General Terms and Conditions of Use of the Marketplace for Buyers and Sellers

1. Introduction

1.1. “EMARATI BRANDS” is the trading name which operates an e-commerce platform consisting of a website and mobile application (“marketplace”) together with supporting IT logistics and payment infrastructure for the sale and purchase of consumer products and services (“products”) in its allocated territory.

1.2. These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

1.3. By using our marketplace, 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 our marketplace.

1.4. If you use our marketplace in the course of a business or other organizational project then by so doing you:

• 1.4.1. Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
• 1.4.2. bind both yourself and the person company or other legal entity that operates that business or organizational project to these general terms and conditions; and
• 1.4.3. agree that you in these general terms and conditions shall reference both the individual user and the relevant person company or legal entity unless the context requires otherwise.

2. Registration and account

2.1.  You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age).

2.2. If you register for an account with our marketplace you will be asked to provide an email address/user ID and password and you agree to:

• 2.2.1. keep your password confidential;
• 2.2.2. Notify us in writing immediately if you become aware of any disclosure of your password.
• 2.2.3. be responsible for any activity on our 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.

2.2.4. 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.

2.2.5. We 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 our marketplace by contacting us

3. Terms and conditions of sale

3.1. You acknowledge and agree that:

• 3.1.1. the marketplace provides an online location for sellers to sell and buyers to purchase products;
• 3.1.2. we shall accept binding sales on behalf of sellers but (unless EMARATI BRANDS is indicated as the seller) EMARATI BRANDS is not a party to the transaction between the seller and the buyer;
• 3.1.3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller and accordingly you commit to buying or selling the relevant product or products upon the buyer’s confirmation of purchase via the marketplace.

3.2. Subject to these general terms and conditions the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

• 3.2.1. the price for a product will be as stated in the relevant product listing;
• 3.2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
• 3.2.3. delivery charges packaging charges handling charges administrative charges insurance costs other ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically;
• 3.2.4. products must be of satisfactory quality fit and safe for any purpose specified in and conform in all material respects to the product listing and any other description of the products supplied or made available by the seller to the buyer;
• 3.2.5. in respect of physical products sold the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products and/or has the right to supply the products pursuant to this agreement and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal insolvency or tax investigation or proceedings; and in respect of digital products the seller warrants that the seller has the right to supply the digital products to the buyer.

4. Returns and refunds:

4.1. Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace as may be amended from time to time. Acceptance of returns shall be in our discretion subject to compliance with applicable laws.

4.2. Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace as may be amended from time to time. Our rules on refunds shall be exercised in our discretion subject to applicable laws of the territory. We may offer refunds in our discretion

• 4.2.1. in respect of the product price;
• 4.2.2. local and/or international shipping fees (as stated on the refunds page) and by way of store credits vouchers mobile money transfer bank transfers or such other methods as we may determine from time to time.
• 4.3. Returned products shall be accepted and refunds issued by EMARATI BRANDS acting for and on behalf of the seller. Notwithstanding paragraphs 4.1 and 4.2 above in respect of digital products or services and fresh food EMARATI BRANDS shall issue refunds in respect of failures in delivery only. Refunds of payment for such products for any other reasons shall be subject to the seller’s terms and conditions of sale.
• 4.4. Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.

 

·        5. Payments

§  You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

5. Our rights to use your content

5.1 - You grant to us a worldwide irrevocable non-exclusive royalty-free license to use reproduce store adapt publish translate and distribute your content on our marketplace and across our marketing channels and any existing or future media.

5.2 - You grant to us the right to sub-license the rights licensed under section 9.1

5.3 - You grant to us the right to bring an action for infringement of the rights licensed under section 9.1

5.4 - 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 law.

5.5 - Without prejudice to our other rights under these general terms and conditions if you breach our rules on content in any way or if we reasonably suspect that you have breached our rules on content we may delete unpublish or edit any or all of your content.

6. Data privacy

6.1. Buyers agree to processing of their personal data in accordance with the terms of EMARATI BRANDS’s Privacy and Cookie Notice.

6.2. EMARATI BRANDS 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.

6.3. Sellers shall be directly responsible to buyers for any misuse of their personal data and EMARATI BRANDS shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

7. Due diligence and audit rights

7.1. We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.

7.2. You agree to provide to us all such information documentation and access to your business premises as we may require:

• 7.2.1. in order to verify your adherence to and performance of your obligations under these terms and conditions;
• 7.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
• 7.2.3. as otherwise required by law or applicable regulation.

8. Breaches of these general terms and conditions

8.1. If we permit the registration of an account on our marketplace it will remain open indefinitely subject to these general terms and conditions.

8.2. If you breach these general terms and conditions or if we reasonably suspect that you have breached these general terms and conditions or any EMARATI BRANDS codes policies or guidelines in any way we may:

8.2.1. temporarily suspend your access to our marketplace;

8.2.2. permanently prohibit you from accessing our marketplace;

8.2.3. block computers using your IP address from accessing our marketplace;

8.2.4. contact any or all of your internet service providers and request that they block your access to our marketplace;

8.2.5. suspend or delete your account on our marketplace; and/or

8.2.6. commence legal action against you whether for breach of contract or otherwise.

8.3. 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).