THIS DESCRIBES THE TERMS AND CONDITIONS (“USER CONDITIONS”) ON WHICH TEJARI LLC (“We” or “Tejari”) ALLOWS PERSONS, BUSINESSES, GOVERNMENT ENTITIES OR OTHER USERS (“YOU” OR “USER(S)”) TO ACCESS AND USE THE PRODUCTS AND SERVICES. BY PRESSING THE “I/WE ACCEPT” BUTTON BELOW, YOU ACCEPT THE USER CONDITIONS BELOW. Tejari Products and Services Tejari continuously develops new products and services and updates its existing products and services which include: (i) Tejari Marketplace; (ii) Marketplace Services, (iii) Manshoori; (iv) Marketplace (online) Training and (v) Tejari Mobile (the existing products and services together with all additions, updates, amendments and improvements are referred to as “the Products and Services”). The Products and Services are available and operate via a portal site and sub-domains ("the Site") subject to these User Conditions. You need to register as a User for access to the Products and Services you wish to obtain.

The Marketplace (“Exchange”) a. The Exchange acts as an electronic marketplace for sellers and buyers. The Exchange may only be used for business-to-business transactions for legitimate business purposes. If you do not qualify, you may not use the Exchange. b. Through the Site, other Users offer you their products and services.

Marketplace Services Tejari has created and offers a number of products and solution packages designed to meet the specific needs of Users. These offering include (i) Buyer Membership; (ii) Supplier Membership; (iii) Integration Services; (iv) Strategic E-Sourcing and (v) Catalogue Management. Marketplace Training Tejari offers online training and classroom training. These terms and conditions are applicable to the Tejari online training service.

Tejari Mobile
If you wish to access the Site from the convenience of your mobile device, you can register for the Tejari Mobile service.

ACCEPTANCE OF USER CONDITIONS
YOUR USE OF THE PRODUCTS AND SERVICES IS GOVERNED BY THESE USER CONDITIONS WHICH YOU SHOULD READ CAREFULLY BEFORE USING THE PRODUCTS AND SERVICES. BY CLICKING ON THE "I/WE ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THE USER CONDITIONS AND YOUR AGREEMENT TO BE BOUND BY THE USER CONDITIONS. THESE USER CONDITIONS REPRESENT A BINDING CONTRACT BETWEEN US. IF YOU DO NOT AGREE WITH THESE USER CONDITIONS, DO NOT USE ANY OF THE PRODUCTS AND SERVICES AND DO NOT CLICK ON THE “I/WE ACCEPT” BUTTON.

Access to the Internet
In order to use the Products and Services, you need access to the Site via the Internet. You can access the Site from anywhere in the world. These User Conditions apply to you regardless of how you have accessed the Site and regardless of the territory in which you conduct business or where you are domiciled or situated.  

Registration Process
a. We require you to register before using the Products and Services. b. When you register, you agree to provide true, accurate, up-to-date and complete information ("Registration Data") as required by the Registration Form(s) made available to you via the Site. c. We may rely upon your Registration Data to establish your business status, whether you are eligible to use any of the Products and Services or otherwise to identify and/or contact you. If your Registration Data is untrue, inaccurate, significantly out-of-date or incomplete, We may terminate forthwith or suspend your current and future use of the Products and Services (or any part of it), in our sole discretion. d. Once you have completed the registration process, you should send a certified copy of your License or similar registration document if you are an entity, or passport if you are an individual, by registered mail, to Tejari LLC, PO Box 500001, Dubai, UAE. Tejari will not register users licensed in the UAE, before receiving certified copies of their Trade license. e. Tejari, reserves the right, in its sole discretion, to reject registrations from any person or entity.

Password and Security
a. You will receive a password upon completing the registration process. You are responsible for maintaining the confidentiality of the password and to prevent the unauthorised use of it. You are fully and solely responsible for all activities that occur under and by using your password.

b. If you know or suspect that an unauthorized person knows or is using your password, you must promptly notify our helpdesk. We will cancel your password and allocate you a new password.

c. We will not be liable for any loss or damage arising from an unauthorized person gaining access to the Site or any of the Products and Services.

Licence and Site Access
When registering as a User, We grant you a limited licence to access and make personal use of the Site. This licence does not include the right to resale or commercial or derivate use of the Site or its contents, any use of any products listing, description or price, any downloading or copying of information or any use of data mining, robots or similar data gathering and extraction tools.

Our Service Obligations
We currently secure Internet access services and web-site hosting services from third party providers. We will take all reasonable steps to provide access to the Site and the Products and Services in a fast and reliable manner and to ensure the security, integrity and confidentiality of your web-site, and your use of the Products and Services is maintained. Operation of the Products and Services may be interfered with by numerous factors which are outside our control. We do not guarantee continuous, uninterrupted, error free or secure access to the Products and Services. We shall not be responsible for any interruptions, delay, errors or failure of the Site or the Products and Services or breach of security in respect of the Products and Services. The current scheduled downtimes for maintenance and upgrades to the Site and/or the Products and Services are: Saturday 2pm. to 9pm, Dubai Time (+ 4 hrs GMT).  

Helpdesk
a. If you require any help in using any of the Products and Services, please contact our helpdesk for assistance.

b. There is no separate charge for such assistance, except your normal or standard telephone call charges for which you will be billed by your local telephone operator. However, We reserve the right to apply a charge in the future to be notified to you reasonably in advance of providing support.

c. The helpdesk is available for assistance during normal working hours in Dubai. No guarantee or warranty can be given to you in respect of any particular solution or result suggested by the helpdesk.

Telecommunications Charges
a. You must pay for the normal or standard telephone/Internet calls charges at the rates of your telephone operator and or Internet access provider with whom you make your normal or standard calls.

b. You agree to abide by the terms and conditions of your agreement with your local telephone operator and/or Internet access provider and to pay and keep current all amounts due to them. We will not be liable for any telephone/Internet call charges due to your local telephone operator and/or Internet access provider, and you agree to indemnify us for any costs, expenses and/or liabilities We incur due to your failure to pay any such charges.

Purchasing Products or Services through the Site

a. The Site acts as an electronic marketplace for sellers and buyers. We are not involved in actual transactions between Users. We do not act as a broker, agent, intermediary or the like of any User. We have no control over and will not be liable for the quality, safety or legality of the products or services advertised, the truth or accuracy of the listings, the ability of sellers to sell products or services, or the ability of buyers to buy products or services. We cannot and do not control whether or not sellers will complete the sale of products or services they offer, or buyers will complete the purchase of products or services.

b. We do not endorse the products or services being offered by Users or warrant the accuracy or reliability of any information provided to you by Users. We do not guarantee that you will be satisfied with the products and/or services from Users.

c. We cannot control the information provided by other Users which is made available through the Site. Other Users' information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. You are obliged to promptly report to us details of any information of this nature. You are advised to use caution and common sense when using the Site. You are advised to make whatever enquiries you feel are necessary before proceeding with any transactions with another User.

d. In the event that you have a dispute with another User, you release and indemnify us from all claims, demands, losses and damages of every kind arising out of or in any way connected with such disputes.

Links to Other Websites
The Site may contain links to third party web-sites which are not under our control. We provide such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any site linked to from a linked site.

Restrictions on Use

a. The restrictions on use of the Products and Services which are set out in paragraph b below apply to all uses by you of the Products and Services or some of the Products and Services, where so indicated. We may suspend and/or block and/or end access to your use of the Products and Services if you are in breach, or We have reason to believe you may be in breach, of paragraph b below, or any other provision of these User Conditions.

b. You agree not to:
o violate any laws or third party rights when using the Site;
o use the Site if you are not able to form legally binding contracts;
o use the Exchange for any purpose other than business to business transactions in the course of your normal business activities.
o knowingly make available on your web-site or knowingly upload files that contain software or other material, data or information not owned by or licensed to you;
o copy, modify, or distribute content from the Site and Tejari’s copyrights and trademarks;
o use the Site, any of the Products and Services or your web-site in any way to send or distribute unsolicited commercial email or "spam", chain letters, or pyramid schemes;
o or any similar abuse of the Site, the Products and Services or your web-site;
o make available or upload files to your web-site or to the Site that contain a virus or corrupt data;
o falsify the true ownership of software or other material or information contained in a file any User makes available via the Site;
o publish, post, distribute or disseminate defamatory, false, inaccurate, misleading, defamatory, or libellous content (including personal information), infringing, obscene, indecent or other unlawful or insulting, inappropriate or abusive material or information via the Site or your web-site. We have the right, in our sole discretion, to remove from the Site, any such material or information;
o engage in activities through the Site or via your web-site which are illegal or unlawful whether in Dubai or in your home jurisdiction;
o transfer material to or from the Site, your computer or web-site which infringes any laws, regulations or the rights of others;
o provide information in relation to products and/or services offered by you which is false, inaccurate and/or misleading;
o offer for sale products or services which are (i) fraudulent, counterfeit or stolen; (ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (iii) inherently dangerous, including but not limited to weapons, ammunition or explosives or any illegal drugs;
o link directly or indirectly to or include descriptions of products or services that are prohibited under these User Conditions or to which you do not have a right to list or include;
o post on the Site or sell through the Site any product or service which would cause us to violate any law or regulation of any jurisdiction;
o consummate a transaction outside of the Exchange when the transaction originated on the Exchange;
o use any device, software or routine to interfere or to attempt to interfere with the proper working of the Site or any transactions being conducted on the Site;
o take any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure; or
o harvest or otherwise collect information about users, including email addresses, without their consent when using the Site.

Privacy of Products and Services
Users We recognize the importance of maintaining the privacy of personal and business data We collect which relates to your business. [Please click here to view our Privacy Policy].

Ownership of Site and Products and Services

a. The [Site and the] Products and Services are our property and are copyrighted and protected by copyright laws. We are the exclusive owner or licensee of any and all copyrights, trademarks, service marks, and any other intellectual property right in the [Site and the] Products and Services.

b. You may print and download portions of the materials contained on the Site for your non-commercial use provided you maintain the copyright notice and any other notices that appear on any such copies. Any other copying, redistribution, publication or retransmission of any portion of the materials on the Site and the Exchange is strictly prohibited without our express written permission. You agree not to change or delete any proprietary notices from any materials copied from the Site or the Exchange web-site.

c. All information generated as a result of establishing or operating the Site and the Products and Services shall be our property and may be sold, distributed or otherwise disseminated by us for any purpose whatsoever, provided We shall not sell, distribute or otherwise disseminate specific information about you in such a way that would identify you, except to the extent authorized in writing by you.

Charges and Payment

a. The current charges for registration for the Products and Services are posted on our web-site. [Please click here to view our charges.] We may, in our sole discretion, change the fees or the basis upon which We charge for using the Products and Services at any time.

b. If you cease to make payments when due, We may terminate your use of the Products and Services.

c. The Tejari online payment environment is secured by the highest standard of 128-bit data encryption and accurate identification technology available to ensure that your shopping experience is safe, simple and secure.

d. Tejari respects and will continuously guard your right to privacy. Upon proceeding to pay for your order online, your personal information will be transmitted via a secured connection and encrypted. Subsequently, for your protection, just prior to the transmission, your browser will make a confirmed identification that communication is being made solely with payment gateway providers. Only upon this authentication of a secure connection between your computer and the payment gateway provider, will your order be processed online. Tejari will neither collect nor store payment card details on its servers.

Liabilities

a. You are responsible for the content of any material distributed by you through the Site and/or the Exchange. You are responsible for all liabilities arising out of your use of the Site, the Exchange or your web-site.

b. We will not be responsible for any expenses, damage, loss liability or costs, including legal costs, whether or not consequential, caused as a result of or in connection with your use of the Site or any of the Products and Services. You agree to indemnify us for any expenses, damage, losses, liabilities or costs incurred and any claims or legal proceedings which are brought or threatened against us, in each case arising from your use of the Site, the Products and Services and/or your web-site.

c. We reserve the right to remove any information We deem to be in breach of any of these User Conditions without notice and/or to make available such information when required to do so by law or when so requested by regulatory bodies or law enforcement organizations.

d. In no event shall We be liable for any loss of profits or consequential or economic loss of any kind. Our liability will not exceed, in any circumstances, the fees paid by you to register as a User.

e. All implied warranties and undertakings are hereby excluded, to the maximum extent permitted by law.

No Transfer

You may not assign, sub-license, sub-contract, transfer or otherwise dispose of any of your rights or obligations under the User Conditions without our prior written consent.

Force Majeure

We shall not be liable to you for any delay or non-performance of the Site or any of the Products and Services arising from any cause beyond our reasonable control or arising from any cause attributable to our service providers.

Termination

a. Your access to the Site or any of the Products and Services may be ended by either you or us at any time on giving at least 30 days’ notice. We may also immediately end, suspend or restrict your access to the Site or any of the Products and Services if:
o you breach these User Conditions and, if the breach can be remedied, you fail to remedy the breach within 14 days from the day We give notice to you requiring you to do this;
o you breach these User Conditions repeatedly;
o any event occurs which is beyond our reasonable control or that of our service providers which in either case prevents us from continuing any of the Products and Services; or
o you have ceased to trade, have become insolvent, or entered into administration, or are unable to pay your debts, or We have a reasonable belief that any of these is likely to apply.
You shall not be entitled to any refund of fees paid to us in the event of any action on our part to end, suspend or restrict your access to the Site, the Exchange or any of the Products and Services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY TEJARI ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION AND GIVE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED AND OFFERED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TEJARI HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR USE OR PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEJARI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Law and Dispute Resolution

These User Conditions and your use of the Site and the Products and Services, shall be governed by and construed in accordance with the laws applicable in the Emirate of Dubai. Any disputes arising out of or in connection with these User Conditions and your use of the Site and/or the Products and Services shall be settled by arbitration in Dubai in accordance with the Dubai Chamber of Commerce & Industry’s Rules of Commercial Conciliation & Arbitration, before a single arbitrator selected by mutual agreement or, in the absence of agreement, by the President of the Dubai Chamber of Commerce and Industry on the application of either of us. The language of the arbitral proceedings shall be English.

General

a. If you change your name, e-mail address or any other address or information you provide to us on registration, you must notify us of the new details promptly.

b. We may vary these User Conditions from time to time. We will give you notice of any change to these User Conditions by posting notice of that change on the Site. You will be deemed to have received our notice and be bound by the change on accessing or using the Site at any time after the change has been posted on the Site.

c. We will give you any other notice under these User Conditions by e-mail. You will be treated as having received our notice when We receive electronic delivery receipt notification confirming delivery of our e-mail to you.

d. You must give any notice under these User Conditions by e-mail to the address We notify to you from time to time.

e. If at any time We do not insist on or enforce any of our rights under these User Conditions, We may still insist on or enforce that right later.

f. If any of these User Conditions is illegal, invalid or unenforceable, the remaining User Conditions will not be affected.

g. All terms relating to the Products and Services are contained in these User Conditions and in the documents referred to in them. These User Conditions will prevail over any other documents purporting to have legal effect.

h. We have the right to use Registration Data (other than financial information) for marketing purposes and We may disclose the same to third parties.

If you wish to contact at any time regarding our Terms and Conditions of Use, you can e-mail us at webmaster@Tejari