MARKETPLACE
MARKETPLACE
Last modified: 10 January 2018
Your use of the Website and the Services is governed by these Terms. These Terms provide you with information about the Terms upon which we agree to provide, permit and allow you to access and use the Website. Please print a copy of these Terms and refer to it as you use the Website , Systems and Services. You agree to be bound by these Terms if you continue using the Website. If you do not agree to these Terms of Service, you must immediately refrain from using the Website and the Services.
BY USING THIS WEBSITE AND OTHER WEBSITES OWNED AND OPERATED BY AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC MARKETPLACE (the “Companies”), YOU AGREE TO BE CONTRACTUALLY BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT (the “Terms of Use”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THE SITES (AS DEFINED HEREIN BELOW) IMMEDIATELY.
In these Terms of Use, the term “Sites” refers to any of the ABC MARKETPLACE websites and their derivatives, or to any other website owned and operated by the Companies and from or to which you may have been redirected.
Access to the Sites is offered to you by the Companies’ on the condition that you accept without modification the terms, conditions and disclaimers contained herein. Your use of the Sites and the content therein constitutes your agreement to all such Terms of Use. Any personal information collected, used or disclosed by the Companies through the Sites is subject to the Companies’ Privacy Policy. By agreeing to these Terms of Use, you consent to the collection, use and disclosure of personal information in accordance with our Privacy Policy.
The Terms and Conditions of Use related to your Account, as defined herein below, form an integral part of, and are incorporated by reference to, these Terms of Use and can be accessed by clicking here.
All content included in the Sites, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites (the “Content”), is provided for informational purposes.
The Companies intend for the Content on the Sites to be accurate and reliable, however, the Sites and the Content are provided to you on an “as is” and “as available” basis and without warranty or condition of any kind, whether express or implied. In particular, the Companies do not control the Content posted by users on the Sites and make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Sites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Companies, their respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Companies expressly disclaim any representation or warranty that the Sites will be free from errors, viruses or other harmful components, that communications to or from the Sites will be secure and not intercepted, that the services and other capabilities offered from the Sites will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
The Sites in addition may offer various editorial content which is expressly for informational purposes only.
Without limiting the foregoing, the Companies expressly exclude (and you hereby release the Companies from) any liability for any of the following:
Nothing in these Terms of Use is intended to limit or exclude any liability on the part of the Companies where and to the extent that applicable laws prohibit such exclusion or limitation.
In no event shall the Companies or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Sites or any other site you or users of your account may access while using the Sites or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.
Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Sites is solely between you and such third parties, and the Companies have no control over the quality, legality or inappropriate nature of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. The Companies are not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the Companies, are responsible for compliance with all laws applicable in any such transaction.
You acknowledge and expressly agree that use of the Sites is at your sole and own risk. You agree to defend, indemnify and hold the Companies and their affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable lawyer’s fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of the Sites, including without limitation, the placement or transmission of any information or other materials on the Sites by you or users of your account.
You shall not use the Sites in any way that would interfere with their operation nor submit any content to the Sites which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Sites any information or other materials that:
The Companies do not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Sites and the Companies expressly disclaim any and all liability in connection with your submissions to the Sites.
The Companies reserve the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Sites, in whole or in part, at any time, at its sole discretion and without prior notice.
By posting, uploading or submitting any information, material or content to the Sites, you automatically grant (or warrant that the owner of the rights to such material or content has expressly granted you the rights to grant) the Companies a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free right to use, reproduce, modify, adapt, improve, create derivative works from, publish, remove, retain, add, process, analyze, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of the Sites in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Sites without the express consent of the Companies.
You may create a link (the “Hyperlink”) to one or more of the Sites provided that:
The Companies may withdraw your right to Hyperlink to the Sites at any time in their sole discretion.
Links available on the Sites will allow you to link to websites or resources not maintained or controlled by the Companies. The Companies provide these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party websites. The Companies have neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third party websites at your own risk. You acknowledge and agree that the Companies shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
All Content published on or otherwise accessible through the Sites, including without limitation, all texts, designs, images, photographs and other information, is protected under EU, Bahraini and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Companies and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). The Companies grant you a limited license to display or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Sites and maintain such notices in the Content. The Companies do not warrant or represent that your use of materials displayed on, or obtained through, the Sites will not infringe the rights of third parties.
ABC MARKETPLACE, ABC Communities™, Arabian Business Community™, ABC Directories™, gdnonline.com™, GDN MARKETPLACE, GDN Classifieds are trademarks of either of the Companies published globally. All other products, services and company names mentioned in the Sites may be trademarks of either of the Companies and/or their affiliates or their respective owners. You shall not use any trademark displayed on the Sites without the express written permission of the applicable Company or the relevant owner of the trademark.
The Companies reserve the right to change or remove any Content from the Sites, in whole or in part, at their sole discretion, at any time, without notice. The Companies reserve the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. You must regularly review these Terms of Use. Please refer to the last update date which appears at the bottom of this page to know the posting date of any change. Your continued use of the Sites following any modification to the Terms of Use constitutes your agreement to such modified Terms of Use.
In order to access certain parts of the Sites, you may have to register as a user with the Companies. During registration for a user account (“Account”), you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Companies of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Companies will not be liable for any loss or damage arising from your failure to comply with this section.
These Terms of Use shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain or in the alternate to the Laws governing the Trade marks in their respective jurisdictions. The parties hereby agree and to the exclusive jurisdiction of the courts of the province in which you reside. The parties have required that these Terms of Use and all related documents be drawn up in English.
The Companies reserve the right to terminate or suspend access to the Sites and/or to terminate these Terms of Use at any time without notice and for any reason whatsoever. The Companies reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion. Any service order or transaction performed on or through the Sites may be subject to additional terms and conditions or terms of sale. The Terms of Use of the Sites and all other documents referenced herein constitute the entire agreement between the Companies and you with respect to your use of the Sites or the use by users of your account. The Companies’ failure to insist upon, or enforce strict performance, of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any terms in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC MARKETPLACE (the “Companies”), have created this privacy statement (the « Statement ») is firmly committed to the protection of your privacy. This Statement sets out how we collect, use and secure the personal information of individuals using any website owned by us (each, ABC MARKETPLACE Website). This Statement reflects the requirements of the Kingdom if Bahrain’s privacy legislation as well as our continuous commitment to protecting your personal information in line with international standards and protocols.
BY USING AN ABC MARKETPLACE WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING PRIVACY STATEMENT. IF YOU DO NOT AGREE WITH THIS STATEMENT, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.
Personal/ Company information is information about you that uniquely identifies you as an individual or a company. Your name, address, e-mail address, or telephone number are all examples of this information. However, the name, address and telephone number of an individual that appears in a telephone directory that is available to the public (where such individual can refuse to have such information appears in such directory) does not fall under the scope of personal information as it is publicly available information. Also, in some circumstances, some of this information may qualify as business information which is also covered by this Statement.
We do not automatically gather any personal information from users of ABC MARKETPLACE Websites. This information is only obtained online if you supply it voluntarily, usually through contacting us via e-mail, applying online for a contest, answering online surveys, submitting a posting to a blog, forum, or review of a company entry or registering for services. You are not required to supply personal information to view the content of any ABC MARKETPLACE Website. You should also be aware that if you share personal information in public areas of an ABC MARKETPLACE Website, this information may be seen and used by others users. We urge you to exercise good judgment when sharing personal/company information in these public areas.
If you decide not to provide us with personal/company information online, no material consequences will result, although you may be unable to amend entries in the ABC Directories that you have a proprietory or employee interest in, participate in certain promotions, receive product information, or use portions of a ABC MARKETPLACE Website that require personalized information or applications. ABC MARKETPLACE Websites provides users the opportunity to opt-out of receiving communications from us at the point where we request contact information about you.
ABC MARKETPLACE Websites may use cookies to track user traffic patterns. A cookie is a small data file that certain websites write to your hard drive when you visit them. The only personal information a cookie can contain is information you supply yourself. A cookie cannot read data from your hard disk or cookie files created by other websites. ABC MARKETPLACE does not correlate this information with data about individual users, nor does it share this information or sell it to any third party. We only use cookies to tailor the visitor’s experience to the ABC MARKETPLACE Websites. If you prefer not to receive cookies from an ABC MARKETPLACE Website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. This could affect the areas of ABC MARKETPLACE Website that are accessible to you.
We may use software that receives and records the Internet Protocol (IP) address of the computer that has contacted ABC MARKETPLACE Websites. We make no attempt to link these addresses with the identity of individuals visiting ABC MARKETPLACE Websites.
We may also use service providers to serve third party’s advertisements on ABC MARKETPLACE Websites or ABC MARKETPLACE advertisements on other websites. In serving advertisements these providers may place cookies on your browser computer and may collect certain anonymous information about your visits to other websites or on ABC MARKETPLACE Websites. This information may include browser, IP address, domain name and the name of the web page from which you entered such websites, web activity and time of day. This information is used by these third parties to better understand and optimize the online advertising campaigns.
Information posted on ABC MARKETPLACE is publicly available. Our servers are located with Microsft Azure , therefore, if you choose to provide us with personal information, you are consenting to the transfer, publish and storage of that information on our servers through the Azure cloud servers.
From time to time, we analyze traffic and use ABC MARKETPLACE Websites to determine which features and services people like and do not like so that we can improve what we do. We prepare aggregated user statistics or information summaries in order to describe our services to third parties such as prospective business partners and advertisers and for other lawful purposes.
We will generally collect and use personal information to administer our contests, promotions, surveys, reward programs and other services, to understand our customers’ responses, needs and preferences, and to generally manage our business.
We may also use personal/company information to contact our customers or suppliers with marketing or promotional materials regarding our products, programs and services or to assist our front-line staff in providing tailored sales offers to our customers. We may exchange or merge personal information with data obtained from third parties for the same purposes.
Personal/Company information may be shared with our agents or contractors in connection with services that they perform for us. Our written agreements with such agents and contractors ensure that personal information can only be used for the purposes for which it was shared with them, and that they handle the personal information in accordance with this Statement.
By providing us with your personal information, you consent to our collection, use and disclosure of that information as described in this Statement as amended from time to time or as described at or before the time of collection, use or disclosure, as the case may be. If you do not want your personal information to be collected, used or disclosed in this manner, then please either:
If you have submitted personal information to us and wish to withdraw your consent to its retention, use or disclosure, please send an e-mail to privacy@abcmarketplace.net You may withdraw your consent, subject to legal or contractual restrictions and reasonable notice. If you withdraw your consent, we may not be able to provide some products or services to you.
Where permitted or required by law, we may collect, use or disclose your personal information without your consent, for example, to collect a debt you owe us, to comply with a legally permitted inquiry by a government agency, or to comply with a court order.
We use physical, organizational and technological safeguards to protect your personal information against theft, loss or unauthorized access, use, modification, disclosure or disposal. Generally speaking, you can visit ABC MARKETPLACE Websites without revealing personal information. However, given that electronically submitted data is not 100% secure, we make no warranties as to the security of any personal information you submit online, which you do at your own risk.
Your use of ABC MARKETPLACE Websites, and any disputes arising from it, is subject to this Statement and governed by our Terms of Use, including its choice of law provisions. We reserve the right to change and update the Policy and these changes will be made when appropriate, in a timely manner. We encourage you to examine our Policy from time to time to ensure you are aware of any changes we may have made.
Upon written request, ABC MARKETPLACE will provide you access to your personal/company information, subject to certain exceptions as provided by the applicable legislation. If you notice any errors or omissions in your personal information, please advise us in writing and we will promptly correct them where appropriate. If you have concerns regarding our Statement, the security of your personal information or our compliance with the applicable personal information protection legislation, please send a brief explanation of your concern to our Privacy Officer at:
Privacy Officer, ABC MARKETPLACE , PO Box 1100, Manama Kingdom of Bahrain
Please read the Terms and Conditions carefully, as your use of your Account (“Site”) constitutes your acceptance of the Terms and Conditions. Do not use the Site if you are unwilling or unable to be bound by the Terms and Conditions. These Terms and Conditions are in addition to the standard Terms of Use.
2.1 Your use of the Site shall indicate your consent to be legally bound by, and comply with, all of the following terms and conditions. By using the Site, you represent and warrant that you have full right, power, and authority to execute, deliver and fully perform you obligations under this Agreement. The Companies may periodically modify and supplement these Terms and Conditions and the notice provided to you will be the updating of these Terms and Conditions. You are responsible for regularly checking these Terms and Conditions for revision. All amended Terms become effective upon our posting to the Site and any use of the Site after such revisions have been posted signifies your consent and agreement to the modified Terms and Conditions.
2.2 You may be required to register and create an account (“Account”) with the Site in order to access certain features of the Sites. Information gathered through the registration process and information related to your account will be subject to these Terms and Conditions as well as to our Privacy Policy you represent and warrant that all information provided by you when creating an Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. You represent and warrant that you are at least 18 years old. You agree to take full responsibility for maintaining the confidentiality of your account under name, password, and all related activity that occurs under your account user name. If you violate these Terms and Conditions, The Companies may, at their sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action that the Companies deems appropriate. We are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.
2.3 You agree that you are only authorised to visit, view, and retain a copy of pages of this Site for your own personal use or when representing your business for the use of your business, and that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the materials of this Site or any use, or for any purpose other than as described in these Terms and Conditions.
3.1 You agree that Content you will post will not:
3.2 Any User Content submitted shall be owned exclusively and perpetually by the Companies. As such, the Companies may store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Content, without any obligation, notification or compensation to you. You agree and acknowledge that the Companies and their affiliates have the full right and authority to use User Content for any purpose related to the Site, including the marketing, sale, syndication, and development of the Site and any successors thereto. The Companies have the right and authority to make the User Content available to sublicense to other companies, organizations or individuals.
3.3 You agree and acknowledge that the Companies and their affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Content in such manner as may be required to conform User Content to standards, protocols, formats and requirements related to the Site and any medium by which they are accessible currently or prospectively. You agree and acknowledge that the Companies and their affiliates may transmit or distribute the User Content in all formats and mediums over various networks.
3.4 The Companies are under no obligation to review any User Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability relating to any such User Content. You may not imply that any User Content is any way sponsored or endorsed by the Companies; which reserves the right, but not the obligation, to refuse to post or remove any User Content at our sole and absolute discretion.
4.1 From time to time and without prior notice to you, we may change, expand and improve the Site. We may also, at any time, cease to continue operating part or all of the Site or selectively disable certain aspects or portions of the Site. Any modification or elimination of the Site will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site does not entitle you to the continued provision or availability of the Site.
5.1 By using the Site, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Site Content (except for your own personal, non-commercial use) from the Site. In addition, you will not use the Site Content for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
5.2 You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to gather or extract data from the Site.
5.3 You may not use the Site to compile data (or any other portion of the Site Content), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning, operation, usage and display of the Sites by any other authorized users and third parties.
5.4 You are prohibited from modifying or obscuring the manner in which the Site is displayed or used, including framing, scraping or any other technique that would alter the visual display of the Site or Site Content. You may not obscure advertisements displayed as part of the Site, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by the Companies in our sole and absolute discretion, you may not link to the Site (including deep linking to a specific portion of the Site). You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Site Content on a third party website.
6.1 You are under no obligation to use or continue to use the Site and may at any time temporarily or permanently cease using the Site.
6.2 We may, at any time in our sole discretion, (i) suspend or terminate your access to and use of the Site or any of their features in response to a breach of the Terms and Conditions, or for any other reason; (ii) move, edit, delete or destroy any materials that you provide or deliver to the Site; (iii) access, preserve, or disclose any materials that you provide or deliver to the Site; or (iv) take any other remedial action available at law in response to a breach of this Agreement.
7.1 You agree to indemnify and hold AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC MARKETPLACE, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms and Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Companies reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of the Companies who will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8.1 Any use of the Site, reliance upon any of the Site Content, and any use of the Internet generally shall be at your sole risk. ABC MARKETPLACE disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Site Content accessible by use of the Site.
8.2 THE SITE (INCLUDING SITE CONTENT AND INFORMATION POSTED AND ACCESSIBLE THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ABC MARKETPLACE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE. THE COMPANIES DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
8.3 IN NO EVENT SHALL ABC MARKETPLACE BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF ABC MARKETPLACE IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, (2) THE SITE CONTENT OR THE INTERNET GENERALLY, (3) THE USE (OR INABILITY TO USE), (4) RELIANCE UPON OR PERFORMANCE OF ANY SITE CONTENT CONTAINED IN OR ACCESSED FROM ANY ABC MARKETPLACE SITE OR A THIRD PARTY SITE, OR (5) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SITE. ABC MARKETPLACE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER SITE CONTENT ACCESSIBLE FROM THE SITE.
8.4 THE USER OF THE SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
9.1 The Site may include links to other websites (each, a “Third Party Site”). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability of content of such Third Party Sites. The content and information you provided to a Third Party Site may be shared and used on the Site in accordance with our Privacy Policy. Should you not want the content and information you provided to a Third Party site shared and used on the Site, you should adjust your privacy and application settings accordingly on the Third Party Site. In no event shall The Companies be liable to you for the use of the content and information provided by a Third Party Site.
IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE GENERAL TERMS OF SERVICE AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
These General Terms of Service (this “TOS”), as may be modified or amended periodically by ABC MARKETPLACE (as defined below), are a legally binding agreement made by and between ABC MARKETPLACE and you, personally and, if applicable, on behalf of the entity for whom you are using any of ABC MARKETPLACE’s products or services, (collectively, “you” or “your”). This TOS governs your use of all ABC MARKETPLACE products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is 10th January 2018.
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, ABC MARKETPLACE DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY ABC MARKETPLACE, ITS AFFILIATES (As defined in the General Terms of Use and below), OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
1.1 The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
1.2 Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with ABC MARKETPLACE, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.
1.3 Additional Terms. ABC MARKETPLACE provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
If you advertise through ABC MARKETPLACE or access our business services, then you will be subject to our Advertising Terms and Conditions and where applicable, the Terms and Conditions of Use of ABC MARKETPLACE Premium Partner Account and General Terms of Service
1.4 Nature of Services. ABC MARKETPLACE provides Services that are, unless otherwise expressly stated, advertising sites and services. ABC MARKETPLACE displays advertising on behalf of businesses and ABC MARKETPLACE relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does ABC MARKETPLACE endorse and/or have any other connection with the businesses that advertise with us.
1.5 Changes to Terms. ABC MARKETPLACE may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
2.1 Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, ABC MARKETPLACE grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that ABC MARKETPLACE may provide from time to time.
2.2 Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. ABC MARKETPLACE may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, ABC MARKETPLACE may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until ABC MARKETPLACE chooses to terminate it, regardless of whether any account you open is terminated by you or ABC MARKETPLACE or whether you continue to use or continue to have the right to use the Services.
2.3 Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by ABC MARKETPLACE, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or ABC MARKETPLACE (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“ABC MARKETPLACE Marks”), used in connection with the Services, without express permission from the owner.
2.4 Unauthorized Use of Marks. Although ABC MARKETPLACE protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of ABC MARKETPLACE Marks by a third party; accordingly, do not rely upon any third party’s use of any ABC MARKETPLACE Marks in determining whether a third party is affiliated with ABC MARKETPLACE, as such use may be unauthorized.
2.5 Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with ABC MARKETPLACE’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity (including ABC MARKETPLACE), or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (vii) submit false or misleading information to ABC MARKETPLACE; (viii) violate any law, rule, or regulation; (ix) use any ABC MARKETPLACE Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the ABC MARKETPLACE-bahrain.com or domain name or any domain name that is confusingly similar to this or another ABC MARKETPLACE domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service; (xi) link to or “frame” any ABC MARKETPLACE website (including deep linking to a specific portion of any ABC MARKETPLACE website) or overlay content on the Services; (xii) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Services; or (xiv) assist any third party in engaging in any activity prohibited by this TOS. ABC MARKETPLACE reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.
2.6 Changes. ABC MARKETPLACE may change or discontinue any of the Services at any time without notice or liability to you or any third party.
You agree that ABC MARKETPLACE may collect, use, and share your information in accordance with the Privacy Policy
4.1 Your Content. Some of the Services may allow you to submit or generate content. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant ABC MARKETPLACE (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
4.2 Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to ABC MARKETPLACE, you agree that ABC MARKETPLACE can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to ABC MARKETPLACE in which you do not wish to grant such rights.
4.3 Third Party Content. ABC MARKETPLACE may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. ABC MARKETPLACE does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. ABC MARKETPLACE is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. ABC MARKETPLACE will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that ABC MARKETPLACE is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
4.4 Objectionable Content. If you become aware of any objectionable third-party content, you may contact us to report it. ABC MARKETPLACE will address such requests if and to the extent it deems appropriate, in its sole discretion.
5.1 DISCLAIMER OF WARRANTIES. ABC MARKETPLACE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABC MARKETPLACE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. ABC MARKETPLACE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ABC MARKETPLACE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. ABC MARKETPLACE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM ABC MARKETPLACE OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
5.2 EXCLUSION OF DAMAGES. ABC MARKETPLACE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
5.3 LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ABC MARKETPLACE ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID ABC MARKETPLACE FOR YOUR USE OF THE SERVICES; (II) US$50; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
5.4 NATIONAL AND INTERNATIONAL LAW RIGHTS. CERTAIN NATIONAL AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.5 Indemnity. You agree to indemnify, defend and hold ABC MARKETPLACE and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, ABC MARKETPLACE may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of ABC MARKETPLACE.
6.1 Applicability of Section. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions: (1) if ABC MARKETPLACE reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to ABC MARKETPLACE or any third party, ABC MARKETPLACE may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services. Furthermore, in no event will the terms of this section limit ABC MARKETPLACE’s ability to investigate complaints or reported violations of this TOS or to take any action ABC MARKETPLACE deems necessary and appropriate to mitigate actions against ABC MARKETPLACE, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
6.2 Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact us at ABC MARKETPLACE ; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give ABC MARKETPLACE 30 days within which to resolve the dispute to your satisfaction.
6.3 Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
ABC MARKETPLACE will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.
This TOS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the Kingdom of Bahrain without regard to any provision governing conflicts of law. This TOS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and ABC MARKETPLACE relating to the Services. You may not transfer your rights or obligations under this TOS without the prior written consent of ABC MARKETPLACE. ABC MARKETPLACE may freely do so, in whole or in part. This TOS will be binding upon the successors and permitted assigns of you and ABC MARKETPLACE. This TOS does not create any third party beneficiary rights. This TOS will be interpreted as if equally drafted by ABC MARKETPLACE and you. A party’s failure or delay in exercising any right, power or privilege under this TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TOS. You and ABC MARKETPLACE are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
By providing your email address, you agree that ABC MARKETPLACE may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. ABC MARKETPLACE may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to ABC MARKETPLACE, please send written communication to:
Attn: Legal DepartmentABC MARKETPLACE Po Box 1100Manama Kingdom of Bahrain