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Introduction:

  • BAWABT ALSHARQ L.L.C (referred to as ‘BAWABT ALSHARQ’ or the pronoun ‘We’) operates an e-commerce platform consisting of a website in the Arab Republic of Egypt.
  • These general terms and conditions shall apply to sellers and buyers on BAWABT ALSHARQ’s website and shall govern your use of BAWABT ALSHARQ’s website and any related services.
  • By using BAWABT ALSHARQ’s website, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use BAWABT ALSHARQ’s marketplace.
  • If you use BAWABT ALSHARQ’s marketplace in the course of a business or other organizational project, then by so doing you:
    • Confirm that you have obtained the necessary authority to agree to these general terms and conditions.
    • Bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions.
    • Agree that "you" in these general terms and conditions shall refer to the user, the relevant person, company or legal entity unless the context requires otherwise.

Registration and account

  • You may not register with BAWABT ALSHARQ’s marketplace if you are under 18 years of age (by using BAWABT ALSHARQ’s marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
  • You may register for an account with BAWABT ALSHARQ’s marketplace by completing and submitting the registration form on BAWABT ALSHARQ’s marketplace.
  • You represent and warrant that all information provided in the registration form is complete and accurate.
  • If you register for an account with BAWABT ALSHARQ’s marketplace, you will be asked to provide an email address/user ID and password and you agree to:
    • keep your password confidential.
    • notify BAWABT ALSHARQ in writing immediately (using our contact details provided) if you become aware of any disclosure of your password.
    • be responsible for any activity on BAWABT ALSHARQ’s marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
    • Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
    • BAWABT ALSHARQ may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
    • You may cancel your account on BAWABT ALSHARQ’s marketplace by contacting us as provided.

Terms and conditions of sale

You acknowledge and agree that:

  • BAWABT ALSHARQ’s marketplace B2B marketing website inside and outside Egypt, both locally and internationally for sellers to sell and buyers to purchase products.
  • BAWABT ALSHARQ is not a party to the transaction between the seller and the buyer.
  • a contract for the sale and purchase of a product or products will come into force between the buyer and seller, away from BAWABT ALSHARQ’s website, it shall not guarantee any of these transactions between the two parties, but its role shall complete when the seller is connected to the buyer.

Rules about your content

  • In these general terms and conditions, "your content" means:
    • all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that seller submit to BAWABT ALSHARQ’s marketplace for storage or publication, processing by, or onward transmission.
    • all communications on BAWABT ALSHARQ’s marketplace, including product reviews, feedback and comments.
  • Your content, and the use of your content by BAWABT ALSHARQ in accordance with these general terms and conditions, must be accurate, complete and truthful.
  • Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not:
    • be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit.
    • depict violence in an explicit, graphic or gratuitous manner.
    • be blasphemous, in breach of racial or religious hatred or discrimination legislation.
    • be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
    • cause annoyance, inconvenience or needless anxiety to any person.
    • constitute spam.
  • Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person, your content must not infringe or breach:
    • any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right.
    • any right of confidence, right of privacy or right under data protection legislation.
    • any contractual obligation owed to any person.
    • any court order.
  • You must not submit to BAWABT ALSHARQ’s marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  • The review function on BAWABT ALSHARQ’s marketplace may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
  • You acknowledge that all users of BAWABT ALSHARQ’s marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
  • BAWABT ALSHARQ may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
  • If you learn of any unlawful material or activity on BAWABT ALSHARQ’s marketplace, or any material or activity that breaches these general terms and conditions, you may inform BAWABT ALSHARQ.

Our rights to use your content

  • You grant to BAWABT ALSHARQ a worldwide, irrevocable and non-exclusive license to use, reproduce, store, adapt, publish, translate and distribute your content across BAWABT ALSHARQ’s marketing channels and any existing or future media.
  • You grant to BAWABT ALSHARQ the right to sub-license the rights licensed.
  • You grant to BAWABT ALSHARQ the right to bring an action for infringement of the rights licensed.
  • You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable Egyptian law.
  • Without prejudice to our other rights under these general terms and conditions, if you breach BAWABT ALSHARQ rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublished or edit any or all of your content.

Use of website and mobile applications

  • “marketplace” and "website” shall be used interchangeably to refer to BAWABT ALSHARQ’s websites and mobile applications.
  • You may:
    • view pages from BAWABT ALSHARQ’s website in a web browser.
    • download pages from BAWABT ALSHARQ’s website for caching in a web browser.
    • print pages from BAWABT ALSHARQ’s website for your own personal and non-commercial use, providing that such printing is not systematic or excessive.
    • stream audio and video files from BAWABT ALSHARQ’s website using the media player on our website.
    • use BAWABT ALSHARQ’s marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.
  • Except as expressly permitted by the other provisions of these general terms and conditions, you must not download any material from BAWABT ALSHARQ’s website or save any such material to your computer.
  • You may only use BAWABT ALSHARQ’s website for your own personal and business purposes in respect of selling or purchasing products on BAWABT ALSHARQ’s website.
  • Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on BAWABT ALSHARQ’s website.
  • Unless you own or control the relevant rights in the material, you must not:
    • republish material from BAWABT ALSHARQ’s website (including republication on another website).
    • sell, rent or sub-license material from BAWABT ALSHARQ’s website.
    • show any material from BAWABT ALSHARQ’s website in public.
    • exploit material for a commercial purpose.
    • redistribute material.
  • you may forward links to products on BAWABT ALSHARQ’s website and redistribute our newsletter and promotional materials in print and electronic form to any person.
  • We reserve the right to suspend or restrict access to BAWABT ALSHARQ’s website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
  • You must not:
    • use BAWABT ALSHARQ’s website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website.
    • use BAWABT ALSHARQ’s website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    • hack or otherwise tamper with BAWABT ALSHARQ’s website.
    • probe, scan or test the vulnerability of BAWABT ALSHARQ’s website without our permission.
    • circumvent any authentication or security systems or processes on or relating to our website.
    • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
    • decrypt or decipher any communications sent by or to BAWABT ALSHARQ’s website without our permission.
    • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
    • access or otherwise interact with BAWABT ALSHARQ’s website using any robot, spider or other automated means, except for the purpose of search engine indexing.
    • use our website except by means of our public interfaces.
    • violate the directives set out in the robots.txt file for BAWABT ALSHARQ’s website.
    • use data collected from BAWABT ALSHARQ’s website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    • do anything that interferes with the normal use of BAWABT ALSHARQ’s website.

Copyright and trademarks

  • Subject to the express provisions of these general terms and conditions:
    • BAWABT ALSHARQ, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and application.
    • all the copyright and other intellectual property rights in BAWABT ALSHARQ’s website and the material on our website are reserved.
  • BAWABT ALSHARQ’s logos and our other registered and unregistered trademarks are trademarks belonging to BAWABT ALSHARQ; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
  • The third party registered and unregistered trademarks or service marks on BAWABT ALSHARQ’s website are the property of their respective owners and BAWABT ALSHARQ do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Data privacy

  • Buyers agree to processing of their personal data in accordance with the terms of BAWABT ALSHARQ’s Privacy and Cookie Notice.
  • BAWABT ALSHARQ shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
  • Sellers shall be directly responsible to buyers for any misuse of their personal data and BAWABT ALSHARQ shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

BAWABT ALSHARQ’s role as a marketplace

You acknowledge that:

  • we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them.
  • we do not check, audit or monitor all information contained in listings.
  • we are not party to any contract for the sale or purchase of products advertised on the marketplace.
  • we are not involved in any transaction between a buyer and a seller in any way.
  • we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
  • We do not warrant or represent:
    • the completeness or accuracy of the information published on our marketplace.
    • that the material on the marketplace is up to date.
    • that the marketplace will operate without fault.
    • that the marketplace or any service on the marketplace will remain available.
  • We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
  • We do not guarantee any commercial results concerning the use of the marketplace.

Limitations and exclusions of liability

  • Nothing in these general terms and conditions will:
    • limit any liabilities in any way that is not permitted under applicable law.
    • exclude any liabilities or statutory rights that may not be excluded under applicable law.
  • The limitations and exclusions of liability set out in these general terms and conditions:
    • govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.
  • In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
  • Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract.
  • BAWABT ALSHARQ will not be liable to you for any loss or damage of any nature, including in respect of:
    • any losses occasioned by any interruption or dysfunction to the website.
    • any losses arising out of any event or events beyond our reasonable control.
    • any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    • any loss or corruption of any data, database or software.
    • any special, indirect or consequential loss or damage.
  • We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions.

Indemnification

  • You hereby indemnify us, and undertake to keep us indemnified, against:
    • any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the BAWABT ALSHARQ codes, policies or guidelines.
    • any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

Breaches of these general terms and conditions

  • If we permit the registration of an account on our marketplace it will remain open throughout the duration of the contract, subject to these general terms and conditions.
  • If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any BAWABT ALSHARQ codes, policies or guidelines in any way we may:
    • temporarily suspend your access to our marketplace.
    • permanently prohibit you from accessing our marketplace.
    • block computers using your IP address from accessing our marketplace.
    • contact any or all of your internet service providers and request that they block your access to our marketplace.
    • suspend or delete your account on our marketplace.
    • commence legal action against you, whether for breach of contract or otherwise.
  • Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

  • We may revise these general terms and conditions, the seller terms and conditions, and the BAWABT ALSHARQ codes, policies and guidelines from time to time.
  • The revised general terms and conditions shall apply from the date of publication on the marketplace.

Law and jurisdiction

  • These general terms and conditions shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt.
  • Any conflicts, disputes or differences arising from the implementation, interpretation or implementation of these terms and conditions shall be settled by arbitration by a single arbitrator appointed in accordance with the rules of the Cairo Regional Centre for International Commercial Arbitration (CRCICA).
  • The arbitrator shall be a legally trained person and expert in information technology and independent of either party. The venue of arbitration is Cairo.
  • The arbitrator's decision, despite the above, shall be final and binding, and may be entered into any court with jurisdiction and executed in accordance with the arbitration law.
  • The website shall reserve the right to pursue the protection of intellectual property rights and confidential information through radical and fair equity through the competent courts.
  • Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of Cairo courts.