ASWAQ.SE Legal Information &
Notices
1- Introduction
Welcome to ASWAQ.SE.
These are the terms and conditions governing your access to and use of the
website ASWAQ.SE and its related sub-domains, sites, services and tools (the
"Site").
By accepting these terms and conditions
(including the linked information herein), and by using the Site, you represent
that you agree to comply with these terms and conditions with ASWAQ.SE
("we", "us" or " ASWAQ.SE ") in relation to your
use of the Site (the "User Agreement"). This User Agreement is
effective upon acceptance.
·
ASWAQ.SE
wishes to ensure that its members are able to form legally binding contracts
and further that minors do not purchase unsuitable content. Therefore,
membership of the Site is not available to persons under the age of 18 years.
·
You
represent that you are 18 years of age or over the age of 18 years before you
become a member of the Site.
·
Without
prejudice to any other rights and remedies of ASWAQ.SE under this User
Agreement or at the law, ASWAQ.SE reserves the right to limit or withdraw
access to the Site or the membership of any person if ASWAQ.SE believes that
person is under the age of 18 years.
·
No person
or business entity may register as a member of the Site more than once.
·
The Site
is not available to persons whose membership has been suspended or withdrawn by
ASWAQ.SE.
·
Further,
if you are registering as a business entity, you represent that you have the
authority to bind that entity to this User Agreement and that you and the
business entity will comply with all applicable laws relating to online
trading.
When you register as
a member of the Site, you have been or will be required to provide certain
information and register a username and password for use on this Site. On
becoming a member of the Site, you agree:
·
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. You agree to immediately
notify ASWAQ.SE of any unauthorized use of your password or account or any
other breach of security.
·
In no
event will ASWAQ.SE be liable for any direct, indirect or consequential loss or
loss of profits, goodwill or damage whatsoever resulting from the disclosure of
your username and/or password. You may not use another person's account at any
time.
·
You agree
to reimburse ASWAQ.SE for any improper, unauthorized or illegal use of your
account by you or by any person obtaining access to the Site, services or
otherwise by using your designated username and password, whether or not you authorized
such access.
·
You will
provide true, accurate, current and complete information about yourself as
prompted by ASWAQ.SE registration form (the "Registration Data").
·
You will
not include any of your contact details, including but not limited to email
addresses, telephone numbers or other personal details; or the word "Aswaq"
in your registration user ID.
·
Your
store name shall not include the word "ASWAQ".
·
You will
treat any other member's information provided to you (in accordance with these
terms of use and the information on the Site) by ASWAQ.SE or any other user as
confidential.
·
You will
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete or if ASWAQ.SE has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with this User Agreement, without prejudice to any other
rights and remedies of ASWAQ.SE under this User Agreement or at law, ASWAQ.SE has
the right to indefinitely suspend, limit or withdraw your access to the Site
and/or your membership of the Site.
·
ASWAQ.SE may
(in its sole discretion and at any time), make any inquiries it considers
necessary (whether directly or through a third party), and request that you
provide it with further information or documentation, including without
limitation to verify your identity and/or ownership of your financial
instruments.
·
Without
limiting the foregoing, if you are a business entity or registered on behalf of
a business entity such information or documentation may include your trade
license, other incorporation documents and/or documentation showing any
person's authority to act on your behalf.
·
You agree
to provide any information and/or documentation to ASWAQ.SE upon such requests.
You acknowledge and agree that if you do not, ASWAQ.SE without liability may
limit, suspend or withdraw your access to the Site and/or your membership of
the Site.
·
We also
reserve the right to cancel unconfirmed / unverified accounts or accounts that
have been inactive for a long time.
·
You agree
that we may communicate with you by email or by posting notices on the Site.
·
You agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. ASWAQ.SE requires your agreement during the
registration process to send you promotional emails to let you know about any
new changes, features or promotional activities added to the Site.
·
If, at
any time, you decide that you do not wish to receive promotional emails, you
can opt out of receiving such promotional emails.
·
You
acknowledge and agree that Aswaq shall endeavor to give you notice for any
amendment to this User Agreement that materially increases your obligations or
decreases your rights under the User Agreement ("Substantial Amendment")
in accordance with the terms of this User Agreement.
·
You
acknowledge and agree that Aswaq at its sole discretion and without liability
may make amendments that are not Substantial Amendments without your further
specific agreement at any time with immediate effect by posting a notice of the
amendment on the Site.
1-ASWAQ.SE is neither an auction house nor a bank, and does not offer
auction or banking services. The Site is an online platform allowing for the
sale and purchase of items between end-user sellers and buyers.
2-Not all kind of membership on the Site are free. ASWAQ.SE does not
charge any fee for browsing, bidding and buying listed items on the Site. ASWAQ.SE
charges Services fees and advertisements to all sellers.
3-Before you list an item for sale through the Site, we request you
to review the fees that you will be charged based on our Fees & Credit Policy
that we may amend from time to time with immediate effect by posting the
changes on the Site.
4-ASWAQ.SE may choose to temporarily change the fees for our services
for promotional events or new services, and such temporary changes are
effective in accordance with their terms when we post them on the Site.
5-Unless otherwise stated, all fees shall be quoted in your country's
currency. You must pay all fees payable to ASWAQ.SE (and any applicable taxes
or charges) with a valid payment method as set out in our Fees & Credit Policy.
6-In case of non-payment of fees and/or any applicable taxes and
charges by you to ASWAQ.SE, without prejudice to any other rights and remedies
of ASWAQ.SE under this User Agreement or at law, ASWAQ.SE without liability
reserves the right to:
·
Issue you
with a notification regarding the non-payment in question.
·
Temporarily
or indefinitely suspend, limit or withdraw your access to the Site and/or your
membership, if you fail to make the outstanding payment within 7 calendar days
of ASWAQ.SE issuing a notification to you.
·
ASWAQ.SE
also reserves the right to take any necessary steps including legal action in
case of non-payment of fees by you to ASWAQ.SE
·
Invoice
you for a fixed late payment fee (as set out in our Fees and Credit Policy from
time to time). Or
·
Take any
steps ASWAQ.SE considers necessary including without limitation legal action
for recovery of the outstanding fees and/or any applicable taxes and charges.
·
Aswaq is
not responsible for any non-performance, breach or any other claim relating to
or arising out of any contract entered into between any buyers and sellers, nor
does ASWAQ.SE have any fiduciary duty to any user. You acknowledge and agree
that ASWAQ.SE will hold your funds at your own risk.
·
You grant
Aswaq a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to use any information or
material, personal or otherwise, that you provide to us or other users of the
Site and/or post on the Site in the registration, bidding, buying, listing or
selling process, in the feedback area or through any e-mail or by way of any
other feature or use of the Site (the "Information") for the purposes
of operating and promoting the Site in accordance with this User Agreement and
the Privacy Policy .
·
You are
solely responsible for the Information, and we act as a passive conduit for
your online distribution and publication of the Information.
While using the
Site, you will not:
·
Post Information
or content or list items in an inappropriate category or areas on our Site;
·
Post items
you do not have a right to link to or include;
·
Post Information
that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous,
defamatory, slanderous, unlawfully threatening or would be reasonably
considered to constitute harassment;
·
Post comments,
questions or answers that are not factual in nature including without
limitation make any racist comments, use profanity, abuse another user,
disrespect another's culture or make any other derogatory or inappropriate
comments;
·
Post counterfeit
or stolen items;
·
Post Information
or items that infringe any third party's intellectual property rights, other
proprietary rights or right to privacy;
·
Post obscene
Information or content, including but not limited to pornography or any
representation which may (in our sole discretion) be considered indecent;
·
Post Information
or content which may (in our sole discretion) constitute offensive or critical
political content or content that is contrary to the public interest;
·
Post any
Information or content or list items that may (in our sole discretion) be
considered culturally or religiously offensive in any way;
·
Post any
Information or content or list items which (in our sole discretion) may not be
considered to be in compliance with general Islamic Shariah law, rules, morals,
values, ethics and traditions;
·
Post Information
or content or list items that may (in our sole discretion) threaten national
security;
·
Post Information
or content or list items that may (in our sole discretion) constitute or be
considered to promote gambling;
·
Use "keyword
spamming" in listing items for sale (when you place brand names or other
inappropriate keywords in a title or description for the purpose of gaining
attention or diverting members to a listing);
·
Create liability
for us or cause us to lose (in whole or in part) the services of our service
providers or other suppliers;
·
Take any
action that imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our infrastructure;
·
Interfere
or attempt to interfere with the proper working of the Site;
·
Attempt to
take over another user's account or carry out any hacking or phishing of the
Site or user accounts and related features;
·
Export or
re-export any Site tools except in compliance with the export control laws of
any relevant jurisdictions;
·
Copy,
modify, or distribute any content from the Site or otherwise infringe the
Site's copyright material and/or trademarks in any way;
·
Violate any
laws, rules, regulations, guidelines, third party rights or our policies;
·
Abuse ASWAQ.SE's
Shipping Policy, Listing Policy, or any of ASWAQ.SE's other policies or terms
and conditions posted on the Site from time to time;
·
Directly or
indirectly, offer, attempt to offer, trade in, attempt to trade in, or include
descriptions or links to any of the following items:
1. Products legally banned from the state in
which you offer the product.
2. Weapons of any description.
3. Liquor, tobacco products, drugs,
psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative
substances.
4. Religious items, including books,
artifacts, etc. Of any description or any other such item which is likely to
affect the religious sentiments of any person.
5. Antiquities and art treasures as defined
in applicable laws pertaining to antiquities and national treasures.
6. Used cellular phone SIM Cards, except if
the transaction is in accordance with the local operators' rules pertaining to
transfer of ownership of the same.
7. 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.
8. Non-transferable vouchers; and chemicals.
·
Fail to
deliver payment for items purchased by you, unless the seller has materially
changed the item's description or related matters after you bid, a clear
typographical error is made, or you cannot authenticate the seller's identity;
·
Fail to
deliver items purchased from you, unless the buyer fails to meet the posted
terms, or you cannot authenticate the buyer's identity;
·
Attempt to
conclude transactions relating to an auction or offer for sale on the Site
(including by cancelling an auction or offer of sale) outside of the Site;
·
Use contacts
made by buying or selling on the Site to solicit (including by email or
otherwise) sales on other items directly and/or from another website;
·
Claim an
item was not sold when in ASWAQ.SE's sole discretion the item was sold in
accordance with this User Agreement and the Site's policies;
·
In case
of purchase of/placing a successful bid for an artwork which is marked as
"non-exportable" on the Site you agree that the artwork shall not be
exported out of the listed country by the seller or otherwise dealt in any such
manner which shall be in contravention of any applicable laws and regulations
for the time being in force;
·
Manipulate
or attempt to manipulate the Site in any way including the prices of any item
or services on the Site (either alone or in conjunction with other users);
·
Circumvent
or manipulate our fee structure, the billing process, or fees owed to ASWAQ.SE;
·
Take any
action that may undermine the Site's feedback and ratings systems (including
but not limited to the display, import or export of feedback information off
the Site or use of such information for purposes unrelated to ASWAQ.SE);
·
Transfer your
Site account (including feedback) and username to another party without our written
consent;
·
Distribute
or post spam, unsolicited or bulk electronic communications, chain letters, or
pyramid schemes;
·
Distribute
viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other
computer programming technologies that may harm the Site, or the interests or
property of the Site's users, and
whoever do this, take the responsibility of the physical and moral
compensation, without any liability to Aswaq.
·
You are
18 years of age or over the age of 18 years;
·
If you
are a corporate representative, you have authority to bind the corporate
entity;
·
You or
the organization you represent are the sole and exclusive legal and beneficial
owner of all items of any description that you wish to offer for sale on the
site and you have complete right, title and authority to deal in and offer for
sale such items;
·
You shall
comply with all applicable domestic and international laws and regulations
regarding and relating to your use of the site;
·
Information
you provide on the site in respect of items you wish to sell shall be as
accurate as reasonably possible;
·
You will
not disclose your contact details including but not limited to phone numbers,
addresses, or email addresses in the bidding, buying or listing processes, or
anywhere on the site including the feedback area, discussion forum or through
any e-mail feature of the site intended to bypass use of Aswaq;
·
You will
not use contact information provided to you during the course of a transaction
on the site to solicit additional sales offline or on another website;
·
You will
not harvest or otherwise collect information about users, including but not
limited to email addresses and other contact information; and
·
You will
not disclose or publicize any personal information about users or otherwise
access or use information about other users in a manner that (in our sole
discretion) may constitute a breach of privacy and/or applicable laws.
All content included
in the Site, including but not limited to text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations and software, is the
property and copyright work of either Aswaq, its users, its content suppliers
or its licensors and is protected by copyright, trademarks, patents or other
intellectual property rights and laws. The compilation of the content on the
Site is the exclusive property and copyright of Aswaq and is protected by
copyright, trademarks, patents or other intellectual property rights and laws.
·
“ASWAQ.SE"
and related logos, and other words and logos on the Site are either
unregistered trademarks or registered trademarks of Aswaq and are protected by
international trademark and other intellectual property rights and laws.
·
Aswaq
trademarks may not be used in connection with any product or service that is
not Aswaq nor in any manner that disparages or discredits Aswaq.
·
All other
trademarks not owned by Aswaq that appear on the Site are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by Aswaq.
1. Please report problems of any kind or
violations of this User Agreement to Aswaq.
2. If you believe that your intellectual
property rights have been violated, please notify Aswaq.
3. Without prejudice to any other rights and
remedies of Aswaq under this User Agreement or at law, Aswaq may limit, suspend
or withdraw a user's access to the Site and/or a user's membership of the Site
or remove hosted content.
4. Aswaq can choose to take other technical
and/or legal steps against users who create problems or possible legal
liabilities of any kind, who infringe the intellectual property rights of third
parties or who act inconsistently with this User Agreement or our policies.
·
The Site
is only a platform for communication whereby users may meet and interact with
one another for the purpose of the sale and purchase of items.
·
ASWAQ.SE
does not buy or sell items. ASWAQ.SE is not and cannot be a party to or control
in any manner any transaction between two users of the Site and cannot
guarantee that a buyer or seller will complete a transaction or accept the
return of an item or provide any refund for the same.
·
You will
not hold ASWAQ.SE responsible for other users' content, actions, or inactions,
or items or Information they list or post.
In particular:
·
ASWAQ.SE
is not responsible for any non-performance or breach of any contract entered
into between users and does not transfer legal ownership of items from the
seller to the buyer. The contract for sale of any item shall be a strictly
bipartite contract between the seller and the buyer. At no time shall any
right, title or interest over any item vest with ASWAQ.SE nor shall ASWAQ.SE
have any obligations or liabilities in respect of such item or the contract
between the buyer and seller.
·
ASWAQ.SE
is not responsible for unsatisfactory or delayed performance, losses, damages
or delays because of items that are unavailable.
·
ASWAQ.SE
is not required to mediate or resolve any dispute or disagreement between
users.
·
ASWAQ.SE
has no control over and does not guarantee the quality, safety or legality of
items advertised, the truth or accuracy of users' content or listings, the
ability of sellers to sell items, or the ability of buyers to pay for items.
·
ASWAQ.SE
does not make any representation or warranty as to the attributes (including
but not limited to quality, worth or marketability) of the items proposed to be
sold or purchased on the Site. In particular, ASWAQ.SE does not implicitly or
explicitly support or endorse the sale or purchase of any items on the Site,
nor is ASWAQ.SE a supplier or manufacturer of any items sold by users or
purchased by users.
·
ASWAQ.SE
does not make any representation or warranty as to the attributes (including
but not limited to legal title, creditworthiness, or identity) of any of its
users.
·
The Site
may include links to third party websites that are controlled by and maintained
by others. ASWAQ.SE cannot accept any responsibility for the materials or
offers for goods or services featured on such websites and any link to such
websites is not an endorsement of such websites or a warranty that such
websites will be free of viruses or other such items of a destructive nature
and you acknowledge and agree that ASWAQ.SE is not responsible for the content
or availability of any such sites. However you acknowledge and agree that you
may not include links in any user-posted content on the Site.
·
Users
shall independently agree upon the manner, terms, and conditions of delivery,
payment, and insurance as between each other and ASWAQ.SE holds no
responsibility in respect of such arrangements.
·
ASWAQ.SE
accepts no liability for any errors or omissions, whether on behalf of itself
or third parties.
·
ASWAQ.SE
excludes all implied warranties, terms and conditions and is not liable for any
loss of money, goodwill or reputation, or any special, indirect or
consequential damages arising directly or indirectly, out of your use of or
your inability to use the Site.
·
You
release and indemnify ASWAQ.SE and/or any of its officers and representatives
in respect of any claim, demand, dispute, cost, damage, liability or other
consequence (direct or indirect) of any of the actions of the users of the Site
and you specifically waive any claims that you may have in this behalf under
any applicable law.
·
If any
clause of this User Agreement shall be deemed invalid, void or for any reason
unenforceable, such clause shall be deemed severable and shall not affect the
validity and enforceability of the remaining clauses of this User Agreement.
This User Agreement (as amended from time to time in accordance with the terms
of this User Agreement) sets forth the entire understanding and agreement
between you and ASWAQ.SE with respect to the subject matter hereof.
·
No person
who is not a party to this User Agreement shall have any right to enforce any
term of this User Agreement.
·
If this
User Agreement is translated into any language other than English, whether on
the Site or otherwise, the English text shall prevail.
This User Agreement
is governed by, and construed in accordance with, state of Kuwait law. This
clause will survive any expiry or cancellation of this User Agreement for any
reason.
