Terms & Conditions

Welcome to H Market 

Below we have set out our terms of service:

1. Contractual Relationship

These terms and conditions of use (together with the documents referred to in them, including the Privacy Policy and any supplemental terms from time to time) (“Terms”) set out the terms of use on which you are permitted to access and use the H Market website and mobile application and the services contained therein (together, the “Services”).  The Services are developed and operated by HWH General Trading LLC (together with its parents, subsidiaries, representatives, affiliates, officers and directors, “HWH”). PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS AND START TO USE THE SERVICES, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU and HWH. In these Terms, the words “including” and “include” mean “including, but not limited to”.

By accessing or using the Services, and/or by purchasing something from us (the “Products”) or by your signing up for a personal user Services account or membership to access any of the Services (an “Account”), you accept these Terms, and agree to be bound by and comply with the Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you relating to the Services, acquire any Products or register for or hold any Account. HWH may immediately without notice to you and at its sole discretion terminate these Terms or any Services, sale of Products or Account with respect to you, or generally cease offering or deny access to the Services, Products or Account or any portion thereof, at any time for any reason.

Your use of the Services, Products and/or Account is also subject to compliance with such additional terms and guidelines in place from time to time, including any supplemental terms of any of the Service(s) as may be published (and amended) from time to time. 

You are responsible for ensuring that all persons who access the Services at your instruction or on your behalf are aware of these Terms. 

IMPORTANT: BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

HWH may amend the Terms from time to time. Amendments will be effective upon HWH’s posting of such updated Terms at this location or in any supplemental terms. Any such change will be automatically and unconditionally binding on you and your continued access or use of the Services after such posting confirms that you accept these amended Terms and agree to be bound by and comply with them. If you do not agree to the amended Terms, you may not access or use the Services, acquire any products or register for or hold and Account.

Please check our website and any supplemental terms from time to time for any amendments to these Terms. You are responsible for ensuring compliance with them. 

HWH’s collection and use of personal information in connection with the Services, sale of Products and Account is described in HWH’s Privacy Policy set out below; And are subject to the exclusive jurisdiction of the courts of the United Arab Emirates, and you consent to this jurisdiction and waive any objection. 

2. Compliance

HWH makes no representation or claim that any of the Services are deemed appropriate or may be legally accessed from within the jurisdiction in which you reside at the time of utilizing any of the Services.

You agree to access the Services at your own risk. HWH accepts no responsibility for any liability, whether civil or criminal, resulting from your access of, or inability to access, the Services or your reliance on any content displayed as part of the Services.

3. Use of the website and application

You may use the website and application, and any of the Services, in accordance and full compliance with these Terms, and only for your personal and non-commercial use.

Any information you provide to or through the website or application, or any of the Services, is your responsibility. Any other use of the website or the application requires the prior written consent of HWH. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the website and application, or any of the Services, in whole or in part.

The following matters are strictly prohibited on the website and application, or in connection with your access or use of any of the Services:

    • posting any information which is untrue, inaccurate or not your own;
    • using or attempting to use another user’s account without authorization from such user and HWH;
    • using the website, application and any Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the website, application or any Service or that could damage, disable, overburden or impair the functioning of the website, application or any Service in any manner;
    • posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
    • engaging in any harassing, threatening, intimidating, predatory or stalking conduct;
    • engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
    • attempting to interfere in any way with the website, application or HWH’s network security, or attempting to use the website or application’s service to gain unauthorized access to any other computer system; and
    • use of the Service or shipment of products outside the countries where we are authorized to do business.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the website or application. Further, you may not use any such automated means to manipulate the website or application, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the website or application, or application, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the website or application within another web site. You may not resell use of, or access to, the website or application to any third party without the prior written consent of HWH.As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

4. Additional Restrictions

By agreeing to these Terms, you may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services, website or application; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, website or application except as expressly permitted by HWH; (iii) decompile, reverse engineer or disassemble the Services, website or application except as may be permitted by applicable law; (iv) mirror or frame any portion of the Services, website or application; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, website or application or unduly burdening or hindering the operation and/or functionality of any aspect of the Services, website or application; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services, website or application or its related systems or networks.

5. Ownership

The Services and all rights therein are and shall remain HWH’s property (or the property of HWH’s licensors, as appropriate). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner HWH’s company names, logos, product and service names, trademarks or services marks or those of HWH’s licensors.

You may not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without our prior written consent. HWH’s status (and that of any identified contributors) as the authors of content on the Services must always be acknowledged.

You must not use any part of the Services for commercial purposes without obtaining a license to do so from HWH and (if applicable) or HWH’s licensors.

6. User Accounts

In order to use most aspects of the Services, you must register for and maintain an active Account. By accepting these terms, you certify that you are at least 18 years of age, or the applicable age of legal majority (if higher than 18 years of age), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to HWH certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.  If you know or suspect that anyone other than you know your user username or password, you must promptly notify us. 

HWH has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we, in our sole discretion, determine or believe that you have failed to comply with any of the provisions of these Terms.

7. User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account and you may not allow persons under the age of 18 to access or use the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

8. User Provided Content

HWH may, in HWH’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to HWH, you grant HWH a worldwide, perpetual, irrevocable, assignable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and HWH’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.  At HWH’s discretion, HWH may also grant a third-party access to the User Content collected in relation to the Services.  

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant HWH the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor HWH’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You will be liable to us and indemnify us for any breach of the above warranty and representation in accordance with these Terms. This means you will be fully responsible for any loss or damage we suffer as a result of your breach of warranty or representation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HWH in its sole discretion, whether or not such material may be protected by law. HWH may, but shall not be obligated to, review, monitor, or remove User Content, at HWH’s sole discretion and at any time and for any reason, without notice to you.

9. No reliance on information

Any information provided in respect of the Services and Products, including any health or nutritional information, are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional, medical or specialist advice before taking, or refraining from, any action on the basis of the Services or Products and any information contained therein.

10. Limitation of liability

HWH shall not be liable to any user of the Services or Products for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, business interruption, lost business opportunity, goodwill or reputation related to, in connection with, or otherwise resulting from any use of the Services or Products, regardless of the negligence or misconduct (either active, affirmative, sole, or concurrent) of HWH, even if HWH has been advised of the possibility of such damages or such damages were reasonably foreseeable.

Nothing in the Terms excludes or limits our liability for death or personal injury arising from our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

HWH shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or Products or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third party provider, including any third party provider of any Products, the delivery of any Products or access to the Services.

While HWH takes reasonable care in managing the Services, we do not guarantee that the Services or Applications will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software. HWH will not be liable for any loss or damage caused by a virus, distributed denial-of-service attach, or other technically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on it, or on any website linked to it. 

You must not misuse the Services or Applications by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Services or Applications, or any server, computer or database connected to, or used in relation to, the Services or Applications. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of applicable law to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

We assume no responsibility for the content of any websites linked to on our Services, or any third-party products sold through the Services. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

11. Indemnity

You agree to indemnify and hold HWH and its affiliates and their officers, directors, employees, and agents harmless from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), suffered or incurred by it to the extent arising (directly or indirectly) out of, related to, or in connection with: (i) your use of the Services or Products or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) HWH’s use of your User Content; or (iv) your violation of the rights of any third party, including third party providers.

12. General

You may not assign these Terms without HWH’s prior written approval. HWH may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of HWH’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, HWH or any third-party provider as a result of this Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable and the remaining provisions shall be enforced to the fullest extent under law. HWH’s delay or failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HWH in writing.