Terms and Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS PLATFORM, PRODUCTS AND/OR SERVICES
1. DEFINITIONS
Sooqer.ae (“the Company” or “Company” or “us” or “Us” or “we” or “We” or “our” or “Our”) consists of www.Sooqer.ae (“Website”). The Website connect users to buy, sell or swap (“Classifieds”) and related services & products (“Services & Products”). The Website and Mobile App shall be collectively referred to as the Platform (“Platform”). We will engage with other businesses (“Third Party” or “Third Parties”) to provide products and services on our Platform. Third Parties also includes plugins that have been included in the Platform and form a part of the Platform functionality without which Products and/or Services cannot be delivered. Karp Studios Portal (“Owner”) owns all the rights including but not limited Intellectual Property Rights to the Company and the Platform including the name Sooqer.ae, the Sooqer.ae logo as displayed on the Platform and in other digital and physical communication media, collectively referred to as Owners IP (“Owners IP”).
User (“User” or “Users” or “user” or “users” or “You” or “you” or “Your” or “your”) shall refer to any person who access and utilizes the Platform, Products and/or Services of the Company. Terms of Service (“Terms” or “Term” or “Terms of Service”) refers to the terms and conditions, included on this page, subject to which, the User shall be authorized to access utilizing and / or experience the Platform, Products and/or Services.
The Platform, Products and/or Services, may include information generated, shared and/or posted by You, other Users and/or all other information made available on the Platform by You and/or other Users (individually or collectively referred to as “User Owned Content”). User Owned Content shall include User advertisements/information. User Owned Content shall also include related information in multiple digital formats (including but not limited to photos, videos, images, sounds, messages, emails, whatsapp, facebook, instagram, other social media posts, messages between Users and/or Company via multiple media including but not limited through email, mobile phones, chat or any other electronic communication conducted via the Platform etc.).
Third Party Content (“Third Party Content”) shall refer to Third Party paid or unpaid advertisement/information/listings. Third Party Content shall also include related information in multiple digital formats (including but not limited to photos, videos, images, sounds, messages, emails, whatsapp, facebook, instagram other social media posts, messages between Users and/or Company via multiple media namely email, mobile phones, chat or any other electronic communication conducted via the Platform etc.).
The Company, Owner and/or Platform own the Platform design, layout and functionality, which shall be referred to as Platform Owned Content (“Platform Owned Content”). Platform Owned Content enables the Company and/or Owner to provide the Platform and facilitates the Products and/or Services to be available for Users.
User Owned Content and Third Party Content shall collectively be referred to as External Content (“External Content”). User Owned Content, Third Party Content and Platform Owned Content shall collectively be referred to as Content (“Content”).
For avoidance of doubt, any Content not explicitly identified as Third Party Content or Platform Owned Content, according the definition included in these Terms, shall be classified as User Owned Content.
2. APPLICABILITY
Terms shall apply to all users accessing and utilizing the Platform, Products and/or Services of the Company and/or the Owner. By accessing and utilizing the Platform, Products and/or Services, you agree to these Terms. By accepting these Terms, You agree and provide consent to the following conditions:
· That You are over the age of 18 as identifiable by a UAE Government issued identity document;
· That You have the legal capacity to access and utilize the Platform, Products and/or Services;
· That You have read and understand the aforementioned and following terms;
· That You accept all your obligations stated in these Terms;
· That You accept the Company, Owner and/or Platform rights, conditions and other statements contained herein;
· That You will comply with the Terms and updates to Terms as applicable at the time of accessing and utilization;
· That Terms may be updated from time to time at the sole right and absolute discretion of the Company, Owner and/or Platform;
· That if You do not agree to these Terms in its entirety, You must immediately discontinue accessing and utilizing the Platform, Products and/or Services.
· That if we identify your non-compliance with these Terms, the Company, Owner and/or Platform retain the right to prosecute you and the related parties involved in the non-compliance under the laws and/or jurisdiction of Dubai and/or United Arab Emirates, at the sole right and absolute discretion of the Company and/or Owner.
3. COMPANY RIGHTS AND LICENSE
Ownership: The Company retains sole and absolute rights to all Platform Owned Content. Nothing included in the External Content and published, posted and/or shared on the Platform by You or the Users or Third Parties on the Platform, shall entitle You, Users and/or Third Parties to any claim over Owners IP. Company reserves all rights not expressly granted herein to the Platform.
License Grant: By accessing and utilizing the Platform, Products and/or Services, you hereby grant to the Company and/or Platform license to use, display, modify, distribute, assign, disseminate, and derive content from Content for purposes of providing Products and/or Services on the Platform or outside the Platform. You also grant the Company and/or Platform the full license to promote and distribute all External Content through any digital, electronic and/or physical media. You also agree to and do hereby grant to Company and/or Platform, all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the External Content by any party, except the Company, Platform and/or Owner for any purpose, which contravenes these Terms.
You agree to and do herby grant license to the Company and/or Platform to grant a non-exclusive license to each User of the Platform to access your User Owned Content through the Platform. The Company and/or Platform’s license shall be limited to the time the User Owned Content is available on the Platform and shall be limited to the Users accessing and utilizing the External Content, Products and/or Services solely through the Platform.
Right to Modify and/or Delete: The Company has the sole rights and absolute discretion to delete and/or modify Content on the Platform without notifying the Users and/or Third Parties. The Company retains sole rights and absolute discretion to delete such External Content that infringes on Owners IP. The Company, Owner and/or Platform does not permit copyright infringing activities and infringement of intellectual property rights on the Platform and shall at its sole discretion, remove any External Content. The Company, Owner and/or Platform retains the sole right and absolute discretion to modify or delete any External Content, without assigning any reasons or justification and/or without any notification to the User. By sharing your User Owned Content on the Platform and/or with the Company, you explicitly authorize, consent and provide license to the Company and/or Platform to use your User Owned Content, the way we see it fit or as deemed relevant by us at our sole and absolute discretion. The Company and/or the Platform retains the right to modify and/or delete the User Owned Content at any point in time after the User Owned Content is made available on the Platform.
Company, Owner and/or Platform retain the right to determine the time period for which External Content may be displayed, shared, uploaded or allow any other action to be performed on the Platform and the right to modify, delete and/or discontinue Products and Services, without assigning any reason or notifying You, Users and/or Third Party. Company, Owner and/or Platform has no responsibility or liability for the deletion or failure relating to Content.
License Condition: All these rights granted by You and agreed to are perpetual, worldwide, non-exclusive, royalty-free, fully sub-licensable, irrevocable and non-cancellable.
Right to Terminate: The Company, Owner and/or Platform retain the sole right and absolute discretion to terminate Your and/or User registered account and access to the Company, Platform, Products and/or Services as determined by the Company, without assigning any reasons or justification and/or without any notification to You and/or Users.
Right to Suspend: The Company, Owner and/or Platform retain the sole right and absolute discretion to suspend Your and/or User registered account and access to the Company, Platform, Products and/or Services as determined by the Company, without assigning any reasons or justification and/or without any notification to You and/or Users. Revoking of the suspension shall be at the sole right and absolute discretion of the Company, Owner and/or Platform without assigning any reasons or justification and/or without any notification to You and/or Users.
Google Adsense: The Company retains sole and absolute rights to all include, display, share, upload and/or perform any other action using Google Adsense and/or other social media advertisement and analytics account. The Company, Owner and/or the Platform owns the Google Adsense account and the Company, Owner and/or Platform may receive payment for the Google Adsense account through a Third Party.
Company Intellectual Property Rights: Owner has sole right, title and interest, including all related Intellectual Property Rights, in and to the Company, the name Sooqer.ae, the Sooqer.ae logo as displayed on the Platform and in other digital and physical communication media, and all Platform Owned Content available on the Platform except for External Content. Owner IP and the names associated with the Service are trademarks owned by the Owner, and no right or license is granted to You, Users and/or Third Party to use them, without express prior written permission and license from the Owner.
4. LIMITATION OF LIABILITY
Responsibility: You are solely responsible for all your content, which is included as User Owned Content. By accepting responsibility for your content, this shall include responsibility of either obtaining or having necessary rights, permissions and/or consent to User Owned Content. The Company, Owner and the Platform do not own the Products and Services and provide only a platform to buy, sell or swap between Users. The Company, Owner and/or Platform are not responsible for the External Content generated or included on Platform and the External Content relating to Products and/or Services. The Company, Owner and Platform are not responsible for External Content and that by using the Platform and accessing the Products and/or Services, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent, misleading, and/or objectionable. Due to you accessing and utilizing the Platform, you may be exposed to risks on the Platform and/or outside the Platform due to other users contacting you. You agree and consent to agree that the Company, Owner and/or Platform does not have any liability to You, other Users and/or Third Parties due to any performance, security, breach or other problems that may arise from Your accessing and utilizing the Platform, Products and/or Services. You, other Users and Third Parties will have no claim against the Company, Owner and/or Platform and You agree and consent to agree to waive any legal or equitable rights or remedies you have or may have against Company, Owner and/or Platform with respect thereto.
Transaction: The Company, Platform and Owner is not a party to transactions undertaken on the Platform or outside the Platform. You agree that the Company, Platform and/or Owner shall not be liable for any loss or damage of any kind due to you and/or users accessing and utilizing the Platform, Products and/or Services and Content. The Company, Owner and the Platform shall not be liable for any loss or damage of any kind due to you and/or users due to risks outside the Platform. You use the Platform and Services at your sole risk and responsibility, subject to law.
The access and utilization of the Platform and/or Content, may result in You and/or Users interacting with other Users and/or Third Parties. You agree that You are solely responsible for all interactions with other Users and/or Third Parties, through any physical, digital and/or electronic modes of communication including but not limited to photos, videos, images, sounds, messages, emails, whatsapp, facebook, instagram other social media posts, messages between Users and/or Company and/or any other electronic communication conducted via the Platform. You agree and confirm that You access and utilize the Platform, Products, Services and/or Content at Your own risk and You agree to assume full and sole responsibility for all Your actions.
Third Party: External Content may be subject to the respective User and/or Third Party terms, conditions and privacy policies. The Company. Owner and/or Platform do not make any representation whatsoever on such External Content and their respective Third Party and/or user terms, conditions and privacy policies. By using the Platform, Products and/or Services, you agree that it is your responsibility to verify any External Content including their respective Third Party and/or User terms, conditions and privacy policies. The Company, Owner and/or Platform shall display External Content that is paid or unpaid. If such External Content is paid and is subsequently deleted due to non-compliance with these Terms, the payment made shall not be refunded. The Company, Platform and/or Owner shall not be liable for any loss or damage of any kind due to reasons that may be directly or indirectly attributable or caused or incurred due to External Content.
Interactions between You and other Users and/or Third Parties may be in the form of electronic, digital and/or physical communication and are solely between You and other Users and/or Third Parties. Under all circumstances, Company, Owner and/or Partner shall not be liable for Your interactions with other Users and/or Third Parties and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with other Users and/or Third Parties, You hereby release Company, Owner and/or Platform, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, liabilities, costs, expenses, court fees, penalties, court fines, attorney fees/charges, debt, obligations, losses (whether direct, indirect or consequential) of every kind, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Company, Owner and/or Platform or utilization of Products and/or Services.
Verification: By using the Platform, Products and/or Services, you agree that it is Your responsibility to verify and own any necessary rights, permissions and/or consent to your User Owned Content. If your User Owned Content involves Third Party Content, then you accept that it is your sole responsibility to secure necessary rights, permissions and/or consent from the respective Third Parties. The Company and/or Platform do not have any liability and shall not be liable for any loss or damage of any kind for direct or any indirect Third Party terms, conditions and privacy policies. You agree and consent to agree, that Company, Owner and/or Platform may monitor digital and/or electronic communication including but not limited to email, mobile calls, mobile messages and any other form of communication using Third parties and/or Third party tools/software, to identify non-compliance with these Terms. All communication between You and other Users on the Platform or with respect to Products and/or Services, shall be in accordance with these Terms.
Location: The Platform is available for access and utilization only in the United Arab Emirates. If You access this Platform, Products and/or Services from outside United Arab Emirates, You will be accessing and utilizing at your own risk and shall be solely responsible for complying with the respective laws of the location where You access and utilize the Platform.
5. CONDUCT AND LISTING POLICY
You agree not to publish, email, display, upload, modify, update, share or perform any other action with respect to External Content on the Platform that:
· does not comply with or violates the laws of Dubai and/or the United Arab Emirates.
· External Content for which you do not have the rights, permission and/or consent.
· does not include items available here in the UAE.
· causes harassment, defamation, impersonation, misrepresentation of External Content.
· deliberately misleads other Users, Third Parties, Company and/or Platform.
· is obscene, pornographic, harmful, hateful, unethical, offensive.
· overlaps or restricts other Users Rights and infringes on intellectual property rights.
· encourages gambling or money laundering.
· includes or solicits or collects or makes an effort to collect Personally Identifiable Information (PII).
· provides links to any social media, digital media, other websites, mobile applications other than the Platform.
· includes marketing or solicitation of other products and/or services other than the Platform.
· disrupts the Company, the working and availability of the Platform, Products and/or Services including viruses, bots, data tools and/or other cybersecurity compromising software/actions.
· solicits or contacts other Users unless explicitly authorized by the Users to contact them, restricted to purposes of Products and/or Services provided or made available on the Platform.
· uses tools or software/hardware to automate publishing, posting, emailing, sharing, uploading, displaying or perform any other action with respect to External Content.
· use computer software/hardware or tools that may damage, detrimentally interfere with, intercept or expropriate any Content, System and/or personal information.
· shares Your login, password or other Platform related details to other Users.
· undertakes Services without valid license, registration and other legal documents as required by the law.
· indicates or points to duplicate listing of products and/or services.
Listing Policy
We specifically prohibit any listing or posting of External Content in relation to the following products, services and/or aspects of access and/or utilization:
· Alcoholic beverages, tobacco products, drugs, narcotics, intoxicants of any description, medicines, links directly or indirectly to or include descriptions of products and/or services that are prohibited under any applicable law;
· Hazardous chemicals, pesticides, fireworks, destructive equipment, explosives, weapons and related items, and/ or items in violation of law;
· Products and/or Services identifiable as obscene, offensive, counterfeit, pirated and/or stolen;
· Antiquities, art and treasures as identifiable under the law;
· Items made whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
· Any equipment, material and/or item identifiable as related to gambling under the law;
· Spam, pyramid, multilevel marketing and/ or similar schemes;
· Inappropriate or inaccurate category;
· Incorrect city and/or location;
· Incorrect contact details including but not limited to name, email, physical address, mobile numbers and other information shared, displayed, published, posted on the Platform; and/or
· International Listings.
Consequences of Breach of Terms, Conduct and/or Listing Policy
If You and/or Users violate and/or breach the Terms, Conduct and/or Listing Policy, Company, Owner and/or Platform retains the sole right and absolute discretion, without assigning any reasons or justification and/or without any notification to the User, to:
· modify and/or delete the listing.
· terminate the User permanently.
· suspend the User.
· prohibit the User from accessing the Platform, Products and/or Services.
· reporting to Law Enforcement or Appropriate Authorities.
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6. MULTIPLE ACCESS REQUEST
You agree not to use or allow the use of any other User and/or Third Parties apart from You, to access and utilize the Platform, Products and/or Services on your behalf and/or using Your login, password, email and/or mobile number. If such an access or utilization is required (“Multiple User Access”), You must contact the Company and/or Platform, to obtain explicit written permission and license from the Company, Owner and/or Platform, prior to allowing Multiple User Access to the Platform, Products and/or Services.
The Company, Owner and/or Platform requires You to submit a valid Power of Attorney (PoA) that complies with the laws of Dubai and/or United Arab Emirates. The Company, Owner and/or Platform reserves the right to request additional documents/information prior to providing explicit written permission and license. In all cases, the Company, Owner and/or Platform have the sole right and absolute discretion to reject request for Multiple User Access request without assigning any reasons or justification and/or without any notification to You and/or User.
If we identify Multiple User Access, the Company, Owner and/or Platform retain the sole right and absolute discretion, without assigning any reasons or justification and/or without any notification to the User, to:
· modify and/or delete the listing.
· terminate the User permanently.
· suspend the User.
· prohibit the User from accessing the Platform, Products and/or Services.
7. ACCESS AND UTILIZATION
Company and/or Platform grants you a revocable, non-exclusive, limited license, to access and use the Platform, Products and/or Service for personal use only. This license is restricted to the Platform only. This license does not grant you rights to utilize the information from Platform outside the Platform for either personal or commercial benefit other than for Services allowed on the Platform.
You and/or other Users access and utilize the Platform, Products and/or Services on an ‘As Is’ basis for your personal use only. You and/or other Users do not have the permission, consent and/or license to copy, use, share, distribute, reproduce, post, publish, sell or perform any other action using Content on Platform.
8. INDEMNITY
You agree to indemnify and hold harmless Company, Owner, Platform, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, liabilities, costs, expenses, court fees, penalties, court fines, attorney fees/charges, debt, obligations, losses (whether direct, indirect or consequential), of every kind, known or unknown, suspected and/or unsuspected, disclosed and/or undisclosed, arising from:
· Your violation of any provision of these Terms.
· Your violation of Third Party rights.
· Claim due to or arising out of content submitted by You and/or Users.
· Your dispute with other Users and/or Third Parties of Platform or with respect to Company, Owner, Products and/or Services.
· Breach by the User of any of the representations and warranties herein.
This clause will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
9. DISCLAIMER
To the fullest extent permitted under applicable law:
· The failure of Company, Owner and/or Platform to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by court of law in Dubai to be invalid or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired.
· You agree that any cause of action brought by You and arising out of or related to Your use of the Platform, Products and/or Services and Content must commence within a reasonable time and in any event within one (1) year after the cause of action accrues. These Terms shall inure to the benefit of and be binding upon each party's successors.
· You, Users and/or Third Parties expressly acknowledge and agree that use of Company, Platform, Products, Services and/or Content is entirely at your own risk and that the Platform, Products, Services and/or Content are provided on an "as is" basis, without any warranties of any kind.
· Company, Owner and/or Platform assumes no liability towards You, Users and/or Third Parties, arising out of these Terms, be it in tort or contract.
· Company, Owner and/or Platform makes no warranties or representations about the accuracy or completeness Content and assumes no liability or responsibility. Company, Owner and/or Platform does not warrant, endorse, guarantee, or assume responsibility for the Content, Products and/or Services listed on the Platform.
· Company, Owner and/or Platform retain the sole right and absolute discretion to modify and/or delete Platform, Products, Services and/or Content.
· Company, Owner and/or Platform does not warrant, endorse, guarantee, or assume responsibility for the Content, Products and/or Services listed by Third Parties on the Platform and assumes no liability towards Content, Products and/or Services listed by Third Parties on the Platform.
· Company, Owner and/or Platform does not warrant, endorse, guarantee, or assume responsibility for the Content, Products and/or Services listed by Google Adsense on the Platform and assumes no liability towards Content, Products and/or Services listed by Google Adsense on the Platform.
· Company, Owner and/or Platform is not a party to or in any way be responsible for monitoring any transaction between You and/or other Users and/or Third Parties, either on the Platform or outside the Platform.
· Company, Owner and/or Platform assumes no liability for:
o any monetary or other damage suffered by You, Users and/or Third Parties on account of the failure, interruption or any other fault, directly or indirectly attributable to Company, Owner and/or Platform or due to accessing and utilization of Platform, Products, Services and/or Content.
o Your interactions with other Users and/or Third Parties, through any physical, digital and/or electronic modes of communication.
o any unauthorized access to or use of our Platform and/or Content.
o cybersecurity breach, digital or physical intrusion, data breaches or stolen data, irrespective of the source, nature, outcome, release and/or occurrences of such breach, intrusion or stealing either on a random or on a continuous basis.
· Company, Owner and/or Platform its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, will not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with:
o Platform, Products, Services, Content and/or these Terms and Your, Users and/or Third Parties use thereof.
o errors in Content, inaccurate and/or incomplete Content.
o Your interactions with other Users and/or Third Parties, through any physical, digital and/or electronic modes of communication.
o use or misuse of the Platform, Products, Services and/or Content.
o Your or Users or Third Party’s inability to access and utilize the Platform, Products, Services and/or Content.
o non-availability or interruption of Platform, Products, Services and/or Content.
o modification and/or deletion of Platform, Products, Services and/or Content.
o personal injury or property damage resulting from Your access and/or utilization of Platform, Products, Services and/or Content.
o use, share, post, mail and/or messaging of Products, Services and/or Content either on the Platform or outside the Platform.
o accessing and utilizing Platform, Products, Services and/or Content outside United Arab Emirates.
o Content that does not comply with these Terms and Listing Policy.
o Products, Services and/or Content received or advertised and/or through any physical, digital and/or electronic media.
10. ENTIRE AGREEMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Company, Owner and/or Platform’s failure to act with respect to a breach by You and/or other Users does not waive its right to act with respect to subsequent or similar breaches. Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Company, Owner and/or Platform and supersedes all previous agreements, whether oral, digital, electronic or in writing, between You and Company, Owner and/or Platform.
11. CONTACT
Please contact us at info@sooqer.com for any reason including the following:
· If you have any concerns about your Information on the Platform;
· If you suspect violation of intellectual property rights;
· If you identify other Users exhibiting or indulging in practices not allowed per the laws of Dubai and/or United Arab Emirates or disallowed per these Terms, on the Platform or with respect to Products and/or Services.
Company, Owner and/or Platform requires detailed substantive documentation together with the notification from You and/or Users. Company, Owner and/or Platform retain the sole right and absolute discretion to respond to any query or notice. Company, Owner and/or Platform may decide not to respond to any query or notice, without assigning any reasons or justification and/or without any notification to You and/or other Users.