2. Support

Terms

Introduction
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.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and WeMENA’s Privacy Policy (the “Privacy Policy”). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of WeMENA. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

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 WeMENA of any unauthorised use of your password or account or any other breach of security. In no event will WeMENA be liable for any direct, indirect or consequential loss or loss of profits, goodwill 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 WeMENA for any improper, unauthorised 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 authorised such access.
  • You will provide true, accurate, current and complete information about yourself as prompted by WeMENA’s registration form (the “Registration Data”).
  • You will treat any other member’s information provided to you (in accordance with these terms of use and the information on the Site) by WeMENA or any other user as confidential.
  • 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 WeMENA 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 WeMENA under this User Agreement or at law, WeMENA has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

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.

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. 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.

Your Information
You grant WeMENA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

Use of the Site
While using the Site, you will not:

  • post Information or content or list items in an inappropriate category or areas on our Site;
  • post items you do not have a right to link to or include;
  • post items that are concurrently listed for sale on a website other than the Site;
  • post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
  • post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
  • post counterfeit or stolen items;
  • post Information or items which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
  • post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
  • post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
  • post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
  • post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
  • post Information or content or list items which may (in our sole discretion) threaten national security;
  • post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
  • use “keyword spamming” in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
  • attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
  • use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
  • claim an item was not sold when in WeMENA’s sole discretion the item was sold in accordance with this User Agreement and the Site’s policies;
  • in case of purchase of/placing a successful bid for an artwork which is marked as “non-exportable” on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
  • manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
  • circumvent or manipulate our fee structure, the billing process, or fees owed to WeMENA;
  • take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to WeMENA);
  • transfer your Site account (including feedback) and username to another party without our consent;
  • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Site;
  • attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
  • export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
  • violate any laws, rules, regulations, guidelines, third party rights or our policies;
  • directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
    • securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
    • living or dead creatures and/or the 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;
    • weapons of any description;
    • liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
    • religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
    • antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
    • used cellular phone SIM Cards, except if the transaction is in accordance with the local operators’ rules pertaining to transfer of ownership of the same;
    • items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
    • fresh food;
    • non-transferable vouchers; and chemicals.

You undertake, represent and warrant that:

  1. you are 18 years of age or over the age of 18 years;
  2. if you are a corporate representative, you have authority to bind the corporate entity;
  3. you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
  4. you will inform WeMENA of any postings, items or transactions which appear to be in violation of this User Agreement;
  5. you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
  6. information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
  7. you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of WeMENA;
  8. you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
  9. you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
  10. you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

Copyright
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.

Trademarks
“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.

Abusing 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:

  1. WeMENA is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with WeMENA nor shall WeMENA have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
  2. WeMENA is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
  3. WeMENA is not required to mediate or resolve any dispute or disagreement between users.
  4. WeMENA has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
  5. WeMENA 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, WeMENA does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is WeMENA a supplier or manufacturer of any items sold by users or purchased by users.
  6. WeMENA 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.
  7. The Site may include links to third party websites that are controlled by and maintained by others. WeMENA cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that WeMENA is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
  8. Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and WeMENA holds no responsibility in respect of such arrangements.
  9. WeMENA accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  10. WeMENA 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.
  11. You release and indemnify WeMENA and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.

Undeliverable Items
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:

  1. If you breach this User Agreement;
  2. If WeMENA is unable to verify or authenticate any information you provide; or
  3. If WeMENA believes (in its sole discretion) that your actions may cause legal liability for you, other users or WeMENA 

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.

No Warranty
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.

 Indemnity
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 legal@wemena.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. 

General
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. 

Governing Law
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.