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Terms and conditions of use
1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Copyright notice
2.1 Copyright (c) 2018 Mahalna W.L.L.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6. Buyer registration and accounts
6.1 This Section 6 applies to buyers and prospective buyers.
6.2 To be eligible for a buyer account on our website under this Section 6, you must be at least 21 years of age and resident in the Kingdom of Bahrain.
6.3 You may register for a buyer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
7. Seller registration and accounts
7.1 This Section 7 applies to sellers and prospective sellers.
7.2 To be eligible for a business account on our website under this Section 7, you must be operating a business that is either:
(a) an Individual Establishment; or
(b) a company established under the laws of the Kingdom of Bahrain.
7.3 To be eligible for an individual account on our website under this Section 7, you must be at least 21 years of age and resident in the Kingdom of Bahrain.
7.4 You may register for a seller account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
8. User login details
8.1 If you register for an account with our website, you will be asked to enter your email and choose a password. After registration is complete, your username shall be generated automatically for login purposes, but you shall choose your own shop name if you register for a seller account.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 19; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
9. Cancellation and suspension of account
9.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
9.2 If you wish to cancel your account on our website, you will need to send us a written request via email to contact@mahalna.com stating your wish. All orders must be cleared before cancellation is requested and your account may not be cancelled while orders are pending. You will not be entitled to any refund if you cancel your account in accordance with this Section 9.2.
10. Seller stores
10.1 If you register with our website as a seller, you will be able to create your own shop on the website.
10.2 To create a shop on our website, you should follow the steps mentioned in the FAQ.
10.3 Seller shops that are submitted will be individually reviewed within 48 hours following submission.
10.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any seller shop that breaches these terms and conditions or that does not meet any additional guidelines for seller shops published on our website.
10.5 If we permit the publication of a seller shop, it will remain published on our website indefinitely, subject to these terms and conditions.
11. Seller listings
11.1 If you register with our website as a seller and create a shop on the website, you will be able to submit listings to the website.
11.2 To create a listing on our website, you should take the follow the steps mentioned in the FAQ.
11.3 Listings that are submitted will be individually reviewed within 48 hours following submission.
11.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
11.5 If we permit the publication of a listing, it will remain published on our website indefinitely, subject to these terms and conditions.
11.6 Listings submitted to our website must be true, fair, complete and accurate in all respects.
11.7 Listings submitted to our website must constitute bona fide listings relating to the products advertised.
11.8 Listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a listing, please contact us via email on contact@mahalna.com.
11.9 You must keep your listings up to date using our website interface; in particular, you must remove any listings in respect of products that have ceased to be available.
11.10 You must ensure that all prices specified in or in relation to a listing are in Bahraini Dinars only.
12. Product rules
12.1 Seller accepts to be solely responsible for the products’ quality, features, safety, adequate packaging, nutritional information contained on labels or advertised online, names, marks, standard labels and any product related information that may be required or expected by buyers. Any disclaimers, notices, warnings or product restrictions must be clearly stated.
12.2 Seller undertakes to address any issues raised by buyers, including, but not limited to, complaints and refunds in a timely and effective manner.
12.3 You must not advertise, buy, sell or supply through our website any product that:
(a) breaches any law, regulations or code, or infringes any person’s intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 19; or
(c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right; alcoholic products; tobacco, tobacco products or cigarettes; motor vehicles; real estate; animals, pets, livestock or any living beings.
13. The buying and selling process
13.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and another registered website user, and accordingly that you commit to buying or selling the relevant product or products, in the following circumstances:
(a) a buyer must add the products he or she wishes to purchase to the shopping cart, and then proceed to the checkout;
(b) if the buyer is a new user, he or she must create a buyer account with the website and log in; otherwise, the buyer must enter his or her login details;
(c) once the buyer is logged in, he or she must select the preferred method of payment, and delivery, and confirm the order and his or her consent to these terms and conditions and the applicable terms and conditions of sale;
(d) in case the buyer has chosen payment through a third party, he/she will be transferred to the website of the appointed payment service provider, and the payment service provider will handle the buyer’s payment to the website; buyers must submit payment in full via credit or debit card;
(e) the website will then send to the buyer an automatically generated acknowledgement of order, and payment if through appointed payment service provider;
(f) once the seller has checked whether it is able to meet the buyer’s order, the seller will send to the buyer an order confirmation (at which point the order will become a binding contract between the seller and the buyer) or the seller will confirm by email that it is unable to meet the buyer’s order.
14. Terms and conditions of sale
14.1 Sellers must use the website interface to create legal notices applying to their relationships with customers.
14.2 A seller must ensure that:
(a) the seller’s legal notices are sufficient to meet the seller’s legal disclosure obligations and other legal obligations; and
(b) the seller complies with all laws applicable to their product listings and sales, including where applicable, but not limited to: the Civil Code, Commercial Law, Consumer Protection Law, and the Electronic Transactions Law.
14.3 Notwithstanding any terms agreed between a buyer and a seller, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
(a) the price for a product will be as stated in the relevant product listing;
(b) delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, and VAT and other taxes will only be payable by the buyer if this is expressly and clearly stated in the product listing;
(c) deliveries of products must be made within 30 days following the date the contract of sale comes into force or such shorter period as the buyer and seller may agree;
(d) appropriate means of delivery of products must be used by the seller; and
(e) products must be of satisfactory quality, and must be fit for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.
14.4 Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.
15. Marketplace fees
15.1 Marketplace sellers must pay to us the following amounts:
(a) commission in respect of each sale made through our website.
15.2 In respect of fees payable to us by sellers:
(a) the fees will be as specified on our website from time to time; and
(b) the scope and duration of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid.
15.3 In respect of commission payable to us by sellers:
(a) commission shall be payable at the rate of 7% of aggregate sales value (excluding value added taxes, sales taxes and delivery charges), and this rate may be changed at our discretion from time to time;
(b) we shall deduct commission due from amounts held or processed by us on behalf of the seller; and
(c) commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.
15.4 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
15.5 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
15.6 We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted.
16. Payments
16.1 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
16.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
16.3 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
16.4 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
17. Our role
17.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in listings;
(c) we are not party to any contract for the sale or purchase of products advertised on the website;
(d) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
(e) we are not the agents for any buyer or seller,
and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any products advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
17.2 The provisions of this Section 17 are subject to Section 22.1.
18. Your content: licence
18.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
18.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, platforms, or successor websites.
18.3 You grant to us the right to sub-license the rights licensed under Section 18.2.
18.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 18.2.
18.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
18.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
18.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
19. Your content: rules
19.1 You warrant and represent that your content will comply with these terms and conditions.
19.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
19.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
19.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
19.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
19.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
20. Report abuse
20.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
20.2 You can let us know about any such material or activity by email to contact@mahalna.com.
21. Limited warranties
21.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
21.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
21.3 To the maximum extent permitted by applicable law and subject to Section 22.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
22. Limitations and exclusions of liability
22.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
22.2 The limitations and exclusions of liability set out in this Section 22 and elsewhere in these terms and conditions:
(a) are subject to Section 22.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
22.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
22.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
22.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
22.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
22.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
22.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
22.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
23. Indemnity
23.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
24. Breaches of these terms and conditions
24.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
24.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
25. Third party websites
25.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
25.2 We have no control over third party websites and their contents, and subject to Section 22.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
26. Trade marks
26.1 Mahalna, , and mahalna.com, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
26.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
27. Variation
27.1 We may revise these terms and conditions from time to time.
27.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
28. Assignment
28.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
28.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
29. Severability
29.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
29.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
30. Third party rights
30.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
30.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
31. Entire agreement
31.1 Subject to Section 22.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
32. Law and jurisdiction
32.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain.
32.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Bahrain.
33. Statutory and regulatory disclosures
33.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
33.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
33.3 These terms and conditions are available in the English language only.
33.4 We are registered in the Ministry of Industry, Commerce & Tourism; you can find the online version of the register at https://www.sijilat.bh, and our registration number is 117349-1.
34. Our details
34.1 This website is owned and operated by Mahalna W.L.L.
34.2 We are registered in The Kingdom of Bahrain under registration number 117349-1, and our registered office is at Office GD38, Flat 246, Building 2648, Road 5720, Block 257, Amwaj, Kingdom of Bahrain.
34.3 Our principal place of business is at Office GD38, Flat 246, Building 2648, Road 5720, Block 257, Amwaj, Kingdom of Bahrain.
34.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
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