Terms and Conditions
Terms and Conditions:
Dear user of the site, welcome to the website of Bait El Mair Online Trading
Company (referred to as the “Company”). Please read the terms and conditions
of use of the website (baitelmair.ae ) and application (“Terms and
Conditions”) carefully. Please do not continue to use the Website and/or the
Services if you do not agree to the Terms and Conditions. Your continued use
of the Website and/or the Services constitutes your acceptance of the Terms
and Conditions
1. Definitions:
"User" refers to the user of Bait El Mair website and application for online
trading, and all the related expressions shall be taken into account.
“The Company” means Bait El Mair Online trading Company, Sharjah, United
Arab Emirates, licensed by the Sharjah Economic Department, License No.
806404
“Bait El Mair Website and Application” shall have the meaning specified
above.
“User Information” means the personal details that you provide to us through
Bait El Mair Website and Application.
“Users” means the users of Bait El Mair website and application in general and/or
individuals as the context indicates.
“The website and Bait El Mair Application” means the website and application
on the global information network.
"Materials" - materials and content posted on the website or otherwise
provided by the company in connection with the service.
"Privacy Policy" - the privacy policy applied by the company from time to
time.
"Product" - an online classified platform provided on the website and the
advertising service package.
"Publishing Agents" - an agent, service, or third-party intermediary offering
to post service-related materials on behalf of third parties.
“Log in details” - details that the user must provide when logging in the
website from time to time (for example: name, telephone numbers, e-mail
address, age and/or address.)
"Service" - provision of the website and the product.
“Intellectual Property Rights” - all intellectual property rights, including
patents, trademarks, goodwill rights, database rights, data rights, design rights,
copyrights, and topography rights (whether or not any such rights are
registered, including applications and the right to apply requests to register any
of these rights) and all inventions, know-how rights, trade secrets, confidential
information, lists of customers and suppliers, and other proprietary information,
all rights granted under licenses and consents in respect of any such rights and
all rights and protections of a similar nature or of an equivalent effect or similar
to any of them or which may exist anywhere around the world for their full
term, including any renewals and extensions thereof.
“Unacceptable” - any material or information uploaded or made available on
the website which, under the applicable law of any jurisdiction, would be
deemed to be accessible to the website, being:
1. Unlawful, illegal, indecent, obscene, racist, abusive, pornographic,
stalking children for sex, offensive, false, unreliable, misleading,
harmful, potentially harmful to minors, threatening, defamatory, or
purported to constitute defamatory, infringes the rights of others (of any
nature including, without limitation, any intellectual property rights),
infringes the privacy or other rights of others, or relates to or encourages
money laundering or illegal gambling;
2. A violation to any applicable regulations, standards or codes of conduct
(regardless of whether compliance is not mandatory);
3. Contravening to the laws including, without limitation, those relating to
weapons, animals or alcohol; or
4. Harmful to the company's reputation.
“User Materials” - materials and content posted on the website by the user or
otherwise submitted to Bait El Mair Online Trading by the user in connection with
the website or the service.
2. General terms and conditions that apply to users
2.1 When logging in to this website, the user must provide valid, accurate,
current and complete log in details, and the user must update the same after
any changes are made (excluding age) before using the website for the
purpose of obtaining further services in the future
2.2 The user hereby agrees and acknowledges that the website may contain
advertisements placed by advertisers or companies in the course of
business of goods or services (for which the company bears no
responsibility). Advertisers or companies that use the website or service
who place advertisements featuring goods or services of a commercial
nature, must include their full names in the advertisement and indicate that
they are selling the goods or services in the course of business either by the
content, format, size or location of the advertisement or by including words
like “trade,” “dealer,” “agent,” “wholesale,” or the like in the name of the
advertisement they are submitting for the post.
2.3 The user hereby warrants and represents to the company that he is at least
eighteen years of age and has the legal capacity to enter into contracts.
2.4 The company reserves the discretion to withdraw any of the materials or
user materials from the website without prior notice and to refuse any user
materials posted or made available to the company by the user.
2.5 The company shall record the user's log in details and data relating to his
use of the website, but such information shall not be disclosed to any third
parties (other than on an aggregated or anonymous basis or in accordance
with the Privacy Policy or in accordance with clause 2.6 below), and shall
not be used for any purpose unrelated to the website. By agreeing to the
terms, you give us express permission to validate your details by contacting
you on the telephone number provided to us. The call may be recorded for
quality assurance.
2.6 The user hereby authorizes the company to use any information it displays
on the website for the purpose of informing the user of special offers and
occasional external offers and for any other marketing and related
purposes. Without prejudice to clause 2.5 above, the company will not use
the user’s data for any purposes other than as specified in these terms
except that company may disclose such data if compelled to do so by law,
or at the request of a law enforcement authority or any other government
authority.
2.7 In the event that the user does not wish the company to use his information
as set out in clause 2.6 above, he must leave the website before providing
his personal details.
2.8 In the event that the user does not wish the company to use his email address
or his SMS/mobile phone number to send information regarding the
website and related matters, the user shall send an email to [email protected]
with the phrase (unsubscribe) as the subject heading of this message.
2.9 You must keep any user identification and password set up or provided to
you as part of our security procedures confidential and must not disclose it
to any third party.
2.10 The company reserves the right to suspend or terminate a user's account
when it deems, in its sole discretion that the user has breached these terms
and conditions or considers such suspension or termination to be
appropriate for any other reason. In the event of such suspension or
termination, the company shall notify the user by e-mail thereof and the
user shall not seek to log in on any website either directly or indirectly
through any related entity. The company's rights under this section 2.10
are without prejudice to any other rights or remedies the company is
entitled to with respect to any breach, or any rights, obligations or
liabilities accrued prior to such suspension or termination.
2.11 For the avoidance of doubt, the company is working to provide a type of
service and not a commodity.
2.12 Bait El Mair Online Trading owns all intellectual property rights associated
with the website and the service, including, but not limited to, any
trademarks, trade names, designs, texts and graphics, and the right to
choose it or make the necessary arrangements in this regard. Nothing on
the website should be construed as granting, by implication or otherwise,
any license or right to use any trademark displayed on the website without
our written permission. You may print one copy, and may download
extracts, of any page(s) of the website for your own personal use and may
draw the attention of others to content posted on the website, however you
must not modify the digital or paper copies of any materials you have
printed off or download them in any way, nor may you use any images or
video clips separate from any accompanying text. You agree not to
circumvent security-related features of the website or features that prevent
or restrict the use or copying of any materials, or restrict, disable, or
otherwise interfere with the use of the website or the materials on the
website and the materials displayed on or through the service are protected
by copyright as a collective work and/or a collective work, pursuant to
copyright laws, other laws, and international conventions Any copying,
modification, creation of derivative works, or redistribution of the
website, the materials, or the collective work is expressly prohibited.
2.12 The Company takes reported and actual infringement of intellectual
property rights and fraud very seriously, and while users cannot hold the
company liable in respect of such issues, the company urges all users to
report such matters to it immediately, and in turn, it shall inform the
competent authorities.
2.13
1. Not to use the website or the service in any unlawful manner or for any
unlawful purpose or in any manner inconsistent with these terms and
conditions, or act in a fraudulent or malicious manner by, for example,
hacking or inserting malicious code, such as viruses or harmful data on
the website, any service or any operating system;
2. not to transmit any material designed to interrupt, damage, destroy or
limit the functionality of the website or the service;
3. Use any form of automated hardware or computer software (sometimes
referred to as “Pointing Tools”) that enables use of the company’s
“Pointing System” or other community control systems without each
sign being manually entered by the person initiating the sign (“Pointing
System”). automated tagging device), (“or use any tagging tool to
remove the postings of competitors or other third parties or to remove
postings without a good faith belief that the flagged post violates these
terms and conditions or any applicable law or regulation;
2.14
1. use the service only for your own personal use or as an agent offering
property for sale and rental purposes;
2. Do not use any service in any way that is illegal, immoral, or harmful to
Bait El Mair Online Services Company;
3. Do not use any service in a manner that would violate any policy or other
notice on the Website;
4. Do not remove or alter any of the copyright notices that appear on the
website;
5. Do not post any user material that is, or may be, objectionable or which
may encourage the violation of any relevant laws or regulations;
6. Do not interfere with any other user's enjoyment of the website or the
service;
7. Do not act in an abusive or offensive manner while using the website or
the service;
8. Do not contact any person who has asked not to be contacted, or to make
unsolicited contact with anyone for any commercial purpose, in
particular to contact any user with the intent to post an advertisement on
an external website or to post any advertisement on behalf of such user;
9. Do not “stalk” or otherwise harass any person;
10. Do not collect personal data about other users or entities for commercial
or illegal purposes;
11. Do not transmit any user material:
2.15
1. Do not write, say, act or sign that harass, insult, intimidate or hate any
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age or disability;
2. involve the personal or identifiable information of another person
without the express consent of that person;
3. impersonate any person or entity including, without limitation, an
employee of the company, or falsely state or otherwise represent that it
is an affiliation with a person or entity;
4. The Company allows the user to post user material on the website in
accordance with the company's procedures provided that the user's
material is not illegal, misleading, obscene, abusive, threatening,
defamatory or otherwise objectionable to the company. You must not
post any objectionable material and warrant that, in respect of any user
material you post, it will not be deemed objectionable.
5. The company may charge a fee for posting materials and the fee allows
paid materials to be posted on the website. Each party that posts paid
materials to the service is responsible for the materials and compliance
with these terms and conditions. Any fees paid under this agreement are
non-refundable if any material is removed from the service for violation
of these terms and conditions.
6. All advertisements shall be deleted and if the advertisement is not
modified to meet the company's requirements, the advertisement shall
be deleted, and no refunds will be given.
3. Limitation of liability
3.1 The Company shall not be liable for any of the following:
1. Consequential, indirect, or special losses or punitive damages (even if
the company has been advised of the possibility of such loss or damage),
2. loss of profits;
3. business losses;
4. loss of revenue;
5. Loss or corruption of data,
6. loss of use;
7. Loss of production;
8. Loss of Contracts;
9. Loss of opportunities;
10. Loss of savings or deductions (whether actual or anticipated);
11. Damage to reputation or loss of goodwill;
12. Loss of expected savings,
3.2 The limitations in Clause 3.1 also apply with respect to damages caused
by services or other products that are received or advertised in
connection with the website, the service or any links found on the
website, as well as by reason of any information, opinions or advice
given, received or advertised in connection with the website or the
service or any links back to the website or the service.
3.3 The limitations in this clause 3 apply to the fullest extent permitted by
law. You specifically acknowledge and agree that the company shall
not be liable for user’s data or the defamatory, offensive or illegal
conduct of any user or third party, and that the risk of harm or damage
from the foregoing rests entirely with you.
3.4 Although the company undertakes to make all reasonable attempts to
exclude viruses from the website, it cannot guarantee such exclusion
and does not accept any responsibility for viruses. The user is advised
to take all appropriate safeguards before accessing or downloading
information or any material from the website.
3.5 The website contains information and materials uploaded by other users
of the website. This information and materials have not been verified or
approved by the company and the company shall not be responsible for
any material that may be deemed objectionable. You may also be
exposed to material that is inaccurate, offensive, indecent,
objectionable, defamatory or offensive, and accordingly, as far as the
law allows and subject to Section 3.11, you agree to waive any legal
rights or remedies you have or may have against company in connection
with this.
3.6 The company does not warrant that the website will always be
available, uninterrupted, timely, secure, error-free, free from computer
viruses or other intrusive or harmful code, or that the website will not
be affected by force majeure events, including failure to the ability to
obtain, or the lack of, necessary materials, equipment, power, or
telecommunications facilities, the lack of telecommunications
equipment or facilities, and the failure of information technology or
telecommunications equipment or facilities. The company may
suspend, withdraw or restrict the availability of all or any part of the
website for commercial and operational reasons at any time and shall
not be liable for any interruption of service, whether intentional or
otherwise. We recommend that you back up any content and data used
in connection with the website, in order to protect yourself in the event
of problems with the website or the service.
3.7 In view of the exposure of online services to interruption or collapse,
the company shall not be liable for any failure in relation to its
obligations under these conditions, which results directly or indirectly
from a failure or interruption in the programs or services provided by
third parties.
3.8 The company is not responsible for the direct or indirect consequences of
linking the user to any other website through the website and has not
approved such linked websites or the materials or information available
from them.
4. Safety:
We pledge our continued commitment through our safety policy to allow
reliable use of Bait El Mair website for online trading.
When using Bait El Mair website for online trading, and when using any of the
interactive areas available on Bait El Mair website for online trading, you must
always take the following precautions:
Maintaining the confidentiality of your identity. Do not give out your
full name, postal address, phone number, email address, school name, or
other information(except for those we specifically ask from you),
through which someone may be able to know your true identity.
Do not meet someone you know through the network
Do not respond to any messages that are hostile, rude, inappropriate, or
cause you to feel uncomfortable in any way.
5. Compensation:
You acknowledge and agree to indemnify us and/or any of our related entities
and our employees, managers, employees and/or our related entities,
immediately and upon request, for all claims, obligations, losses and costs,
including all legal fees arising from any breach or violation of these terms and
conditions by you or other damages arising from your use of Bait El Mair website
for online trading.
6. Termination:
We reserve the right to immediately terminate your use of Bait El Mair website
for online trading in the event that you breach these terms and conditions, or if
we believe, based on reasonable grounds, that you may violate the provisions
of these terms and conditions, or in the event that you engage in behavior that
we consider, based on our absolute discretion, to be unacceptable.
7. Communication:
In the event that you wish to make any comment addressed to us about
Bait El Mair website for online trading, and in the event that you wish to direct any
questions related to that, please contact us through the form on Bait El Mair
website for online trading.
8. General:
8.1 Invalidity and etc: In the event that any court or regulator decides that the
provisions of these Terms and Conditions are void or in any way
unenforceable, then those provisions shall be canceled, while the
remaining provisions of the Terms and Conditions shall remain in full force
and effect.
8.2 Applicable Law: These Terms and Conditions, the website and the
application are subject to the laws applicable in the United Arab Emirates.
Any dispute that arises shall be subject, not exclusively, to the competent
courts in the United Arab Emirates, the courts of the Emirate of Sharjah
8.3 Third Parties: These Terms and Conditions apply between us and the
users. No other person shall be entitled to benefit from these Terms and
Conditions. We reserve the right to perform any of our obligations, and to
exercise our rights granted to us by the Terms and Conditions, through a
third party.
8.4 Assignment: We reserve the right to assign or in any way transfer any or
all of our rights or obligations under these Terms and Conditions to any
third party.
9. Payment, prices, exchange and return policy:
Bait El Mair Online Trading Company displays all prices in the application
for each service, and the prices for each service are approved before the
request. The price may vary according to the location, the country or the
time of asking for the service. There are fixed prices for some services,
and there are prices dependent on the distance and the flight time.
Bait El Mair Online Trading Company has the right to update prices at any
time and you must be constantly informed.
In the event that the service is not paid by transfer or visa, the service
applicant must pay the value of the service to the service provider in
cash as soon as the service is provided, and any amount paid cannot be
refunded.
It is not possible to retrieve any of the goods or services provided
through Bait El Mair website for online trading.
10. Legal liability:
Bait El Mair Online Trading Company shall not be liable for any damages
resulting from the use or inability to use electronic means of
communication with the website.
Bait El Mair Online Trading Company does not, under any circumstances,
bear responsibility for any error resulting from the service provider.
Any remark on the service provider must be submitted in evaluating its
service to take the necessary action against it by us, and Bait El Mair
Online Trading Company does not bear responsibility for any behavior
or negligence or all of the above from the service providers.
Bait El Mair Online Trading Company does not have any clear guarantees
regarding the services provided.