Terms and conditions
Welcome to Zogha site and application. These are the terms and conditions governing your access to and use of the website Zogha site and application and its related sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Zogha site and application ("we", "us" or "Zogha site and application") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
2. Eligibility for Membership
Zogha site and application wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Zogha site and application under this User Agreement or at law, Zogha site and application reserves the right to limit or withdraw access to the Site or the membership of any person if Zogha site and application believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Zogha site and application. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
3. Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
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. You agree to immediately notify Zogha site and application of any unauthorized use of your password or account or any other breach of security. In no event will Zogha site and application be liable for any direct, indirect or consequential loss or loss of profits, good will or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Zogha site and application for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by Zogha site and application's registration form (the "Registration Data").
You will not include: the word "Zogha" in your registration user ID.
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Zogha site and application has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Zogha site and application under this User Agreement or at law, Zogha site and application has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Zogha site and application may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Zogha site and application upon such requests. You acknowledge and agree that if you do not, Zogha site and application without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
4. Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Zogha site and application requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
5. Amendments to this User Agreement
You acknowledge and agree that Zogha site and application shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Zogha site and application at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
6. Fees and Services
Zogha site and application is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. Zogha site and application does not charge any fee for browsing.
Zogha site and application may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Zogha site and application (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Zogha site and application with a valid payment method as set out in our Fees & Credit Policy .
7. Your Information
8. Use of the Site
By accepting the Terms you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
You agree that in using the Website you will not:
1. Use the Website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way.
2. Use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party.
3. We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behavior. This shall not limit our right to take any other action against you that we consider appropriate.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Zogha site and application, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Zogha site and application and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Zogha site and application" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Zogha site and application and are protected by international trademark and other intellectual property rights and laws. Zogha site and application's trademarks may not be used in connection with any product or service that is not Zogha site and application's nor in any manner that disparages or discredits Zogha site and application. All other trademarks not owned by Zogha site and application that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zogha site and application.
11. Abusing Zogha site and application
Please report problems of any kind or violations of this User Agreement to Zogha site and application. If you believe that your intellectual property rights have been violated, please notify Zogha site and application. Without prejudice to any other rights and remedies of Zogha site and application under this User Agreement or at law, Zogha site and application may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Zogha site and application can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
12. Buyer Protection
Zogha site and application has a "Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud.
13. Platform for Communication
1. Zogha site and application is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
2. Zogha site and application does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, Zogha site and application does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is Zogha site and application a supplier or manufacturer of any items sold by users or purchased by users.
Zogha site and application does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
3. Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and Zogha site and application holds no responsibility in respect of such arrangements.
4. Zogha site and application accepts no liability for any errors or omissions on behalf of third parties.
5. Zogha site and application excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
15. Breach of User Agreement
Without prejudice to any other rights and remedies of Zogha site and application under this User Agreement or at law or otherwise, Zogha site and application may immediately and without liability: limit your activity, limit or withdraw your membership, and/or limit or
withdraw your access to the Site:
If you breach this User Agreement;
If Zogha site and application is unable to verify or authenticate any information you provide; or
If Zogha site and application believes (in its sole discretion) that your actions may cause legal liability for you, other users or Zogha site and application.
Zogha site and application may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Zogha site and application or use the Site in any manner whatsoever until such time that such user is reinstated by Zogha site and application. Notwithstanding the foregoing, if you breach this User Agreement Zogha site and application reserves the right to recover any amounts due and owing by you to Zogha site and application or any losses and damages caused by you to Zogha site and application and to take such steps including legal action and/or the initiation of criminal proceedings against you as Zogha site and application in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Zogha site and application's right to take any actions with respect to that, or subsequent or similar breaches. Zogha site and application does not guarantee that it will take action against all breaches that there may be of this User Agreement.
16. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Zogha site and application under this User Agreement or at law or otherwise, Zogha site and application may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
17. No Warranty
Zogha site and application provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Zogha site and application makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Zogha site and application makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Zogha site and application has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
18. Limitation of Liabilities
To the extent permitted by law, Zogha site and application, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Zogha site and application has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Zogha site and application and Zogha site and application shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Zogha site and application and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
20. Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Zogha site and application and you shall have no authority to bind Zogha site and application in any manner whatsoever.
If any dispute, claim, controversy or difference (including in relation to any tortuous or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
22. Transfer of Rights and Obligations
You hereby grant Zogha site and application the right to, and irrevocably acknowledge and agree that Zogha site and application may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Zogha site and application agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Zogha site and application, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Zogha site and application.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Zogha site and application with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
24. Governing Law
This User Agreement is governed by, and construed in accordance with, Kuwait law. This clause will survive any expiry or cancellation of this User Agreement for any reason.