Terms of Use

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.


2- Eligibility for Membership

·        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·        The Site is not available to persons whose membership has been suspended or withdrawn by ASWAQ.SE.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.

3. Your Account and Registration Obligations

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.

4- Electronic Communications

·        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.


5- Amendments to this User Agreement

·        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.

6- Fees and Services

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.


7-Your Information

·        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.

8- Use of the Site

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.

9- Prohibited actions during processes at the site:

·        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.


10- You undertake, represent and warrant that:

·        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.


11- Copyright

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.

12- Trademarks

·        “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.

13- Abusing ASWAQ.SE

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.

14- Platform for Communication

·        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.

15- General

·        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.

16- Governing Law

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.