TERMS & CONDITIONS

1. Background

Habibi-souq.com (the Platform) is made available to you by Burj Trade LLC, a company incorporated and existing under the laws of UAE, whose address is at Tower–A, floor 26 JAFZA1, Dubai (referred to in these terms & conditions (Terms and Conditions) as 'we', 'us' and 'our').

When we refer to 'you' and 'your', we mean where the context indicates, a buyer or a seller or anyone who uses and accesses the Platform.

These Terms and Conditions, and all other terms and conditions and documents referred to herein govern the conditions on which you are entitled to access and use the Platform. Please take the time to read them carefully.

By accessing and continuing to use the Platform, you will be deemed to agree to these Terms and Conditions and shall be bound by them. If you do not agree to these Terms & Conditions, then you must stop using or accessing the Platform immediately.

We reserve the right to modify or amend these Terms and Conditions from time to time. You should check these Terms and Conditions each time you access the Platform to ensure that you are aware of and are complying with the current version. Changes are binding on users of the Platform and will take effect immediately from posting of the revised documentation on the Platform.

2. Privacy and Data Protection

We take your privacy seriously. To find out more about how we handle your personal information please see our (Privacy Policy). By accessing and/or using the Platform, you are agreeing that we can process your information in the ways set out in our Privacy Policy.

3. The Platform

The Platform is an e-commerce marketplace that allows sellers (Sellers) to offer and sell their products, and buyers (Buyers) to browse and buy such products.

We reserve the right to modify or discontinue the Platform at any time and without notice to you.

Furthermore, you accept that Platform unavailability may occur in order to allow for improvements or scheduled maintenance, or due to outside factors beyond our control.

4. Account Registration and Use

In order to access and use the Platform as a Buyer, you must:

• be at least 21 years of age;
• provide an address in the UAE for delivery; and
• have a user account (Account).

In order to access and use the Platform as a Seller, you must:

• be a legal entity duly registered in the UAE;
• have a current trade licence permitting you to sell products onshore in the United Arab Emirates;
• provide proof of authorisation and ID for the individual who will be registering and using the Platform;
• provide any other information reasonably requested from us as part of your verification process; and
• have a user account (Account).

You can set-up your Account by following the process notified by us from time to time. You acknowledge that you will not be able to fully use the Platform until your Account has been activated and your complete details have been uploaded. We have the right to reject the creation of an Account for any reason.

You will be solely responsible for maintaining the confidentiality and security of your Account details. You may not share, assign, or permit the use of your Account or password with another person. You agree to notify us immediately if you become aware of any unauthorized use of your user account or password.

You are responsible for all use of your Account and all activities that occur under your Account(s). All such use and activities will be considered authorised by you, and you solely bear the responsibility for the consequences of the misuse of your Account.

We may limit, suspend or withdraw your Account, or remove a posting or listing, at any time, without notice, for breach of these Terms, or for any reason in our sole discretion.

5. User Generated Content

By posting or displaying any goods, information, reviews or other content on the Platform (Content), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to us to use the Content in any form, media, or technology in any manner and for any purpose.

When you post comments or reviews on the Platform, you also grant us the right to use your username, in connection with such review, comment, or other content.

You shall not use or provide any false information to us, pretend to be someone other than yourself or otherwise mislead us or third parties in any Content.

Content on the Platform is generated by the relevant user and may not reflect our opinions. We may, but shall not be obligated to, remove or edit any Content provided by you.

You will not attempt to hold us liable for any inaccuracies or defects in any Content. As a Seller, it is your responsibility to review the Content of your listings for accuracy and you will not attempt to hold us responsible for inaccuracies.

You represent, warrant and agree that any Content that you submit, post or display on the Platform:

• does not otherwise violate any of the copyright, patent, trademark, trade name, trade secrets or any rights of any third party;
• is true, accurate, complete and complies with all relevant laws and regulations;
• does not contain:

o  information that is discriminatory or promotes discrimination;

o  information that is defamatory, threatening, harassing, obscene, explicit, offensive, or otherwise objectionable, or that may be considered culturally or religiously offensive in any      way;

o  anything which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;

o  information that may threaten national security;

o  content or items which may constitute or be considered to promote gambling;

o  references to financial instruments of any description;

o  any weapons of any description;

o  any medicines, liquor, tobacco products, drugs, psychotropic substances, narcotics, or intoxicants of any description; or

o  any items that are defective, fake, damaged, false or misleading.

6. Your Responsibilities

You represent, warrant and agree that:

• you have full power and authority to enter into these Terms and Conditions, and have full power to execute and perform your obligations under these Terms and Conditions;
• you shall fully comply and will at all times continue to fully comply with all applicable lawsand regulations;
• If you create or use an Account on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms and Conditions. Such Account is deemed to be owned and controlled by the business entity;
• you own or have the authority to grant the rights and licenses granted to us by you under these Terms and Conditions; and
• any content you submit as part of your use of the Platform 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);
• the documents and information submitted during the Account registration process are true, accurate, current and complete, and you will maintain and update all information as applicable;
• you are solely responsible for obtaining all required licenses, permits and certifications for the Content that you submit, post or display on the Platform;
• if you are a Seller, you have the right and authority to sell, trade, distribute or export the goods listed on the Platform (including a valid and subsisting trade licence allowing the sale of such goods onshore in the United Arab Emirates) and the listing of these goods does not violate any third-party rights (for example, exclusive agency or distribution agreements); and
• neither you, your company, its directors, officers nor affiliates are the subject of any trade restrictions, sanctions or other legal restrictions of any country, international organization or other jurisdiction.

Furthermore you represent, warrant and agree that you will not:

• use the Platform to defraud any person or entity;
• impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
• manipulate feedback through multiple user accounts or third parties by leaving positive feedback for yourself or unjustified negative feedback for another user;
• copy, reproduce, download, republish, sell or distribute any information, text, images, graphics, video clips, sound, directories, files, databases or listings, available on or through the Platform for any purpose;
• engage in spamming, phishing or spreading viruses;
• engage in any activity that would create liability for us;
• use the Platform solely to collect information about other users; or
• use information provided to you on the Platform to solicit additional sales offline.

7. Payment

By placing an order on the Platform, you authorise our third-party payment processer to process your credit/debit card details for the amount of your order. In order to authorise credit/debit card payments, 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 authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result. For the avoidance of doubt, we do not store or collect your card information.

We may remove or add cards or other payment methods that we accept at any time without prior notice to you.

8. Refunds and Return of goods

Subject to the below, you have the right to return any goods purchased on the Platform and request a refund within 7 days of the delivery date in accordance with the Dragonmart Return Policy, provided the relevant product or goods are unused, in original unbroken packaging and include all tags.

Furthermore, if the goods or products purchased are faulty, not as described, if you didn’t receive the goods or product, or if you received the incorrect product, you have the right to request a return product in accordance with the Dragonmart Return Policy within 7 days of the relevant delivery date.

For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full and you will not be charged for the cost of return if you received the incorrect product or if the products are faulty or not as described on our Platform.

In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you must pay the costs of return shipping.

We will issue a refund to the same card as you used for the original purchase.

Your refund will be initiated once approved by the relevant Seller, and you will receive the final refund within thirty (30) days from such approval date.

You do not have a right to return products in respect of:

• products that are classified as hazardous materials or use flammable liquids or gases;
• products that have been used or damaged by you or are not in the same condition as you received them;
• any consumable product which has been used, or opened;
• products with tampered or missing serial numbers;
• products that fall under specific categories, including food, beverages, swimwear, underwear, hosiery, socks, hygiene related and personal care products and other products as specified by us in our absolute discretion at the time of placing the order; or
• any other products described as non-returnable or non-refundable in the Dragonmart Return Policy applicable at the time of your purchase.

9. Third-Party Sites or Services

We may give you access to third-party sites or services through hyperlinks, API or other means on the Platform. We have no control over and do not monitor such third-party sites and we will not be liable to you for the content of these sites or your use of them.

We may present you with other third-party services on the Platform, such as delivery services and payment gateways. These services will be subject to a separate agreement between you and the service provider. We will not be liable to you for the use of such services, or for any failures on the part of these service providers.

Creating a link to our Platform is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

We may share any of your information with such third party service providers for the purposes of qualifying you or provision of services to you by such providers, in connection with the Platform.

10. Intellectual property

You agree that all intellectual property rights and database rights, whether registered or unregistered, in the Platform, information on the Platform and the Platform design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorized use of the material and content of the Platform is strictly prohibited, and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

11. Our Liability

Nothing in these Terms and Conditions shall limit or exclude a party’s liability:

• for fraud, including fraudulent misrepresentation, perpetrated by that party;
• for death or personal injury caused by the negligence of that party; or
• for any other liability that cannot be limited or excluded under applicable law.

We verify that each of the Sellers is a licensed business when they sign up to use the Platform. However, we do not control the quality, legality, safety, or availability of the goods offered for sale, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase and to the extent permitted by law we disclaim all liability in relation to any purchases made on our Platform.

The services provided by us and the goods displayed on the Platform are provided “as is” 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 Platform and services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.

We shall not be liable to pay any consequential, indirect, punitive or incidental damages (including but not limited to damages for loss of profits or savings, business interruption or loss of information) arising out of or in connection with these Terms and Conditions, even if we had been advised of the possibility of such damages.

In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

• the Content or other information you provide when using the Platform;
• your use of or your inability to use the Platform; delays or disruptions in our services or the Platform; viruses or other malicious software obtained by accessing or linking to the Platform;
• bugs, errors or inaccuracies of any kind in the Platform; the content, actions or inactions of third parties using the Platform, or providing services to you (including but not limited to Buyers, Sellers or our delivery partners);
• a suspension or other action taken by us with respect to your use of the Platform;
• your need to modify practices, Content or behaviour or your loss of or inability to do business as a result of changes to these Terms and Conditions; or
• unsatisfactory or delayed performance of a Seller, or our delivery partners.

Subject to the above, our total liability to you, whether based on an action or claim in contract, negligence, breach of statutory duty or otherwise, arising out of or in relation to these Terms and Conditions or any use of the Platform shall be limited to:

• if you are a Buyer, the price the item bought on the Platform and its original shipping costs; or
• if you are a Seller, 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.

12. Indemnity

If a dispute arises between users of the Platform, in particular between a Buyer and a Seller, you agree to release us (and our affiliated companies and each of their respective officers, directors, employees, agents, representatives and service providers) (Platform Parties) from all claims, demands, damages (actual or consequential) of any kind whatsoever arising out of or in any way connected with such dispute.

You agree to defend, indemnify and hold harmless the Platform Parties from any and all losses, claims and liabilities (including legal costs) which may result from your:

• breach of these Terms and Conditions;
• use of the Platform or the services provided on the Platform;
• violation of any applicable laws; or
• infringement of any third-party intellectual property rights, or if the content of your listings is slanderous, defamatory, obscene or violates any other rights of any third party.

13. Payment and pricing

We are determined to provide the most accurate pricing information on the Platform to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Platform. As such, if an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

14. Cooperation with Authorities

We have the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and regulations, we may disclose a user's identity and contact information regarding a user's Account, transactions or activities carried out on the Platform. We will not be liable for damages due to such disclosure, and you agree not to bring any claim against us for the disclosure.

15. General Terms

Governing Law - these Terms and Conditions and any non-contractual rights or obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai.

Dispute Resolution - If you have an issue with the Platform or our services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or claims arising out of or in connection with these Terms and Conditions, including any non-contractual rights or obligations shall be referred to and finally resolved by the Dubai courts.

Communication - 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.

Assignment - assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.

Entire Agreement - these Terms and Conditions represent the entire agreement between us overriding any prior written or verbal agreements that may have been made.

Relationship between the Parties - these Terms and Conditions do not create an agency, partnership, joint venture, employment or franchise relationship between you and us.

Severability - If any clause of these Terms and Conditions is considered to be invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.

Waiver - if we do not enforce our rights or act against any breach by you under these Terms and Conditions, it does not mean that we are waiving our rights to enforce actions against you in the future.

Force Majeure - neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes or a pandemic, epidemic or disease impacting the Party claiming to have been impacted by the relevant force majeure event).

Survival - all provisions that either expressly or by their nature survive, will survive suspension or termination of your Account.

Third Party Rights - a person who is not a party to these Terms and Conditions has no right to enforce any of its terms.

If you have any questions regarding these Terms and Conditions, please Contact Us.

16. Terms and Conditions

DURATION: July 17 – July 28, 2023 (12 days)

DISCOUNT: 10% OFF on all products

TERMS AND CONDITIONS:

Discount capped at AED 1000

Minimum spend of AED 150 for the coupon

Shipping charges will be excluded from the computation of bill value for coupon eligibility