Welcome to WeMENA. These are the terms and conditions governing your access to and use of the website WeMENA and its related sub-domains, 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 WeMENA Ltd (“we”, “us” or “WeMENA”) 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.
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:
WeMENA 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 WeMENA upon such requests. You acknowledge and agree that if you do not, WeMENA 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.
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. WeMENA 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.
Amendments to this User Agreement
You acknowledge and agree that WeMENA 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 WeMENA 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.
Use of the Site
While using the Site, you will not:
You undertake, represent and warrant that:
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 WeMENA, 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 WeMENA and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
“WeMENA” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of WeMENA and are protected by international trademark and other intellectual property rights and laws. WeMENA’s trademarks may not be used in connection with any product or service that is not WeMENA’s nor in any manner that disparages or discredits WeMENA. All other trademarks not owned by WeMENA 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 WeMENA.
Please report problems of any kind or violations of this User Agreement to WeMENA. If you believe that your intellectual property rights have been violated, please notify WeMENA. Without prejudice to any other rights and remedies of WeMENA under this User Agreement or at law, WeMENA 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 WeMENA 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.
Platform for Communication
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. WeMENA does not buy or sell items. WeMENA is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold WeMENA responsible for other users’ content, actions, or inactions, or items or Information they list or post. In particular:
WeMENA and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Sellers goods/Items within sixty (60) days after receipt by the Courier Company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to WeMENA to destroy and/or liquated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to WeMENA. Furthermore, WeMENA is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller.
Breach of User Agreement
Without prejudice to any other rights and remedies of WeMENA under this User Agreement or at law or otherwise, WeMENA may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
WeMENA 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 WeMENA or use the Site in any manner whatsoever until such time that such user is reinstated by WeMENA. Notwithstanding the foregoing, if you breach this User Agreement WeMENA reserves the right to recover any amounts due and owing by you to WeMENA or any losses and damages caused by you to WeMENA and to take such steps including legal action and/or the initiation of criminal proceedings against you as WeMENA 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 WeMENA’s right to take any actions with respect to that, or subsequent or similar breaches. WeMENA does not guarantee that it will take action against all breaches that there may be of this User Agreement.
Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of WeMENA under this User Agreement or at law or otherwise, WeMENA 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.
WeMENA 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. WeMENA 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. WeMENA 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 WeMENA has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
Limitation of Liabilities
To the extent permitted by law, WeMENA, 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 WeMENA 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 unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to WeMENA and WeMENA shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold WeMENA 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.
Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and WeMENA and you shall have no authority to bind WeMENA in any manner whatsoever. Except as explicitly stated otherwise, any notices to WeMENA from you shall be given by you by email to WeMENA at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by WeMENA by return email. Any notices to you from WeMENA shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
Transfer of Rights and Obligations
You hereby grant WeMENA the right to, and irrevocably acknowledge and agree that WeMENA 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. WeMENA agrees to use all reasonable endeavours 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 WeMENA, 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 WeMENA.
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 WeMENA 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.
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.