Welcome to Zabayen

Last Update: May 27, 2020

Zabayen offers a website and mobile application that work as an intermediary online platform between sellers and buyers, the platform allows the seller to register an account on the platform, display his own handicrafts and homemade products, it also allows the buyers to communicate with the sellers in case they wish to purchase, and we provide our services in accordance with the following terms and conditions:

Section 1: Definitions

Section 2: Our Services

Section 3: Legal Scope of Our Services

Section 4: Legal Nature of Agreement

Section 5: Consent and Capacity

Section 6: Electronic Signature

Section 7: Bilateral Contract

Section 8: Registration of Membership

Section 9: Fees Policy

Section 10: Payment Policy

Section 11: Content Policy

Section 12: Terms of Handicrafts and Household Products

Section 13: Managing Selling Processes

Section 14: Delivery Policy

Section 15: Release The Liability

Section 16: Rating and review policy

Section 17: Copyrights

Section 18: Trademarks

Section 19: Acceptable Use Policy (AUP)

Section 20: Telecommunications

Section 21: Notifications

Section 22: Legal Liability

Section 23: Provision of Services

Section 24: Limits of Our Liability

Section 25: Compensations

Section 26: Amendments

Section 27: Cancellation

Section 28: Annulment of The Agreement

Section 29: Applicable Law and Competent Courts

Section 30: Language


Section 1: Definitions

In this agreement unless otherwise required by the context, the following terms shall have the meanings referred to.

"Zabayen", "Application", "Platform", "We" “Us” or "Our" refers to "Zabayen" application for Android , IOS, the website of Zabayen.net and Zabayen's Company.

"User", "You" or "Your" refers to the person who visits the platform, uses it, registers a membership on the platform, displays the handicrafts and homemade products for sale through it or communicates with the sellers about the advertisements, crafts and products displayed, or anyone who uses the platform in any way.

"Seller" refers to each natural person displays his/her own handicrafts or homemade products through the platform.

"Buyer" refers to anyone who communicates directly with the seller about the crafts, products and advertisements available through the platform for the purposes of purchasing or enquiring about crafts and products.

"Store" refers to the store that the seller creates through the platform to display his own handicrafts and homemade products for sale.

"Handicrafts and Homemade Products" refers to all handmade or homemade products produced, prepared or processed by the seller, including but not limited to food, sweets, handicrafts and artworks. And all manufactured or factory made (non-handmade and non-handcrafted) products are out of this concept.

"Delivery" refers to the delivery service provided by the seller to the buyer for delivering handicrafts and homemade products which the seller and the buyer agreed to sell and purchase.

"Advertising" refers to every advertisement for handicrafts and homemade products available through the platform that the conditions of displaying advertisements stipulated in this document have been fulfilled.

"Content" refers to the content of the platform which includes but not limited to (photos, texts, videos, information, data, prices, lists of handicrafts and homemade products, their descriptions, advertisements, all icons, symbols, letters and figures) and any other content available through the platform in whatever form.

"Agreement" shall refer to the conditions, terms, privacy policy, all pages of the platform, descriptions of services, all information, the content of services, all instructions and the special agreements made between the application on one hand and any of the platform users on the other hand as well as the contracts connected with the terms and conditions.

Section 2: Our Services

  1. "Zabayen" is an online platform that allows the seller to create an online store through us and display handicrafts and homemade products for sale through the platform, in accordance with the terms and conditions of this agreement.
  2. Zabayen platform allows buyers to search in sellers' stores to look for handicrafts and homemade products they wish to purchase. And the purchase is made in accordance with the terms and conditions of this agreement.
  3. Zabayen allows users to register an account on the platform using a mobile number in an easy way to get a unique experience while using the platform.

Section 3: Legal Scope of Our Services

  1. Zabayen platform is not the owner of any of handicrafts and homemade products that are displayed through the stores and belong to the seller. And the seller is legally considered responsible for them. Also the platform is not considered as a buyer since it does not order any of handicrafts and homemade products for itself, rather the order is made by the buyer.
  2. The platform “Zabayen” works as an intermediate online platform that allows the communications among buyers and sellers and our role doesn’t exceed that. We don’t have a supervisory or monitoring authority over the sellers. We don’t represent the buyers and we aren’t agents of buyers. Moreover, the provisions of labor, agency, sponsorship laws and other legal provisions connected with the legal liability for the acts of servants or third parties shall not apply to us. You expressly agree on the nature of our work and role and you deal via the platform out of these terms.
  3. The platform “Zabayen” shall not be deemed to be an internet service provider, shelter provider or information content provider. Also, it shall not be treated as a publisher of any content published via the platform or via any property available for communication via the platform including messages, chatting etc.
  4. All the contents available via the platform are devoted to media and advertising purposes only for providing our services and we shall not provide any warranty in depending on them in any way.
  5. You know of and agree on the exemption of the platform “Zabayen” from any liability arising from the acts of third parties. Whether he is a user, seller or member etc.

Section 4: Legal Nature of Agreement

  1. This agreement shall be deemed to be the entire and final agreement between the platform “Zabayen” on one hand and any person visiting or using the platform or any of its features or advantages on the other hand. This agreement shall be deemed to be a valid contract satisfying the legal conditions and elements and shall be enforceable against all said parties. Its provisions and obligations shall be binding on all of them and neither party may derogate from it or terminate it since it has resulted in its legal effects. This electronic document replaces the written contracts and arranges the same legal effects as those written documents and contracts.
  2. All users of the platform “Zabayen” declare that this agreement forms the entire agreement among them. They declare that they didn’t rely on any emphasis whether oral or written for accepting this agreement other than the provisions stated herein.
  3. The user knows and agrees that the description of the services and the subsequent pages of the platform prepared by the platform “Zabayen” shall form an integral part of this agreement.
  4. The platform provides a privacy policy for our services, and the user's usage of the platform means that he/she accessed this policy and acknowledges that it is an integral part of this agreement.
  5. The amendments of this agreement shall have the same legal provision and effect of this agreement. These amendments include all terms and conditions, privacy policy, policies of providing services and all services available through the platform.

Section 5: Consent and Capacity

You declare that you have the legal capacity necessary for concluding and accepting this agreement and that you have the full unrestricted legal authorities according to the following conditions:

(1) Capacity and Consent of Natural Person

  1. It is stipulated that the user of “Zabayen” be at least 18 years old.
  2. It is stipulated that the user of “Zabayen” must have the legal capacity necessary for concluding contracts and we shall not be responsible for ascertaining the capacity of any of the users of the platform.
  3. With your use of the services of “Zabayen” you agree on this agreement and you declare that you are legally bound by the terms and conditions provided for in this document or its amendments.

(2) Capacity and Consent of The Minor (Those Under 18 Years of Age)

  1. If you are under 18, you may use the platform “Zabayen” Services only with involvement of a parent or guardian.
  2. Without prejudice to any other rights and remedies of “Zabayen” under this User Agreement or at law, “Zabayen” reserves the right to limit or withdraw access to the platform or the membership of any person if “Zabayen” believes that person is under the age of 18 years.

Section 6: Electronic Signature

We make our services available electronically, and communication with all users is done electronically through the platform, so the approval of this agreement must be done electronically. And the user acknowledges that by registering an account on the platform, by clicking on accept the conditions of the service when required to do so on the platform, by communicating with one of the users, or by using the platform in any way is consideredto have implemented this agreement and other conditions of the service electronically, and the agreement is considered to be legally effective in the face of From the date of registration of his account , from the date of the click to accept the conditions of the service or from the date of his use of the platform, this serves as an "electronic signature" by the user that replaces his handwritten signature on this agreement, and produces all the legal effects of the handwritten signature.

Section 7: Bilateral Contract

In case of an agreement between the seller and the buyer upon the purchase of any of the advertised handicrafts or homemade products via the platform, there shall be a bilateral contract between the seller and the buyer and the platform shall not be a party to this contract and its parties shall agree upon all the conditions and warranties connected with them and our role shall be limited to making available the services and advertisements for handicrafts and homemade products via the platform only. Consequently, the platform shall not provide any warranties in view of the performance by either party to the contract of his obligations.

Section 8: Registration of Membership

  1. It shall be stipulated that the natural person registers in the application in his true name and not in an alias, untrue or misleading names. When you register as a natural person, you shall represent yourself only because the account is based on the personal consideration.
  2. The user must provide us with membership registration data , which may include but not limited to (the name, the country, the mobile number) and the user is obliged to notify "Zabayen" platform in case of changing his own mobile number and activating his account with the new number.
  3. The account's picture must be legal and legitimate and does not violate any of the rights of others, and the name of membership or account picture must not include the word "Zabayen" so that some people do not believe that this membership represents the platform in any way.
  4. The user undertakes to maintain confidential information about his account, such as the username and password, and he is responsible for any disclosure of this information to others. Also he is responsible for any use done by any person to whom he has disclosed this confidential information.
  5. The user undertakes to report immediately in case of penetrating the account or its theft as well as discovering any illegal use of this account in the application in order for us to be able to take the technical actions necessary for maintaining the account.
  6. You may not use another person’s account at any time without having an express consent from “Zabayen”. It is prohibited to register more than one membership on the platform for one user, and in case we find out, we will cancel all those accounts.
  7. The platform reserves the right to suspend or cancel any membership that violates any item or para of theparagraphs stipulated in the platform's terms and conditions, privacy policy or any instructions issued to him by the administration of the platform, his attacks on the administration of the platform, the employees of the platform, any of the platform's users, members, visitors or others during his use of the platform.
  8. We reserve the right to cancel the accounts that haven’t been confirmed yet or are inactive for a long time.
  9. Under this agreement, the user authorizes us to show the name of the membership, some of his registered data and account picture to other users and visitors of the platform, which may be used for promotional purposes related to the promotion of the platform's services.

Section 9: Fees Policy

  1. Zabayen platform offers a free membership for sellers and buyers.
  2. Zabayen platform does not currently charge fees or commissions forbuying and selling processes made through the platform, and we provide our services free of charge.
  3. The Platform reserves its right to set future fees for using, registering on the platform, benefiting from any of the services provided on it, or charging any fees or commissions related to the conclusion of buying and selling transactions through it.

Section 10: Payment Policy

  1. In case of an agreement between the seller and the buyer, payment is made directly between them upon receipt.
  2. "Zabayen" platform doesn't interfere in the payment process and doesn't provide any guarantees regarding it, and the payment between the buyer and seller is made on their own liability.
  3. The platform doesn't provide any guarantees regarding obligating the buyer to pay the money owed to the seller, and it also doesn't provide any guarantees regarding the obligation of the seller to return this money in case of a reason to reclaim the order.
  4. "Zabayen" platform has the right to amend the payment policy at any time it considers appropriate.

Section 11: Content Policy

Posting the promotional content for handicrafts and homemade products for sellers serve as a legal advertisement for these products and crafts, therefore the following conditions and controls must be available in this contentso as not to be described as an illegal advertisement:

  1. The content must be legal, compliant with this agreement and with the applicable laws. Also the content must include all the essential data for the handicrafts or advertised homemade products, and the advertised data and the prices must be matching.
  2. The content must not violate any rights of others, such as intellectual property rights, privacy rights, commercial rights, trademarks and other rights of its owners, and the seller acknowledges that he has the full right to post the content through the platform, and that such content does not violate rights of others.
  3. The seller gives us the right to view and share the content that he has posted through the platform, and the platform has the right at any time to put the name "Zabayen" on the content that the seller has provided through the platform.
  4. The platform has the right at any time to delete the content that the seller posts through the platform if we think that this content violates any consumer right or violates the intellectual property rights, trademarks, privacy rights, commercial rights, or property rights of others.
  5. The seller bears all the legal responsibilities in case that he violates any personal or intellectual property rights on any content that he posts through the platform.
  6. The content posted through the platform must be related to handicrafts and homemade products and the advertising of any other things through the platform is prohibited, since the platform is dedicated for the sale of handicrafts and homemade products.
  7. It is prohibited to post content through "Zabayen" platform if you have a blocked membership with us for any reason, and if you use another membership to post content, the platform will delete that content and block the membership which you posted through it.
  8. It is prohibited to add images of handicrafts, unadvertised homemade products, public images from the Internet of handicrafts and similar homemade products. The images must be real and matching to the handicrafts or homemade products provided by the seller or from his previous works.
  9. It is prohibited to post content that contains offensive, racist content or contains any insult to any person, body, culture, nations, peoples or other illegitimate content.
  10. It is prohibited to post any content intended to mislead the buyer, add an unreal description of the products or violate in any way the applicable consumer protection laws.
  11. "Zabayen" platform does not review the content provided by the sellers or the buyers through the platform, and the platform will not be obliged to review this content at any time, and each user must check the content by himself.
  12. "Zabayen" is not an information content provider, and is not treated as a publisher of any content posted via the platform or through any available communication feature via the platform.
  13. The platform does not bear any liability about posting the content, and we are not responsible for the user's violation of any rights of others, which is the liability of the user only.
  14. The platform does not bear any liability for the misuse of the content, which is the liability of the user who misuses the content.
  15. You know and agree to exempt Zabayen platform from any liability for the work of sellers, buyers, users or the others.
  16. In all cases, the user alone shall bear all consequences, compensations and legal liability in case that the content violates any rights of others, violates the applicable laws or violates the provisions of this agreement.
  17. The platform “Zabayen” has the right to display and market the content provided by the seller through the platform in the way that the platform deems appropriate both inside and outside the platform. Also the platform has the right to use this content in promotion processes, commercial and non-commercial advertisements or any other use we deem appropriate to develop and improve the platform and the services provided through it.

Section 12: Terms of Handicrafts and homemade Products

The following conditions and obligations must be available in the handicrafts and homemade products displayed through the platform:

  1. Handicrafts and homemade products must be authorized to be sold and traded in accordance with the applicable laws, and the seller must issue its sales licenses if required by law, and the seller's possession of handicrafts or homemade products must be legal and it must not be prohibited from selling, trading, possessing, using or eating.
  2. The seller must oblige to add products from within the categories specified by Zabayen, and the platform has the right to delete any content that is inappropriate or not subject to the categories available through the platform.
  3. The seller must oblige to add homemade, handmade or personally created products. Also it is prohibited to add ready-made market products or products that are not made by the seller.
  4. The seller must clarify the types of handicrafts and homemade products and all its specifications with real pictures of the works he has done or the works on sale on his part. Also the seller must disclose any defects in these works, and not to commit any fraud or scam against the buyer.
  5. The seller must clarify the price of handicrafts and homemade products which he displays through the platform, and the seller must abide by this price with the buyer, and does not change it at the time of purchase. Also he is obliged not to ask the buyer for any additional amounts that are not agreed upon between them.
  6. The seller guarantees that all the information, images and files of the handicrafts and homemade products which he presents on the platform are correct, accurate and legal, and reflect the handicrafts and homemade products of the sellers.
  7. The seller guarantees not to post any false or misleading information about his handicrafts and homemade products, and that the displaying of handicrafts and homemade products should be legitimate and transparent.
  8. The products that are eaten should be prepared in a clean and healthy environment, and the seller shall take all safety and public health standards, and the ingredients used in preparing those products must be healthy and disclosed by the seller to the buyer, and in all cases the seller bears the liability for any damage to the buyer as a result of eating any of these products.
  9. The seller is solely responsible for the illegality of the handicrafts and homemade products that he displays for sale through the platform or its violation of any of the terms and conditions of this agreement, and he solely responsible for all the legal responsibilities that claimed by the buyer or the others.
  10. The seller is solely responsible for the lack of quality of industries, handicrafts and artworks or its inability to achieve the advertised functions , its lack of conformity to the specifications advertised on the part of the seller or that there are any apparent or hidden defects, with no legal or contractual liability on the platform.

Section 13: Managing Selling Processes

  1. You know and agree that "Zabayen " platform does not manage the processes of buying and selling between the seller and the buyer.
  2. Both the seller and the buyer deal directly without any interference, mediation or guarantees on the part of the platform.
  3. The buyer knows and agrees that the preparation and the delivery of the order is at the seller's own liability.
  4. The seller and the buyer agree with each other on the handicrafts and homemade products on sale, the price, the shipping, the warranty and the return, its duration and conditions without any interference, mediation or warranty from the platform, and the platform is not responsible for the quality or legality and safety of handicrafts and homemade products and is not responsible for payments, remittances or any other matters related to process of buying and selling.
  5. The buyer must check the order and products obtained from the seller before receiving it.
  6. In case that the seller does not accept the orders submitted to him through the platform for 3 days, the platform will automatically cancel the order.
  7. In case that the seller fails to accept 3 consecutive orders, it would expose the seller's store for removal or not appearing on the "Zabayen" platform.
  8. The buyer does not have the right to claim any rights, compensation or to return to us in any way in case of any controversy or dispute between him and the seller. Also the seller does not have the right to return to us for any reason.
  9. The buyer should be cautious, meet sellers in safe places and not to share his personal and banking data.

Section 14: Delivery Policy

  1. The seller provides the service of delivering the products to the buyer, and acknowledges that the delivery process to the buyer is done on his own liability.
  2. The buyer knows and agrees that "Zabayen" platform doesn't interfere in any way with the orders delivery process.
  3. The buyer knows and agrees that "Zabayen" platform doesn't bear any legal liability in case the order is harmed, damaged or delayed in the delivery.
  4. The seller should provide the vehicle used in the delivery and he must acknowledge that it's used legally and in accordance with the applicable laws, and that all legal licenses have been issued to it and that its driver holds a valid driver's license.
  5. The seller knows and agrees that the platform doesn't bear any liability of any accidents, violations or damages that may happen to the vehicle or others during the delivery process.
  6. The seller knows and agrees that the platform doesn’t provide any kind of insurance for the vehicles that the seller used in delivery.
  7. The seller commits that any vehicle he uses in delivery doesn't belong to Zabayen platform, and that he's fully responsible for these vehicles.
  8. The seller is obligated to make deliveries within the legally authorized areas and undertakes to stay away from any restricted areas.
  9. The seller is responsible for "liability of the superiors on the actions done by their affiliates" in the event of the assistance of third parties in the delivery process.

Section 15: Release The Liability

  1. The applications are considered as an electronic platform through which the seller can display his products, and our role is limited to providing the platform technically, and the platform doesn't interfere in any way with the seller's content or with the sale of handicrafts and advertised homemade products.
  2. The seller releases "Zabayen" platform from any damages that occur to the buyer as a result of buying or using handicrafts or homemade products that the seller sells to the buyer through the platform.
  3. The buyer releases "Zabayen" platform from any damages that occur to the buyer as a result of buying or using handicrafts or homemade products that the buys from the sellers through the platform.
  4. The buyer and seller release "Zabayen" platform from any communication done between them whether through the platform or external communication, and the platform will not be responsible for any harm that happens to both parties.
  5. The buyer and seller release "Zabayen" platform from any payment made between them, and they acknowledge that any payment is made on their own liability.
  6. In all cases, the user knows and agrees that the "Zabayen" platform will not be responsible in any way for any direct or indirect damages that occur to the seller, buyer or any of the users of the platform.
  7. The release of the liability includes any material or emotional damages that happen to the users of the platform.
  8. In addition to the conditions for exemption from liability mentioned above, any conditions for exemption from liability or limitation thereof are stipulated in this agreement, as well as any conditions for exemption from or limitation of liability stipulated in any of the laws in force.

Section 16: Rating and review policy

Zabayen platform allows the buyers to rate and review the products they have received from sellers through the platform, and the following conditions must be met in these ratings and reviews:

  1. Ratings and reviews must express the service received by the buyer, and to be directly related to it, and not to rate or review any other things except the products and seller.
  2. Ratings and reviews must be sincere and honest so that the buyer does not cause of turning away the buyers from the seller, and the addition of any arbitrary or retaliatory rating or review is prohibited.
  3. Ratings and reviews must be honest, expressive and in appropriate words and do not include offensive language directed at us, the seller or the others, and the user is solely responsible for the replies' violation of the conditions of this agreement.
  4. It is prohibited to post any advertising or promotional content through using the review service available through the platform. Also it is prohibited to post any damaging links or software.
  5. If the ratings and reviews are an absolute right of the buyer, the platform reserves its legal right to review these ratings and reviews and delete any rating or review that conflicts with our terms and conditions.
  6. The Platform does not provide any guarantees about depending on the ratings and reviews by any buyer, user or visitor, and that these ratings and reviews express the opinion of its writer only, and do not constitute a guarantee or adoption from the platform for the seller or the products that he displays for sale through the platform.
  7. The platform reserves all its legal rights in case of illegal use of the rating and review service, and the others who have suffered damage resulting from these ratings or reviews are entitled to take all legal procedures against the one who made the dissenting rating or review.

Section 17: Copyrights

  1. The platform “Zabayen” and all its material and moral elements and all the contents included or available within the platform services such as (texts, logos, pictures, graphs, voice, recordings, icon buttons, digital contents, materials that are uploaded, software and collection of data) shall be the property of the platform and shall be protected by national laws and the international copyrights laws.
  2. The collection of all data inserted in the service of “Zabayen” or making it available by any of our services shall be exclusively and privately owned by “Zabayen” and protected under the national laws of copyrights and the international ones and also shall be protected under the international conventions in force such as Bern Convention and TRIPS Agreement.

Section 18: Trademarks

  1. “Zabayen” and logos connected with it shall be our trademarks and/or our services marks.
  2. Pictures, logos, headers of pages, icon buttons, texts and services names shall be trademarks and commercial designs of “Zabayen”.
  3. Reproduction of trademarks or commercial designs of “Zabayen” in any media or advertising means shall be prohibited without a written permission from us.

Section 19: Acceptable Use Policy (AUP)

  1. The services of the platform “Zabayen” are available in the State of Qatar and the platform seeks to expand its activity in the Arab Gulf states and you declare and agree that you are bound by all the terms and conditions provided for in this agreement regardless of the state to which you belong or through which you enter into the platform or on whose territory the services of the platform are received.
  2. The user must use or request the services of Zabayen platform legally through the platform, follow all the instructions available for use or request services, and in case you violate these instructions we may block your access to the platform.
  3. We make the platform available for personal use, and therefore the registration must be by the individuals only, the platform is not dedicated for companies, institutions and commercial entities, the service is provided through the platform by sellers from productive families that produce handicrafts or homemade products or persons who are professional in craft and art work. Also the purchase is ordered through the platform by the average consumer who wants to benefit from the services of the sellers personally or to his own followers.
  4. The user is obliged to maintain his account information and password on Zabayen platform, not to disclose it to the others, acknowledges his full liability for any activity carried out through his account on the platform. Also he is obliged not to authorize others to use the account.
  5. The user undertakes to provide the necessary information and documents required by Zabayen platform at any time, whether while subscribing with us and registering your account, or while providing services to you after registering your account.
  6. The user declares that under this agreement he will not rely on any promises, guarantees or emphasis by or on behalf of “Zabayen” except what is provided for in this agreement.
  7. Through the obligation of the platform “Zabayen” user by the conditions of use or any conditions of the service and through paying any applied fees, the platform grants you a limited and non-exclusive license that is non-assignable and may not be subleased to have access to the non-commercial use of the “Zabayen” services.
  8. The license granted by the platform “Zabayen” doesn’t involve the reselling or any commercial use of any of our services or their content. Also, it doesn’t involve any copy of the information available about the account in the favour of third parties or the use of means of getting data as well as any use of the tools of collecting and eliciting the similar data.
  9. It is prohibited for any of the users of the platform “Zabayen” or third parties to reproduce or make typical copy of this platform, copy, sell, resell any part of it or use it in a different way for purposes of commercial or non-commercial exploitation of it without having an express written consent by “Zabayen”.
  10. Any user of the platform “Zabayen” is prohibited from using meta tags or any other text which exploits the name “Zabayen” or its trademark without an express written consent by the platform.
  11. All the information you disclose to the platform “Zabayen” must be real, updated and correct and express yourself and match with what is required in the registration form we have.
  12. The user of the platform “Zabayen” undertakes to precisely enter the information required to be entered in the platform and the user shall be responsible for regularly reviewing this information for the purpose of correcting, modifying or renewing it as long as he have new information regarding this and you are required to keep all the data and documents proving that.
  13. In case you provide to the platform “Zabayen” incorrect, imprecise, non-synchronized, or incomplete information or in case we have reasonable reasons to suspect that this information is incorrect, imprecise, non-synchronized, in complete or inconsistent with this “Agreement” and without prejudice to any other rights under this agreement or the law, The platform “Zabayen” will suspend or cancel your membership.
  14. It is not authorized for any of Zabayen users in any way to post any links to suspicious sites or applications via the platform or through any feature available within the platform.
  15. You agree not to use Zabayen platform or any service provided through it illegally, fraudulently, in violation of public order, public morals or contrary to the prevailing custom as we value it.
  16. You are prohibited from using Zabayen platform or any content posted or available through it for purposes that conflict with our objectives or constitute a violation of the applicable laws, or violates the provisions of this agreement.
  17. The user must maintain the use of "Zabayen" platform with all seriousness and credibility, the user may use our services as permitted by law only, in accordance with the terms of this agreement, and you are prohibited from misusing our services in any way, and the user is obliged to notify us case he discovers any illegitimate use of the platform.
  18. You declare that you will notify platform “Zabayen” in case of the existence of any publications, materials or transactions that seem to violate the “Agreement”.
  19. The use of “Zabayen” might be coupled with making available services or content of other bodies that aren’t under our control. Consequently, you declare that other conditions, provisions and policies of privacy apply to your use of the services and content of the bodies not belonging to us.
  20. We shall be entitled at any time to put the name or the logo “Zabayen” on the content provided by you via the platform.
  21. All rights not expressly granted to you in these conditions of or any conditions of another service shall be reserved by “Zabayen”.
  22. The licenses granted by us shall terminate in case you don’t comply with these conditions of use or any conditions of another service.

Section 20: Telecommunications

  1. You agree on getting telecommunications from us and we will communicate with you via e-mail, mobile phone number, through social media platforms, by publishing notices through the platform or through the other services of “Zabayen”.
  2. You agree that all agreements, notices, disclosures and other telecommunications done by us online satisfy all the legal conditions as if they were written with all their legal effects.
  3. In case you decide at any time that you don’t want to receive promotion messages, you can deactivate the receiving of these messages through correspondence with us. But in this case we don’t ensure that you will enjoy our services fully.

Section 21: Notifications

  1. Any notifications you like to send to “Zabayen” must be sent through the features specified within the platform. Any notifications sent outside the platform or other than the available means of communications on the platform shall not be considered.
  2. Any notifications “Zabayen” likes to send to you shall be either by publicizing them via the platform or sending them to you via the mobile phone number or e-mail you provided us with during the registration process or through social media platforms. You are supposed to have known of the notifications as soon as the notifications are publicized via the platform or with the lapse of 24 hours from the time at which the message was sent to you.

Section 22: Legal Liability

  1. You shall be bound by all the laws and regulations in force within the state of Qatar in relation to your use of the platform and shall incur all the liability arising from your breach of the laws and regulations also you shall be bound by all the terms and conditions provided for in this agreement.
  2. In case of the breach by the user of any of the conditions or provisions of this agreement, “Zabayen” shall be entitled to take an administrative action within the platform. This action might be the suspension of membership for a time period or a permanent ban on the user in breach. He shall not be entitled in this case to register in the platform once more except with an express consent of “Zabayen”.
  3. The penalties imposed by “Zabayen” on the parties to this agreement shall not adversely affect the right of each party to take all the legal procedures he considers appropriate according to his discretion without having recourse against us and without the liability of the platform.
  4. In case you violated this agreement, “Zabayen” shall reserve its right to recover any amounts due to us from you as well as any losses or damages caused by you. And the platform shall be entitled to take the legal procedures or to resort to competent courts to file civil or criminal actions against you.
  5. “Zabayen” doesn’t ensure to take administrative or legal actions against all the violations of this agreement. Not taking legal procedures in relation to any of the cases of violation shall not mean a waiver of our right to take these procedures at any time we consider appropriate.
  6. The seller acknowledges his full liability for all his own persons that he utilizes to make handicrafts or homemade products or whom he utilizes for delivery, and that he is responsible for the mistakes of these persons "the leader liability of the works of his followers".
  7. In any case, every user of the platform knows and agrees that he or she uses the platform at his own liability and that the platform does not provide any kind of insurance or compensation and does not bear any kind of legal liability, whether it is civil, penal, original, subsidiary or joint liability.

Section 23: Provision of Services

  1. We provide our services “as they are available” without any promises or guarantees of any kind whether express or implied through the use of this platform, it’s content or services provided by it.
  2. The platform doesn’t warrant that technical defects will be repaired or that the platform or its servers are free from viruses or anything else that is harmful or destructive and you know that the platforms on the internet might be exposed to corrupt data or its unavailability or the delay of its appearance and you accept that.
  3. The platform might be unavailable from time to time due to the acts of repair, maintenance or development and you agree that the platform shall not be bound to provide the technical support at any time.
  4. You declare that “Zabayen” is an internet – based service and in spite of exerting our best to keep information safe, we can’t guarantee that information received or transmitted by the user while using the platform is safe at all times.

Section 24: Limits of Our Liability

  1. “Zabayen” doesn’t provide any guarantee and shall not incur any liability in relation to the modernity, commonness, precision and quality of information received by the user via the platform.
  2. The liability of using or depending on the information that is received or reached by the user through the “Zabayen” services shall completely lie on this user.
  3. “Zabayen” doesn’t provide any guarantees that this platform, its servers or the messages are free from viruses or other harmful components.
  4. Zabayen platform can't confirm that every user of the platform is actually the person who claims to be him, so the users must verify the identity of each other before concluding any dealings through the platform.
  5. The platform shall not be liable in all cases for any direct, indirect or dependent losses, loss of profits or damage to the fame whatsoever as a result of disclosing your user name and/or password.
  6. “Zabayen” shall not be legally liable for losses or damages whatsoever that might arise from using this platform including but limited to the direct and indirect damages.
  7. Zabayen platform releases its legal liability for all fraud or scam that falls on the buyer, and the platform will not be responsible in any way, whether original, subsidiary or joint liability.
  8. The platform releases its legal liability for any financial transactions carried out between the parties , whether they are sellers, buyers or drivers, and any financial transactions that take place outside the platform or agreed upon inside the platform are beyond our control and must be adequately secured by the parties.

Section 25: Compensations

  1. You agree to compensate “Zabayen” and to acquit its liability as well as defending it against all the actions and claims brought or claimed by third parties as a result of your use of the platform or due to the violation of these conditions and terms or the breach of the rights of the other users.
  2. The platform excludes from its warranties, clauses and conditions any financial losses that might be connected with the buyer or the distorted reputation or any damages arising from your misuse of products or the platform and the platform shall not incur any liability or claims in such cases.
  3. You shall be bound to compensate for any losses or damages caused to the platform as a result of any illegal use or use not permitted by us.

Section 26: Amendments

  1. We may amend or update these terms and conditions of the "agreement" about using the platform without sending a notification to you, so you must review this agreement periodically every time you visit the platform.
  2. You agree to be bound by all the additional conditions and terms that will be made available to you in connection with the use of any of the services available via the platform. These additional conditions and terms are attached to this agreement.
  3. Your continued use of the platform after the amendments or additions we make to the policies is considered as your express consent to these amendments and additions, and it is valid in facing you.

Section 27: Cancellation

  1. The platform has the right to cancel any of the conditions and policies that were approved by us, without the consent of the user.
  2. The platform has the right to cancel this agreement at any time or replace it with another agreement, and the version available through the platform at all times will be approved and applicable to all users.
  3. The platform has the right to cancel any of the services it provides or change the activity of the platform entirely or partially without the consent of the user.

Section 28: Annulment of The Agreement

  1. We have the right to annul this agreement by our unilateral will at any time in case that you breach any of the terms or conditions stipulated in this agreement, or cause us or others any legal problem or offending the platform in any way or for any other reasons at our discretion.
  2. In case that the agreement is annulled for the user, this is without prejudice to the realization of all the legal implications thathad resulted during the period in which the agreement is effective.
  3. In case that the agreement with the user is annulled, he is prohibited to use the platform, register in it, provide services through it or benefit from it in any way without obtaining our consent.

Section 29: Applicable Law and Competent Courts

  1. Qatari laws shall govern the interpretation and performance of any condition or term of this agreement.
  2. Qatari judiciary shall have jurisdiction to decide any dispute arising from the terms of this agreement.
  3. In case any of the provisions of this agreement becomes illegal or unenforceable, the legality and enforceability of the other provisions will not be affected.

Section 30: Language

  1. Arabic text of this agreement shall be the certified text in relation to interpretation and application of its terms and conditions.
  2. In case of conflict between the Arabic text and the translated text of this agreement, the Arabic text shall prevail.

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