MawadOnline Terms of Use

MawadOnline Terms of Use

V. 24082024

Introduction

Welcome to www.mawadonline.com (the “Site”). The Site is owned and operated by Vendolista eCommerce L.L.C., a limited liability company registered in the United Arab Emirates (“UAE”) under license number 3779427, with its office located at Mazyad Mall Office Towers, Building 2, MBZ, Abu Dhabi, UAE (“we”, “our” or “us”).

These Terms of Use, along with all policies and additional terms (if applicable) posted on the Site, set forth the terms and conditions on which we offer you access to and use of our Site, services, and applications, including our mobile application (collectively, the “Services”). You can review all of our policies and additional terms here: www.mawadonline.com (collectively referred to as “Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.

By accessing, registering, and/or continuing to use or access our Services, you agree to be bound by these Terms of Use and the Legal Documents with immediate effect. We reserve the right to modify these Terms of Use and the Legal Documents at any time. Your continued use of the Site following any such changes constitutes your acceptance of these modifications.

References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity, as applicable.

 About Our Site

The Site operates as an e-commerce platform that facilitates the offering and selling of products by Vendors, and the purchasing of products by individuals and enterprise entities. MawadOnline serves as a facilitator, connecting Vendors with buyers through a streamlined, secure, and efficient marketplace dedicated to the construction industry.

We reserve the right to introduce new Services, update existing ones, or withdraw any of the Services at our sole discretion. We will not be liable to you for exercising this discretion.

1. Eligibility and Registration Requirements

You are eligible to register as a buyer or Vendor and benefit from the Services if you meet the following eligibility criteria:

For Buyers:

a)      You are above the legal age for purchasing products in your country of residence.

b)      You are able to provide an address in the UAE for the delivery of products.

For Vendors:

a)      You are a legal entity duly registered in your jurisdiction.

b)      You hold a current and valid trade license.

c)       You provide proof of authorization for the individual who will be registering and using the Site on behalf of your entity.

d)      You provide identification for the authorized person.

e)      You can provide valid supporting bank details.

f)        You acknowledge and agree that for certain product categories, additional requirements may be applicable.

In order to register on the Site, you will need to provide us with certain information. Your registration may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation and to undertake such checks as are necessary to verify your identity.

Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to payment of fees, suspension, or termination in accordance with Clause 6 of these Terms of Use.

2. Your Obligation

When using or accessing the Services, you agree that:

a)      You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password. You accept responsibility for all activities that occur under your account and password.

b)      You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

c)       You will provide true, accurate, current, and complete information about yourself and your use of the Services as required by us.

d)      You will not disclose to any third party (except as required or requested by us) any user’s information provided to you.

e)      You will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.

When using or accessing the Services, you agree that you will not:

a)      Post, list, or upload any information that is disrespectful or contemptuous of God or something considered sacred, defamatory, obscene, libelous, invades someone else's privacy, hateful, racially or ethnically offensive, disparaging, related to money laundering or gambling, or otherwise illegal in any way.

b)      Post, list, or upload content or items in inappropriate or prohibited categories or areas on our Site, including:

·         Content or items that may be considered culturally or religiously offensive in any way.

·         Content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics, and traditions.

·         Content or items that may threaten national security.

·         Content or items which may constitute or be considered to promote gambling.

·         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.

·         Weapons of any description.

·         Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, and medicines.

·         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.

·         Non-transferable vouchers.

·         non-legal or unapproved construction chemicals.

c)       Post items you do not have the right to link to or include.

d)      Post counterfeit or stolen items.

e)      Breach or circumvent any laws, third-party rights, or our systems, policies, or determinations of your account status.

f)        Use our Services if you no longer fulfill the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services.

g)      Fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies.

h)      Fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies.

i)        Use the contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website.

j)        Manipulate the price of any item.

k)      Interfere with any other user’s listings.

l)        Take any action that may undermine the Site’s feedback and ratings systems.

m)   Post false, inaccurate, misleading, deceptive, defamatory, or similar content.

n)      Transfer your account to another party without our prior written consent.

o)      Distribute or post spam, unsolicited or bulk electronic communications, or similar.

p)      Distribute viruses or any other technologies that may harm our Services or the interests or property of other users.

q)      Infringe:

·         The copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights”) that belong to or are licensed to us; or

·         Any Intellectual Property Rights that belong to third parties.

·         Harvest or otherwise collect information about users without their consent; or

·         Circumvent any technical measures we use to provide the Services.

3. Warranties, Representations & Undertakings

You warrant, represent, and undertake that:

a)      You shall fully comply and will at all times continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and content regulations.

b)      You have full power and authority to enter into these Terms of Use, and the execution and performance of your obligations under these Terms of Use does not conflict with:

·         Any laws, rules, regulations, or governmental guidelines to which you are subject.

·         Any other agreements to which you are a party or by which you are otherwise bound.

c)       If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such an account is deemed to be owned and controlled by the business entity.

d)      You own or have the authority to grant the rights and licenses granted to us by you under these Terms of Use.

e)      Any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world, including, without limitation, any Intellectual Property Rights (whether registered or not).

Subject to clause 4, the Services are provided to you on an “as is” basis without representations, warranties, or conditions of any kind. We disclaim all warranties, conditions, and representations of any kind, whether express, implied, or collateral, including, but not limited to, all conditions, representations, or warranties of merchantability, fitness for a particular or general purpose, non-infringement, compatibility, or that the Services are secure, error-free, will operate without interruption, or will be provided in a timely or proper manner.

Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a Vendor, it is your responsibility to review the content of your listings for accuracy, and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.

4. Liability & Indemnities

Nothing in these Terms of Use shall limit or exclude a party’s liability:

a)      For fraud, including fraudulent misrepresentation, perpetrated by that party.

b)      For death or personal injury caused by the negligence of that party; or

c)       For any other liability that cannot be limited or excluded under applicable law.

Subject to clause ‎4, in no event will we, our parent company, subsidiaries, and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty, or otherwise arising out of or in relation to these Terms of Use for loss of profits, loss of data or information, business interruption, or other pecuniary loss, or for any special, indirect, incidental, or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors, or suppliers have been advised of the possibility of such damages.

In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

a)      The content or other information you provide when using the Services.

b)      Your use of or your inability to use our Services.

c)       Pricing, shipping, format, or other guidance provided by us.

d)      Delays or disruptions in our Services.

e)      Viruses or other malicious software obtained by accessing or linking to our Services.

f)        Bugs, errors, or inaccuracies of any kind in our Services.

g)      Damage to your hardware device from the use of products sold on the Site or our Services.

h)      The content, actions, or inactions of third parties using our Services.

i)        A suspension or other action taken by us with respect to your use of the Services.

j)        The duration or manner in which your listings appear in search results; or

k)      Your need to modify practices, content, or behaviour, or your loss of or inability to do business as a result of changes to these Terms of Use.

Subject to clause 4, if any provisions in this section are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries, and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors, to you, whether based on an action or claim in contract, negligence, or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to the lower of:

a)      The price the item sold for on our Site and its original shipping costs.

b)      The amount of fees in dispute, not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability.

c)       AED 300.

You agree to indemnify and hold us, our parent company, subsidiaries, and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors harmless from and against any losses, damages, and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:

a)      Any claims or demands made by any third party due to or arising out of your use of the Services.

b)      Your violation of any of the provisions of these Terms of Use, including, without limitation, any of the warranties, representations, and undertakings.

c)       Your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or

d)      The manner in which you use our Services, including, without limitation, that the content you post, the items you list, or your trademarks infringe the Intellectual Property Rights of any third party, or that the content of your listings is slanderous, defamatory, obscene, or violates any other rights (including privacy rights) of any third party (including other Site users).

5. Suspension, Termination & Cancellation

We may, at our sole discretion and without prejudice to any of our rights and remedies, and without any liability to you, limit, suspend, or permanently withdraw your access to our Services, cancel any product(s) order, and/or remove hosted content submitted by you for any reason, including, without limitation, the following:

a)      If we believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use.

b)      If you use our Platform or Services for any unlawful or fraudulent purposes, in connection with a criminal offense, or if you abuse our policies and rules.

c)       If you are suspected of inventory abuse or placing bulk orders. The following (without limitation) shall constitute inventory abuse or placing bulk orders:

• Products ordered are not for self-consumption but for commercial resale.
• Multiple orders placed for the same product at the same address, depending on the product category.
• Bulk quantity of the same product ordered.
• Invalid address provided in order details.
• Any abuse or fraud used to place the order.
• Any order placed using a technological glitch/loophole.

We reserve the right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provide false, incomplete, or misleading information. You may be considered to be engaging in fraudulent activities if any of the following (without limitation) are met:

d)      You do not reply to the payment verification email sent by us.

e)      You fail to produce adequate documents during payment details verification.

f)        You misuse credentials not belonging to you.

g)      You use an invalid address, email, or phone number.

h)      You attempt to overuse a voucher code.

i)        You return the wrong or damaged product.

j)        You refuse to pay for an order.

k)      You abuse or harass the delivery staff.

l)        You engage in miscellaneous activities conducted with the sole intention of causing loss to the business/revenue of Vendolista E-commerce & www.mawadonline.com.

m)   Your return or undeliverable rate is very high, and often the returned products are missing, fake, or damaged.

n)      You repeatedly request monetary compensation without valid reasons.

If your access to our Services or our Platform is terminated for any reason, we may delete any content or other materials related to your use of the Service (including any credits earned through loyalty programs or reward points), and we will have no liability to you or any third party for doing so. However, your transaction details may be preserved by us for purposes of tax or regulatory compliance.

For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.

6. Reporting Violations of These Terms of Use

We are committed to ensuring that all listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us using the contact details provided in clause ‎8.12. We will investigate the matter promptly.

7. MawadOnline Affiliates & Additional Functions

MawadOnline, owned by Vendolista E-commerce and/or its affiliates ("MawadOnline’s Affiliates"), provides website features, products, and services to you when you use or sign up as a buyer and/or Vendor on the Site. “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person.

To enhance your experience across the Site and with MawadOnline’s Affiliates, you hereby agree that we may set up additional services, functions, and/or accounts on your behalf using the information you provide to us on the Site.

8. General

Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Abu Dhabi.

Dispute Resolution. If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the ADGM Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the Abu Dhabi Global Market. The language to be used in the arbitration shall be English.

Third-Party Rights. A person who is not a party to these Terms of Use has no right to enforce any of its terms.

Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture, or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.

Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document, and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.

Assignment. These Terms of Use will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

Entire Agreement. These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations, and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings, or agreements between the parties, whether direct, indirect, collateral, express, or implied.

Amendment. These Terms of Use cannot be modified, varied, amended, or supplemented in any way by you. We reserve the right to modify, vary, amend, or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site, and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and acceptance of these Terms of Use as so modified.

Severability. If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms of Use, and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party, whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial, or regulatory acts of any provincial or federal government, court, or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or Services to us, labour disruptions, blackouts, embargoes).

No Waiver. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision unless expressly provided by us in writing.

Communications. You may contact us through email ([email protected]), social media, or live chat on the Site.

Survival. All provisions that either expressly or by their nature survive will survive the suspension or termination of your membership on the Site.