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Terms of Use

Welcome to www.thehmarket.com (“Site”). The owner and operator of the Site is The H Market E Commerce Owned by The H Market, a limited liability company registered in the United Arab Emirates (“UAE”) under license number 123456, with its office located at Jumeirah Terrace Building, Office 306, Dubai in the UAE.

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use as so modified.

About Our Site:

 

The site is an e-commerce platform that allows users to offer products, and individuals and enterprise entities to buy products.

We reserve the right to introduce our new services and update or withdraw any of the services, in our sole discretion, and we will not be liable to you for exercising this discretion.

Eligibility:

 

a. You are eligible to register as a buyer and benefit from the services if you meet the following eligibility criteria:

• you are above the legal age for purchasing products in UAE residence and;

• you are able to provide an address in the UAE for delivery of products.

b. In order to register to the site, you will need to provide us with certain information. Your registration to the site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.

c. Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with these Terms of Use.

Your Obligations:

 

a. When using or accessing the services, you agree that 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;

• agree to immediately notify us of any unauthorized use of your password or account or any other breach of security;

• will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;

• will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and

• will cooperate with our requests for additional information with respect to your eligibility and usage of our Services

b. When using or accessing the services, you agree that you will not:

• post, list or upload content or items in inappropriate or prohibited categories or areas on our Site.

• post false, inaccurate, misleading, deceptive, defamatory or similar content;

• transfer your account to another party without our prior written consent;

• distribute viruses or any other technologies that may harm our Services or the interests or property of other users.

Warranties:

 

a. 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.

b. 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, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.

Suspension, Termination and Cancellation:

 

Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order and/or remove hosted content submitted by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.

Liability and Indemnities:

 

a. Nothing in these Terms of Use 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.

b. 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 Terms of Use 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

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

• the content or other information you provide when using the Services;

• your use of or your inability to use our Services;

• pricing, shipping, format or other guidance provided by us;

• delays or disruptions in our Services;

• viruses or other malicious software obtained by accessing or linking to our Services;

• damage to your hardware device from the use of products sold on the site or our Services;

• the content, actions or inactions of third parties using our Services;

• a suspension or other action taken by us with respect to your use of the Services;

• the duration or manner in which your listings appear in search results; or

• your need to modify practices, content or behavior or your loss of or inability to do business as a result of changes to these Terms of Use.

Reporting Violations of these Terms of Use:

 

We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us on the details and we will investigate.

General:

 

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

Third Party Rights – A person who is not a party to these Terms of Use has no right to enforce any of its terms.

Further Assurances – The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.

Entire Agreement – These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

Amendment – These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.

Severability – If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

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).

No Waiver – Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

Communications – You may contact us through email, social media or live chat on the Site, or by calling our call center 04-2322223.

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