) it does not meet our packaging, quality or other requirements; (iii) it does not contain the necessary documentation; or (iv) it does not comply with these Seller Terms or any applicable laws;

(c) in circumstances where we stock your product, we have the right to dispose of or otherwise do as we please with your product if you do not arrange to pick-up in the case of rejection by us or return by a customer within fifteen (15) days from the date we notify you of the rejection or return;

(d) you retain all title to products until delivered and paid for by a buyer, and at no point during the provision of our Services will we have title to the products (except in circumstances where Qonooz pays the full cost of the products through a penalty, ownership of the product shall transfer fully to Qonooz);

(e) in order to facilitate transactions between you and the buyer, we will raise invoices and credit notes on your behalf, based on the VAT registration details you provide. (h). Such invoices and credit notes shall be provided to you in electronic format; and

(f) unless otherwise agreed between the parties, the primary invoicing relationship is between you and the buyer, therefore, you will not issue any invoices to us for the products. Only a packing list or delivery slip can be issued to us.

Fees and Payments

The fees applicable for using our Services depend on the business model selected.

We or our affiliated business or third parties engaged to provide the Services may charge you for: (a) listing products; (b) a percentage of a sales transaction; (c) using our delivery, warehousing and logistics services; (d) payment processing fees, chargeback or related fees; (e) customs or other taxes we may incur in providing you the Services; (f) costs we may incur if you breach any of these clauses and (g) other fees that will be notified to you in advance.

You can verify sales reports through your account and the report will include the amount successfully collected for your products minus applicable fees.

Sales will be paid to your bank account within 14 working days of the withdrawal request. Sales can be credited only to bank accounts in the UAE or any other country shown on the Site as supported by our standard functionality and enabled for your account. We shall not be liable for any incorrect bank account details provided by you, and the consequences thereof.

To authorize payments to you, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.

You agree that we may choose to offer discounts against your products. In such instance, we will include a discount in the invoice raised from you to the buyer and will pay for this discount by adjusting our commission.

If you have provided your VAT registration details, we will issue the invoice to the buyer on your behalf and remit to you the full amount collected from the buyer less any of our commissions.

If you have failed to provide your VAT registration details, we may purchase the product from you and resell the product to the buyer. You agree that we will deduct five percent (5%) from the payment remitted to you, unless a VAT invoice from you can be provided.

Not withstanding these Vendor Terms and without prejudice to our other rights and remedies, you acknowledge our right to:

(a) withhold all and any amounts owing to you to recover from such amounts all losses or damages suffered by us or a buyer, as solely determined by us, including with respect to: (i) products that infringe a third party’s intellectual property rights; or (ii) your fraudulent conduct.

(b) upon suspension or termination of your account or your use of the Services, set off against any payments to be made to you, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with your sale transactions for a three (3) month period. At the end of such three (3) month period following suspension or termination, we will disburse you any amount not used to offset chargebacks, refunds, adjustments or such other amounts paid to buyers or seek reimbursement from you via any of the following for any additional amount required to offset chargebacks, refunds, adjustments or other amounts paid to buyers, as applicable: (i) by deducting from future payments owed to you; (ii) reversing any credits to your account; (iii) charging your credit card; or (iv) seeking such reimbursement from you by any other lawful means. You further authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or bank account.

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) arising out of or relating to any claims or demands made by any third-party due to or arising out of: a) your breach of these terms & conditions b) your violation of any applicable laws or regulations.

Intellectual Property

You hereby grant us a non-exclusive, royalty-free, sub-licensable, transferrable, assignable, perpetual and worldwide licence to use your trademarks and other intellectual property you may provide to us in order for us to provide the Services to our end users. Furthermore, you shall not use, or permit to be used, Qonooz’s name, trademarks or logos in any advertisements, promotional literature or information without the prior written consent of Qonooz. Where such consent is provided, the use of Qonooz’s name, trademarks and logos shall be strictly in accordance with the permission and direction provided by Qonooz.

Warranties, Representations and Undertakings

You warrant, represent and undertake that:

(a) you have full power and authority to enter into these Vendor Terms and you shall, at all times, fully comply with all applicable laws, statutes and regulations, including, without limitation: (i) anti-bribery, anti-corruption, export control and sanctions laws; (ii) consumer protection laws; (iii) import regulations, including with respect to type approvals; and (iv) customs duties and other applicable taxes;

(b) you have all the necessary licences, permissions, authorisations, proprietary rights, consents and permits in the products you list or which are listed on your behalf and to sell and promote these products in the UAE;

(c) your listed products conform to the required quality and safety standards in the UAE;

(d) all products new (and not refurbished or used) are free from any defects;

(e) you are solely responsible for any liability arising from the purchase and use of your listed products by Site users or other third parties;

(f) you own or have the authority to grant the licenses granted to us by you under these Vendor Terms and 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); and

(g) the product dimensions displayed by you on the Site are correct and accurate. If the dimensions are not correct, you will be liable for any additional shipping costs that might be incurred.

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.

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, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.

Anti-Counterfeiting

The listing or sale of counterfeit products on the Site is prohibited. Every product sold on the Site must be original and authentic. Counterfeit products which are prohibited include fakes, bootlegs or pirated copies of products or content, and products which have been illegally replicated, reproduced or manufactured;

It is solely your responsibility to ensure all of the products that are made available for sale on the Site are original and authentic, and do not infringe another party’s intellectual property rights;

We reserve the right to verify and determine whether the products sold on the Site are original and authentic. In the event we, at our sole discretion, determine a product is counterfeit or not 100% genuine:

• you shall be liable to pay a minimum sum of twenty thousand dirhams in compensation to us, in addition to any fine or levy imposed by any governmental authority or agency;
• all payment pending by us to you will be withheld until such counterfeit issue is resolved; and
• we may impose a financial penalty on you, to be determined at our sole discretion, for direct and indirect losses incurred as a result of the counterfeit product being sold on the Site, including for loss of reputation.

Further, where you do not pay the entirety of the compensation and/or penalty imposed, we shall impose a time-based conditional ban.

Not withstanding the above, we reserve the right to take appropriate legal actions against you and report such counterfeit products to law enforcement authorities.

Liability

Nothing in these Vendor Terms shall limit or exclude a party’s liability: (a) for fraud, including fraudulent misrepresentation, perpetrated by that party; (b) for death or personal injury caused by the negligence of that party; or (c) for any other liability that cannot be limited or excluded under applicable law.

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 Vendor Terms 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.

In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, 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:

(a) the content or other information you provide when using the Services;

(b) your use of or your inability to use our Services and/or delays or disruptions in our Services;

(c) pricing, shipping, format or other guidance and information provided by us or used for product listings;

(d) any defects or damage to a product that occurred prior to our acknowledged receipt of your product;

(e) bugs, errors or inaccuracies of any kind in our Services, viruses or other malicious software obtained by accessing or linking to our Services;

(f) damage to your hardware device from the use of our Site;

(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 Seller Terms.

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, (including reasonable legal fees), 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 Vendor Terms shall be limited to the lower of, (a) the price the product sold for on our Site and its original shipping costs;  (b) 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 (c) three hundred Dirhams (AED 300).

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:

(a) our rejection of your product delivered to us by you under these Vendor Terms;

(b) any claims or demands made by any third party (including buyers using our Site) due to or arising out of your use of the Services;

(c) your violation of any of provisions of these Vendor Terms, including, without limitation, any of the warranties, representations and undertakings;

(d) your violation of any applicable laws, including, without limitation, data protection or anti-spam laws as well as any anti-bribery, anti-corruption, export control and sanctions laws;

(e) your listed products, including with respect to defects in the products, losses suffered by third parties arising from the use of your products; or

(f) the manner in which you use our Services, including, without limitation, that the content you post, the products you list or 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).

Suspension and Termination of Account

Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw your access to the Services and/or remove hosted content submitted by you or on your behalf if we consider, at our sole discretion that: (a) you have breached these Vendor Terms in any manner whatsoever; (b) we reject a product delivered to us by you under these Vendor Terms; (c) you are not reasonably cooperating with an investigation by us or any law enforcement or regulatory agency; (d) you have failed to meet the agreed performance indicators; or (e) our continued provision of Services to you would expose us or other Site users to regulatory action or other material risk. Upon termination of your account, your vendor account registration shall cease to exist

Termination of these Vendor Terms (howsoever occasioned) shall not: (a) affect any accrued rights or liabilities of either party; (b) affect any provision of these Vendor Terms that is expressly or by implication intended to continue on or after termination; or (c) require a court order.

Confidentiality

For the purposes of these Vendor Terms, “Confidential Information” means our (or a Site user’s) non-public, confidential, secret or proprietary material and information that has been or may be, directly or indirectly, disclosed to you or which you come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into these Seller Terms.

You will maintain the confidentiality of all Confidential Information we may provide you or which you receive as a result of your use of the Services and will not release, disclose, use, make available or copy any such Confidential Information without our prior written consent. You may disclose Confidential Information to employees, agents or subcontractors on a need-to-know basis only. Excluded from this obligation of confidentiality is Confidential Information which: (a) is known or becomes known to you directly or indirectly from a third party source not having an obligation of confidentiality to us; (b) becomes publicly known or otherwise ceases to be secret, proprietary or confidential, except through your breach of these Vendor Terms; (c) is independently developed by you; or (d) is required to be disclosed by a government authority or by law, provided that you give us reasonable prior written notice sufficient to permit us to contest such disclosure.