These are the terms and conditions of FAYZERIA
marketplace and all related websites and services.
The following terms and conditions apply to
all users in connection with the services provided by FAYZERIA website
“Site”. These terms and conditions shall enter into force upon Your
acceptance of service through the Site or through any other form of communication
with FAYZERIA
Please note that you must review and agree
with Privacy Policy because
it’s an integral part of these terms and conditions
The user agrees and agrees that the use of the
site and the services offered by FAYZERIA is the sole responsibility of the
User, and further acknowledges that FAYZERIA is not responsible for all
representations and warranties of any kind, whether express or implied
Definitions
The following definitions apply to the terms
and conditions set out below. These Terms and Conditions, together with the
Privacy Policy, set out the entire agreement and understanding between FAYZERIA
and the “User” whether an individual or organization accessing our Website
“We”, “our”,
“Company”, “FAYZERIA” and “Site” refer to FAYZERIA,
its employees and authorized agents.
“User”, “Users”, “you”, “your” refer to the
users of the Service.
Supplier: Refers to any independent store that offers a variety of
products displayed on the Website.
Supplier Products: Means the products listed by Suppliers that
will be purchased by Users through the Site.
Services: means the FAYZERIA Services as described in these Terms and
Conditions.
Website: means the FAYZERIA platform on which its services are used.
Suppliers Offers: This means the offers and/or discounts that
the supplier may offer.
Force Majeure: means an act of God, including but not
limited to a fire, flood, storm, hurricane, hurricane, volcanic activity, or
earthquake, as well as the acts, orders, or requests of the Sovereign, the
Government, and/or any a person claiming to be or acting in the interest of
such authority, wars, whether declared or not, war-like acts, revolutions,
riots, civil rebellion, or civil commotions, as well as strikes and/or lockouts
and/or similar actions in Labor disputes, and any other similar cause beyond
the control of any party unless its performance is expressly guaranteed by
expressly waving a force majeure event.
Third Party Service Providers: means independent contractors and entities
that perform or undertake to provide a particular service or perform any other
service within the scope of the services provided as stated here.
Applicable laws: means the laws of the Saudi Arabia.
Eligibility
In ensuring that Users are able to form
legally binding contracts, eligibility to use the site is not granted to
persons under the age of 18 years, or the age of legal majority in your
jurisdiction, whichever is greater.
If you are registering as a business entity,
you represent that you have the authority to bind that entity to the Terms and
Conditions and that you and the business entity will comply with all applicable
laws and conditions governing use of the Site.
Accounts and Registration
Account registration requires you to submit to
FAYZERIA certain personal information, including but not limited to your full
name, address, email address, mobile phone number, and age. You agree to
maintain true and accurate, complete, and up-to-date information in your
Account. You are responsible for all activity that occurs under your Account,
and as such, you agree to maintain the security of your Account username and
password at all times, unless otherwise permitted by FAYZERIA in writing.
User accounts are not transferable. You agree
to reimburse FAYZERIA for any improper, unauthorized or illegal use of your
account by you or by any person obtaining access to the Website, services or
otherwise by using your designated username and password, whether or not you
authorized such access.
If FAYZERIA suspects, at its sole discretion,
that any of the information you provided is untrue, inaccurate, incomplete, or
not current, without prejudice to any other rights and remedies of FAYZERIA
under these Terms and Conditions or under the Applicable Laws, We have the
right to suspend or limit your access to the Website and its Services.
FAYZERIA 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 a response 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 FAYZERIA upon such requests. You acknowledge and agree that if you do not, FAYZERIA
without liability may limit, suspend or withdraw your access to the Website. We
also reserve the right to cancel unconfirmed / unverified accounts or accounts
that have been inactive for a long time.
By completing your registration, you
acknowledge having read, understood and agreed to be bound by these Terms and
Conditions, along with the Privacy Policy, as they may be amended from time to
time, which are hereby incorporated and made an integral part hereof.
Services
FAYZERIA is an electronic marketplace that
serves the industrial sector and helps in facilitating and enhancing the
production process, for example selling electrical and mechanical spare parts
for production lines.
FAYZERIA displays the products and services
offered and owned by the independent suppliers who have agreed to include such
products on the website. These suppliers have agreed in writing with FAYZERIA
to make the requested products available through the website.
Electronic Communication
By creating an account, you agree that you are
communicating with us electronically. Therefore, you agree to receive periodic
communications from us. FAYZERIA will communicate with you via email or may
send you information via text messages, as well as by posting notices on the
Website as part of the normal operation of your use of the Services. You
acknowledge that opting out of any of these communications may affect your use
of the Services.
You agree that all agreements, notices,
representations, and other communications that we provide to you electronically
are without prejudice to any legal requirement that such communications be in
writing.
FAYZERIA will request your agreement during
the registration process to send you promotional emails or notifications
related to the Website and its services. 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.
Copyright and Trademark
All content included on the Website, including
but not limited to text, graphics, FAYZERIA’s logos, button icons, images,
audio clips, digital downloads, data compilations and software, is the property
and copyright work of FAYZERIA or its licensors and is protected by copyright,
trademarks, patents or other intellectual property rights and laws. The
compilation of the content on the Website is the exclusive property and
copyright of FAYZERIA and is protected by copyright, trademarks, patents or
other intellectual property rights and laws.
FAYZERIA and related logos are the trademarks
of FAYZERIA. FAYZERIA’s trademarks may not be used in connection with any
product or service that is not FAYZERIA’s nor in any manner that disparages or
discredits FAYZERIA.
Use Of The Website
Subject to the User`s compliance with these
Terms and Conditions, FAYZERIA grants the User a limited, non-exclusive,
non-sub licensable, revocable, non-transferrable license to:
– access and use the Services solely in
connection with the provision of the Services;
– access and use any content, information and
related materials that may be made available through the Services; and
Any rights not expressly granted herein are
reserved by FAYZERIA and may be revoked at any time without notice to the
customer.
The User shall not use any trademark or any
intellectual property rights belonging to FAYZERIA from any portion of the
Services, and shall not reproduce, modify, prepare, publicly, perform,
transmit, stream, broadcast, or otherwise exploit the Services except as
expressly permitted by FAYZERIA in writing, and shall not decompile, reverse
engineer or disassemble the Services, and shall not link to mirror or frame any
portion of the Services or launch any programs or scripts for the purpose of
scraping, indexing, surveying or otherwise data mining any portion of the
Services, or unduly burdening, or hindering the operation and/or functionality
of any aspect of the Services or attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or networks.
The User may not post in the product review
section for the listed products, or anywhere else on the site (as determined at
our sole discretion): solicitation, advertising, foul language, profanities,
obscenities, culturally offensive material, religiously offensive material,
critical political content, material that may threaten the public interest or
national security, defamatory or libelous harassment, or other content that may
be offensive or indecent.
Product listings and availability
The terms agreed to with our various Suppliers
require them to ensure that the products offered are authentic, genuine, and
free from defects. We make every effort to ensure that the products you receive
through Us are indeed genuine and authentic.
The information contained in the Website is
for general information purposes only. The information provided by FAYZERIA
while we endeavor to keep the information up to date and correct, we make no
representations or warranties of any kind, express or implied, about the
completeness, accuracy, reliability, suitability or availability with respect
to the Website or the information, Services, or related graphics contained on
the Website for any purpose. Any reliance you place on such information is
therefore strictly at your own risk.
FAYZERIA will always try to offer you the best
customer experience and an exceptional level of service. FAYZERIA is making
every effort to ensure that the Supplier Products are available. However, FAYZERIA
shall have no responsibility if any of the Supplier Products that in the
Website are not available. If a product you ordered is not available, we will
inform you as quickly as possible and offer you the opportunity to choose
alternatives or refund the amount of such product(s) that were not available.
Product Warranties
Products sold through this website that do not
bear the FAYZERIA brand name are serviced and supported exclusively by their
manufacturers or local agents and by the Suppliers in accordance with the terms
and conditions associated with each product.
FAYZERIA gives a guarantee on products sold on the website with the same
warranty period as suppliers on FAYZERIA
Payments
FAYZERIA provides different payment methods on
the Website, which include among others, the following:
– Cash on delivery; and
– Online payment through credit cards.
– Direct bank debit
Please note that payment on delivery in any
form will be limited to certain amounts
When payment is to be made at delivery, the
User shall pay to FAYZERIA representative for the products in full before they
are unloaded from the delivery vehicle.
FAYZERIA reserves the right to alter, change,
modify, or provide any payment methods.
FAYZERIA provides online payment services
through Third-Party Providers. FAYZERIA shall not store any data related to
credit cards. FAYZERIA shall have no responsibility to any error, damage or any
matter similar that may arise to the User as a result of using the online
payment, such shall be the responsibility of Third-Party Provider.
The User shall ensure sufficient coverage of
the respective account that covers the orders and shall abide by the credit
card transaction limits.
FAYZERIA shall not charge the Users any extra
fees for making an online payment.
FAYZERIA 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. You agree to provide any
information and/or documentation to FAYZERIA upon such requests. You
acknowledge and agree that if you do not, FAYZERIA without liability may cancel
the transaction, limit, suspend or withdraw your access to the Website and/or
your membership of the Website.
Without any responsibility on FAYZERIA, if the
Suppliers Products prices, which are displayed on the Website, do not
correspond to the actual price that is in the final receipt, in such case, the
User will be notified with such and the User shall have the right to pay the
actual price or cancel the order.
Delivery
Orders made through the Website shall be
delivered to the user within the time indicated during the checkout process.
The date of the actual delivery will be reconfirmed by telephone on the number
provided by You at check out. You will also be asked to reconfirm or clarify
the address for the delivery.
In case of any delay in the delivery process, FAYZERIA
shall notify the Users and arrange or inform you the new expected date for
delivery.
In case of any damage to the product(s) during
the process of delivery, and before receiving by the User, FAYZERIA will notify
the User with such damage and deliver the same product(s) to the User with no
additional charges, if available. If such product(s) is not available, FAYZERIA
will refund the product(s) purchase amount, at the date of purchase as paid on
The Site, to the User.
Delivery of orders will be performed directly
by the FAYZERIA fulfillment team or by a Third-Party Service, or by a
combination of both.
Third-Party Services
The Services may be made available or accessed
through Third-Party Service Providers and content (including advertising) that FAYZERIA
does not control. You acknowledge that different terms of use and privacy
policies may apply to you for use of such third-party services and content. FAYZERIA
does not endorse such third-party services and content and in no event shall FAYZERIA
be responsible or liable for any of the services of these Third-Party Service
Providers.
Returns, Exchanges, and Refunds
The Saudi Consumer Protection Law shall be
applied in relation to any exchange or return of Suppliers Products ordered by
the User through the Website. Moreover, the terms of exchange and return of the
Suppliers shall prevail over those of FAYZERIA as long as they comply with the
applicable laws.
FAYZERIA offers free returns at no additional
cost to the User with no questions asked for 14 days or as stipulated by Law. FAYZERIA
requires that product(s) be unopened and in their original condition, as determined
at FAYZERIA’s sole discretion, to accept the return.
Refunds, returns or exchanges will NOT be
accepted for special orders.
Privacy and Confidentiality
User(s) shall not disclose any information
received under the contract of service with FAYZERIA to any third party. Access
to any information which pertains to business of FAYZERIA shall be kept
confidential to the extent it might adversely impact FAYZERIA`s business.
User(s) shall be liable to indemnify FAYZERIA against any loss of business or
reputation due to the act of the User(s).
Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE.” FAYZERIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED
WARRANTIES OF SUPPLIER ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, IN ADDITION, FAYZERIA MAKES NO REPRESENTATION, WARRANTY, OR
GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR
AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE
SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FAYZERIA
DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY OF THE SUPPLIERS. YOU
AGREE THAT THE ENTIRE RISK ARISING FROM THE USE OF SERVICES REMAINS SOLELY WITH
YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE INFORMATION CONTAINED IN THE WEBSITE IS
FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION PROVIDED BY FAYZERIA
WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE
COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT
TO THE WEBSITE OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS CONTAINED ON
THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS
THEREFORE STRICTLY AT YOUR OWN RISK.
ALL ACCOUNTS REGISTERED WITH FAYZERIA ARE
CONTINUOUSLY TRACKED FOR SECURITY PURPOSES AND PERFORMANCE REASONS. IT IS
EXPRESSLY MADE CLEAR TO YOU HEREBY THAT FAYZERIA DOES NOT OWN ANY ACCOUNT OF
ANY KIND.
Limitations of Liability
FAYZERIA is a technology platform to connect
product/service providers and their users in connection with purchases and
deliveries. FAYZERIA shall be liable to the User in respect of any failure
relating to the Supplier’s Products. FAYZERIA strives to ensure the
authenticity of products.
The Suppliers and the Third-Party Service
Providers are independent Services providers under contract with FAYZERIA and
are not employees, representative, and/or agents of FAYZERIA. FAYZERIA does not
perform the task itself, but rather manages the execution of said task through
its platform by providing a connection for the User with the Suppliers.
Suppliers shall be responsible for the Suppliers Product quality, efficiency,
originality, availability, and legality. Any breach of said shall result in the
termination of the Supplier from FAYZERIA platform and shall be replaced to
fulfill any open requests with reference to the User regarding such.
Users and the Suppliers agree that FAYZERIA
shall not participate in disputes between both parties in any case. Whereas, by
using the said Services the User acknowledge the potential risks or mistakes of
the Suppliers or the Third-Party Service Providers. Accordingly, the use of the
Services is at the User’s risk and judgment, and FAYZERIA shall have no
liability arising from or in any way related to the User’s transactions or
relationship with the Suppliers or the Third-Party Service Providers.
FAYZERIA shall be entitled to disclose any
User information it may possess to affiliated corporate entities within its
group of companies, or if required by law, or if requested or directed to do so
by any official government body. FAYZERIA will do so at its sole discretion or
as We may determine to be suitable or in Our best interest to do so.
FAYZERIA shall be entitled to add to, vary or
amend any or all of these Terms and Conditions at any time without notice. The
User shall be bound by any additions, variations, or amendments once
incorporated into these Terms and Conditions on FAYZERIA’s Website.
FAYZERIA shall not be liable to you for
indirect, incidental, special, exemplary, punitive, or consequential damages,
lost data, or damages that may arise, even if FAYZERIA has been advised of the
possibility of such damages. FAYZERIA shall not be liable for any damages,
liability or losses incurred by you arising out of your use of or reliance on
the Services or your inability to access or use the Services or any transaction
or relationship between you and any the Supplier or the Third-Party Service
Providers, even if FAYZERIA has been advised of the possibility of such
damages. FAYZERIA shall not be liable for delay or failure in performance
resulting from causes beyond FAYZERIA`s reasonable control, and We shall not be
liable in the event that the Supplier or Third-Party Service Providers may not
be professionally licensed or permitted.
These limitations do not purport to limit
liability that cannot be excluded under the applicable laws.
Indemnification
You agree to indemnify and hold FAYZERIA, its
affiliates, sponsors, partners, directors, officers and employees harmless from
and against, and to reimburse FAYZERIA with respect to, any and all losses,
damages, liabilities, claims, judgments, settlements, fines, costs and expenses
(including reasonable related expenses, legal fees, costs of investigation)
arising out of or relating to your breach of these Terms and Conditions, along
with our Privacy Policy or use by you or any third party of the Services.
Force Majeure
FAYZERIA shall not be liable for any delay,
interruption or failure in the provisioning of Services if caused by any act of
Force Majeure, or other similar events beyond our control that may prevent or
delay service provisioning.
Governing Laws
The rights and obligations of the parties
pursuant to these Terms and Conditions are governed by and shall be construed
in accordance with the laws of the Saudi Arabia.
You hereby irrevocably submit to the exclusive
jurisdiction of the Courts of the Saudi Arabia for any dispute arising under or
relating to these Terms and Conditions and waive your right to institute legal
proceedings in any other jurisdiction. We shall be entitled to institute legal
proceedings in connection with any matter arising under these Terms and
Conditions in any jurisdiction where you reside, do business, or have assets.
Where there is any dispute or inconsistency
arising from the text of these Terms and Conditions, the Arabic version shall
prevail.
Unenforceable provisions
If any part of these Terms and Conditions is
found to be invalid or unenforceable under applicable law, that portion will be
ineffective only to the extent of that invalid or unenforceable portion,
without affecting the remaining portions of the Terms and Conditions in any The
Road.
Entire Agreement
This Agreement along with FAYZERIA’s Privacy
Policy, as may be updated from time to time and posted at [xxxx], constitutes
the complete agreement and understanding between us with respect to the Service
and supersedes any other form of Agreement.