TERMS AND CONDITIONS

INTRODUCTION: The Terms of Use of the electronic application and the Heyraat website (referred to as website "Heyraat") operated by Heyraat E-store, sole proprietorship Establishment registered with the Department of Economic Development in the Emirate of Dubai with license No 795911 dated 6-Dec-2017.

Heyraat has been licensed to trade electronically through the websites (referred to as "Heyraat e-store") and shall be applicable to all users of the website (referred to as "You" and "Your"). Your access to the website is deemed as acceptance on your part on the following terms and conditions and on the Privacy Policy and any other related policies, terms, conditions and notices (collectively the "Terms of Use") that are currently applied on your use of the website or applied on without any restriction.

If you do not agree to the terms of use, you must refrain from using or accessing the website.

 

  1. DEFINITION OF TERMS

 

1.1 Capitalized terms or terms in bold have the meanings given to them in these Terms of Use. Seller, shall mean an individual who elects to create a Seller account and/or register on the Site. Buyer, is also known as the consumer, shall mean an individual who benefits from the product or service provided by Seller.

1.2 Unless otherwise defined, the definitions and provisions in respect of interpretation set out in will apply to these Terms & Conditions of Sale.

 

  1. SELLER AND BUYER DUTIES AND RESPONSIBILITIES  

2.1 The seller or the buyer in all sales and requests made by either party shall abide by all laws and regulations in force in the United Arab Emirates, through which the sale and purchase transactions were handled through the website even if it isn't mentioned within these conditions, no party will be exempted from legal liability resulting from violation of the law because of its ignorance of the law. Heyraat does not bear any legal liability in the event of any violation committed by any party using the website and the electronic application of Heyraat.

2.2 Heyraat has no relationship or provides any warranty or incurs any liability for the quality of the products contracted through the sale and purchase orders made through the Heyraat website.

2.3 The seller shall be bound to offer a particular product, or service, under the conditions of public safety, and it bears individually any liability and/or damages inflicted on the buyer or the consumer which may result from the use or consumption of any corrupt product that is offered through the electronic application of Heyraat website.

2.4 The Seller must ensure that the products and services offered correspond to the specifications uploaded on the website. It is seller’s duties not to place any misleading information or advertisement. And if found in breaching the terms and condition, seller must accept return or refund of products and maybe held liable.

2.5 The buyer knows and acknowledges that he has no relationship, control or hold liability on Heyraat website in respect of the corrupt products and the resulting damages.

2.6 Heyraat reserves the right to stop the service from any of the sellers in the event of non-payment of the due annual fees from the use of the site or any fees resulting from the sale and purchase orders through the website. Heyraat doesn't bear any liability for the stoppage of the website such as force majeure or adjudications or technical malfunctions.

 

  1. INTELLECTUAL PROPERTY RIGHTS

3.1 All intellectual property rights in the contents of the website are owned by Heyraat E-store or its licensors or licensed bodies with content and protected by the laws of authorship, copying, publishing, trademarks and any other applicable laws.

3.2 All contents included in the electronic application of Heyraat E-store website, including but not limited to text, graphic forms, logos, button icons, images, software, movies, audio tracks, downloads, interfaces, software instructions and software transfers for all contents on the website are owned exclusively by Heyraat E-store or licensed bodies and these contents are protected by international copyright laws, copyrights, trademarks, and other applicable laws.

3.3 All trademarks, logos, service marks, and trade names appearing on Heyraat E-store website represent the registered and/or unregistered trademarks of Heyraat E-store, or its affiliates or third parties of owners of trademarks or trade names.

3.4 It isn't permissible to copy any part of the electronic application or reproduce, amend, broadcast, store or utilize it for commercial profits as part of any other website or in any other form whether electronic or otherwise, without obtaining a prior written consent of Heyraat E-store, but you may print extracts from the website or download them to a hard drive or other storage device for your personal use or internal use of a business. However, it is strictly prohibited to use the content on the website in any other way, including reproduction, modification, distribution, transmission, republishing, display or application of the content, which constitutes a breach of the published terms of use. Your use of the website does not entitle you to any intellectual property rights in its contents other than the limited right of use granted to you under the Terms of Use. Any unauthorized use of the Website may violate intellectual property laws, privacy and public laws, and communications regulations and legislation.

  1. USE OF THE ELECTRONIC WEBSITE AND THE ELECTRONIC APPLICATION

4.1 You may not use any automatic tool of "page-scrape", "robot", "spider" or any other hardware, software, algorithm, automated method, or similar manual process to access any part of the electronic application and Heyraat E-store website or getting or copying or control it, or for reproducing or fraud or proceeding to obstruct the website as well as attempting to obtain any materials, documents or information through any non-available mean intentionally through the website. You can't attempt any unauthorized access to any part of the website or any of its features, or to any other systems or networks connected to the Website, or to any of the services provided on or through the website, by hacking or obtaining password or any other illegal way.

4.2 Heyraat E-store has the right at any time to restrict or terminate your access to or use of the website or the application or your use of it if you violated any of the Terms of Use or any other reason whatsoever without notice. The termination or restriction of your access to or use of the website shall not constitute a waiver of or an impact on any right or other way of remedies entitled under the law or the rules of equity.

 

5  LINKS.

5.1 The contents of the electronic website and application may include links to other websites (referred to as "linked websites"). These links are provided to you only as a convenience and are not subject to the control of Heyraat E-store. The inclusion of any of the linked websites does not imply approval of Heyraat E-store. You acknowledge that your use of or reliance on any linked websites is made at your own liability. Heyraat E-store recommends reviewing the policy of privacy of the linked websites which you visit and their terms and conditions accurately. Heyraat E-store may block links pointing to the website. You must delete or discontinue any link immediately upon request of Heyraat E-store. You may not frame any part of the website's content by including advertising materials or other materials that generate revenue without the prior written consent of Heyraat E-store.

 

  1. REGISTRATION.

6.1 You can visit and view the products and services displayed by the sellers in Heyraat E-store website without the need for registration. On the other hand, if you wish to buy products and services from the registered sellers in the website, you must complete the registration process at Heyraat E-store. Once Heyraat E-store receives your registration request, you will receive an e-mail confirming the acceptance of your request. You must click on the link existed in this e-mail to activate the registration.

For the registration as a seller, you must first complete the registration mentioned above, then from the control panel of your account you will select to be a product seller or service provider. Heyraat E-store reserves the right to refuse any registration request of its own volition. After you complete the registration process. As a registered user, you must log in using your username and password. You must make sure that your password is kept safe and confidential and not disclosed to anyone else. You acknowledge your full responsibility for the password, and that it is necessary to notify Heyraat E-store immediately after any unauthorized use of it or any other security breach relating to your account. You acknowledge and agree that Heyraat E-store will not be liable for any loss or damage caused by the fraudulent use of the password and you exempt Heyraat E-store from all claims arising from the unauthorized use of the password. You acknowledge that Heyraat E-store has no liability whatsoever for the guarantee of novelty and update of any information about you or its completeness or accuracy, and you agree that you will follow and update any such information. You acknowledge that Heyraat E-store is entitled to terminate your registration at any time and for any reason without written notice. Once your registration has been terminated by Heyraat E-store, you will not be able to access any part of the website dedicated to registered users without the prior consent of Heyraat E-store. If you use the website to request Heyraat E-store to perform a task on your behalf, we will send an e-mail to the address you provided during the registration process to confirm that we have received your application. Although Heyraat E-store spends every effort to ensure that the possibility of depending on the services provided on the website as possible, but the nature of the internet means that we can't bear the responsibility of requests we have not confirmed them to you. Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website. User is responsible for maintaining the confidentiality of his account.

  1. FEES.

7.1 All prices on the electronic application and Heyraat E-store website are accurate to the knowledge of Heyraat E-store at the time of printing, but the website may include inaccurate data or unintended typographical errors corrected by the knowledge of Heyraat E-store upon their detection. All prices offered are subject to change at any time without notice. The information on the website may be updated regularly; therefore, some inaccuracies may occur during this process. Heyraat E-store reserves the right at any time to charge a fee to access certain parts of the website, but in all circumstances you will not bear the consideration of this access except after obtaining your previous consent on the payment and you acknowledge and agree that any estimate of the price or duration displayed by "Price Calculator" or "Transit Time Estimator" or any such other instrument existed on the website for the purpose of estimating the price or duration is just an estimate only and may differ from the actual prices or dates of the local or international transport of any shipments assigned to Heyraat E-store, which may be due to a number of reasons including but not limited to the actual dimensions of shipments, local fees and any unexpected delay in shipping. Visa or MasterCard debit and credit cards in United Arab Emirates Dirham (AED) will be accepted for payment. Cardholder must retain a copy of transaction records and Merchant policies and rules.

 

  1. PAYMENT CONFIRMATION

8.1 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

 

  1. MATERIALS PROVIDED:

9.1 Seller may provide materials through Heyraat E-store website but this necessitates the following:

(9.1A) To ensure that all rights in any material provided (including all intellectual property rights) are owned or controlled by seller and that such material is in compliance with the Terms of Use.

(9.1B) Heyraat E-store grants a non-exclusive, permanent, irrevocable and royalty-free and that can be fully transferred to use, reproduce, modify, adapt, publish, translate, distribute, display the materials provided and establish derivative works from anywhere in the world and in any medium.

(9.1C) To acknowledge that there is no confidentiality obligation with respect to the materials provided.

9.2 Seller may not upload, distribute or otherwise publish any content on the website that would:

(9.2A) Violate any third party's rights, including intellectual property rights;

(9.2B) Violate any applicable domestic, national or international law or regulation or the presented Terms of Use.

(9.2C) Become fraudulent or has a fraudulent purpose or effect.

(9.2D) Be contrary to public policy and / or known moral standards, including but not limited to: obscene or abusive messages; pornographic or obscene images; materials containing defamation or libel; harmful materials for juveniles and young children, materials that prompt discrimination against race, sex, religion, nationality, disability, sexual orientation or age; substances that may disturb, harass, irritate others or induce others to harm themselves.

(9.2E) Not consistent with reasonable use of the website.

 

  1. INDEMNITY.

10.1 You agree to hold Heyraat E-store harmless and its affiliates, officers, directors, employees, agents and representatives and to indemnify and hold them harmless against any and all claims, losses, liabilities, expenses, indemnities and costs (including reasonable legal fees) arising out of or in connection with, directly or indirectly, any violation breach by you of any of the Terms of Use or any activity you are doing that is connected to the website. Heyraat E-store reserves the right, without obligation to be responsible solely, at its own expense, to ward off the damages in any matter for which you are entitled to indemnity. In these cases, you agree to cooperate fully with Heyraat E-store in defense against this issue.

 

  1. DATA ENTRY.

11.1 Heyraat E-store may retain any data provided by you during the use of the website, and Heyraat E-store shall do so in accordance with our Policy of Privacy. You acknowledge that Heyraat E-store may delete this data at any time and acknowledge that you are solely responsible for backing up such data and that Heyraat E-store doesn't bear any liability for its loss or deletion.

 

  1. CONDITIONS OF TRANSPORT

12.1 You acknowledge and agree that domestic and international transport made by Heyraat E-store of any shipments assigned to Heyraat E-store through the Website is subject to the terms and conditions and limitation of liability provided for in the applicable terms and conditions and incorporated, by reference, under the presented Terms of Use. Heyraat will not trade with or provide any services to OFAC and sanctioned countries.

 

  1. LIMITATION OF LIABILITY

13.1 Heyraat E-store provides you with certain information and materials on a service basis either through Heyraat E-store or its suppliers or otherwise. The information and materials provided on the Website are provided "as they are" and are not processed with taking into account specific purposes, situations or needs of individual users and are provided without any warranties of any kind, whether they are explicit or implicit. HOME ORDER make no warranties or pledges regarding the use or results of use of the website or the relevant websites concerning the extent of their validity, accuracy, timeliness or reliability or otherwise. Heyraat E-store is not liable for any faults or incorrect data and does not bear any contractual or default liability (including negligence) or otherwise for any loss or damage whatever the causes (including direct, indirect, consequential or special damages or damages). You release Heyraat E-store from all claims resulting from any phrase or statement on the website. The sole and comprehensive remedy available to you for any of the foregoing, or for any dispute with Heyraat E-store or its affiliates or with any of their officers, directors, employees, shareholders or agents, is to stop using the website. To the fullest extent permitted by applicable law, Heyraat E-store disclaims all liabilities and obligations relating to the Website and disclaims all express and implicit warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Heyraat E-store does not guarantee that the services included in the website aren't discontinuous, fault-free, or that the website or server that provides the website is free of viruses or other harmful elements. To the maximum extent permitted by law, it is obliged to indemnify, its officers and employees for all costs, expenses and indemnities made in respect of any such claims filed by third party arising out of any violation made by you of any of the presented Terms of Use. You acknowledge that the determination of liability of Heyraat E-store and its disclaimer and your indemnity is also extended to all affiliates of Heyraat E-store, including any parent company or subsidiary.

13.2 The failure of Heyraat E-store to achieve the strict implementation of any provision of the Terms of Use doesn't represent a waiver of its right to enforce this provision or any other Terms of Use subsequently.

 

  1. MODIFICATIONS

14.1 Heyraat E-store reserves the right to change the presented Terms of Use at any time without notice to you of such changes. You agree that your continued use of the website constitutes your acceptance of the Terms of Use after modification, and you agree that the modified version of the Terms of Use supersedes all prior versions. You must review the Terms of Use each time you access the web site to review the updates. The last update of the presented Terms of Use was on March 10st 2019.

 

  1. TITLES.

15.1 The titles mentioned in the Terms of Use for convenience only and do not affect the interpretation of these terms and conditions.

 

  1. SEVERABILITY.

16.1 If any of these conditions are found to be invalid, void or unenforceable for any reason, this condition shall be deemed to be separate and shall not affect the validity of the remaining conditions and their enforceability.

 

  1. APPLICABLE LAW.

17.1 Your use of the HEYRAAT E-STORE website and application is governed by the Terms of Use and is construed by the laws and regulations of the Emirate of Dubai and the UAE Federal Laws that apply to the Emirate of Dubai.

17.2 United Arab of Emirates is our country of domicile and stipulate that the governing law is the local law.

 

  1. CONTACT.

18.1 If you have any questions, complaints or concerns about the Heyraat website or the Terms of Use, please contact Heyraat at (support@heyraat.ae).

 

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