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Souq Place FZE (“Souq Place”) is an online business duly formed and licensed by Ajman Freezone, the United Arab Emirates under the name Souq Place FZE, and operating online at www.souqplace.com (the “Website”). At all times, the relevant laws of the United Arab Emirates apply to these terms and conditions except when specifically stated otherwise.  If you use this website, your submission to these terms is deemed granted. If you do not agree to these terms, you are not permitted to use this website. These terms of service refer only to your use of the Website.  Separate conditions apply to refunds and listings which we may run from time to time.

1. Your Acceptance:

A. By using or visiting the Website or using any of Souq Place products, software, data feeds, and services provided to you on, from, or through the Website (collectively the "Service") you signify your agreement to:

  1. These terms and conditions (the "Terms of Service"), 
  2. The Privacy Policy, found and incorporated herein by reference, and If you do not agree to any of these terms, the Privacy Policy, or the Community Guidelines, you are not permitted to use the Service.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Souq Place may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2.  User Accounts:

A. In order to access some features of the Service, you will have to create a User Account. Use of another person’s account is prohibited. You must provide complete and accurate information when creating your account. You are solely responsible for the activity that occurs on your account, and it is your responsibility to keep your account password secure. You must notify Souq Place immediately of any breach of security or unauthorized use of your account.

B. Souq Place is not liable for any losses or damages that occur from unauthorized use of your account, but in some circumstance, you may be liable for the losses of Souq Place others due to such unauthorized use.

3. General Use of the Service—Permissions and Restrictions:

Souq Place will grant permission to access and use the Service as set forth in these Terms of Service Agreement, provided that you adhere to the following requirements:

A. In your use of the Service, you will comply with all applicable laws relating to these Terms of Service, and agree to jurisdiction for the purposes of enforcement of this agreement in the UAE or the appropriately designated Arbitration Panel referenced in this agreement.

B. Any act or statement that is illegal under the laws of the United Arab Emirates is strictly prohibited. Souq Place reserves the right to discontinue any aspect of the Service at any time.

C. Please note that the United Arab Emirates specifically prohibits by law the following Content (as defined below) on websites and you agree not to engage , post or submit items in violation of these laws: 

  1. Content that contradicts with the ethics and morals of the UAE including nudity and dating.
  2. Content that contains material which expresses hate to religions
  3. Content that is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals.
  4. Content that is not in accord with UAE Laws.
  5. Content that allows or assists users to access Blocked Content.
  6. Content that directly or indirectly constitutes a risk on UAE internet users such as Phishing websites, Hacking tools & Spywares.
  7. Content that is relevant to gambling.
  8. Content that provides information on purchasing, manufacturing, promoting and using illegal drugs.
  9. Content that defames the reputation of others, or breaches other people’s privacy.
  10. Content that affects the security of the UAE or its political stability.“Content”: refers to any listing, forums, event listings, reviews, postings, messages, text, files, images, photos or any other material posted on the Website.
  11. You must not register under a pseudonym and / or impersonate the login credentials of any other vendor or buyer or password (s), as this fraudulent behavior results in violation of applicable federal, national, regional or international laws and regulations in the United Arab Emirates.
  12. You must not take advantage of sales, offers or shipping discounts to benefit personally or customers. Such as using Souqplace as a delivery service by opening a shop to order for yourself or on behalf of customers to take advantage of the delivery service, or you will be subjected to legal accountability.

4. Your Use of Content:

A. You agree that the Content on the Service, the trademarks, service marks and logos ("Marks") and written text on the Service are owned by or licensed to Souq Place and are subject to the full protection of copyright and other intellectual property rights under the national and international laws.

B. You agree not to copy, distribute, reproduce, sell, lease, assign or sub-license any aspect of the Website or any Content.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

D. By posting Content on the Website:

  1. You grant Souq Place the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute, perform, display, modify or create derivative works of the Content perpetually and for any lawful purpose Souq Place sees fit;
  2. You warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence;
  3. You permit any other user of the Website to access, display, view, store and reproduce such Content;
  4. You grant Souq Place the right to prohibit the subsequent access, storage and reproduction or use of the said Content by any party to any extent Souq Place sees fit;
  5. Souq Place is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to the Website; and
  6. Souq Place reserves the right to (a) refuse to share or display, (b) move, or (c) delete any Content posted on the Website.

5. Warranty Disclaimer:

You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, souq place and its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Souq place fze makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:

  1. errors, mistakes, or inaccuracies of content,
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
  3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  4. any interruption or cessation of transmission to or from our services,
  5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Souq place does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services. You should use your best judgment and exercise caution where appropriate.

6. Limitation of Liability:

  1. In no event shall souq place, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
  2. errors, mistakes, or inaccuracies of content,
  3. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
  4. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  5. any interruption or cessation of transmission to or from our services,
  6. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
  7. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages and/or damages or losses due to the use or inability to use the website and/or damages or losses resulting from services or goods aqcuired through the website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and offered by Souq Place from its facilities in the United Arab Emirates. Souq Place makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Data will be backed up by remote servers.

7. Indemnity:

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Souq Place  and its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. your use of and access to the Service;
  2. your violation of any term of these Terms of Service;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
  4. any disputes between you and one or more users connected to or arising from the Website in any way
  5. any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

8. Ability to Accept Terms of Service:

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. 

9. Assignment:

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Souq Place FZE without restriction.

10. Governing Law and Dispute Resolution:

These Terms of Service shall be governed by the internal substantive laws of the United Arab Emirates, as applied in Ajman Free Zone, without respect to its conflict of laws principles.  You agree that the Service shall be deemed

  1. solely based in the United Arab Emirates and
  2. a passive website that does not give rise to personal jurisdiction, whether specific or general, over Souq Place FZE in any jurisdiction other than the United Arab Emirates.  

By use of this website, you are agreeing that any dispute, claim, controversy or difference of any kind, including or a tortious, statutory or common law claim (“Dispute”) that arises out of or is in any way related  to these Terms of Service and their areas of concern without limitations; including questions on the formation, existence, scope, performance, interpretation, validity, termination or validity of these Terms of Service or this clause, or any question regarding the legal relationships established by these Terms of Service or the consequences of their nullity be resolved in the following manner: 

  1. All parties to a Dispute shall first attempt to resolve the Dispute by good faith negotiations between the Parties to reach an amiable and mutually agreeable settlement which shall be reduced to writing. The timeframe for the good-faith negotiations commence with the written notification of one side to the other of a dispute and shall run for a period of thirty (30) calendar days.  
  2. If good faith negotiations fail to resolve a Dispute within the thirty day timeframe, the Parties may, but are not required to, extend the timeframe for up to 5 additional days and such extension shall be by mutual agreement.
  3. At the expiration of the time set for direct good faith negotiations, the Parties agree that the Dispute shall be referred to binding arbitration for a final and binding resolution on terms set forth in this clause: the Rules of Arbitration shall be set by the Arbitration Rules (the "Rules") of the Dubai International Arbitration Centre (“DIAC”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by DIAC), the sole arbitrator shall be appointed by DIAC. The seat or legal place of the arbitration shall be in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. 
  4. The foregoing provisions of this clause are without prejudice to the right of Souq Place to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Souq Place shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.  This judgment shall be deemed final and binding unto the Parties, their heirs, agents and assignees. 

11. General:

These Terms of Service, together with the Privacy Notice (link here) and any other legal notices published by Souq Place on its website shall constitute the entire agreement between you and Souq Place concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Souq Place’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.  Souq Place reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of their revised terms.

YOU AND SOUQ PLACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN NINE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Buyer-Shop Owner Guarantee:

There will be some times that a buyer and a shop owner will not come to an agreement. As such, we have the souqplace.com Buyer-shop owner Guarantee as a go between. This will allow both parties to go through the process smoothly.Full refund, including any delivery cost that may have been incurred, will be provided if any or all of the following conditions below are met:You are sure to have submitted the Return Request through your souqplace.com Board and have waited for 24-48 working hours for a response from the shop owner before filing a claim with souqplace.com.The product is damaged straight out of the box, defective, misrepresented or not as described by the shop owner on the product page / storefront.The shop owner failed to deliver the item by within 3 days past the maximum estimated delivery date.The shop owner  has agreed to have the item collected within the specific time frame provided and have failed to do so or refused to proceed with the collection.
What is not covered by the Guarantee? You have not informed the shop owner of your intention to return the product before sending the parcel back or rejecting the delivery from the courier.You have not sent the Return Request from your souqplace.com Board. Credit card payments where the card issuer has already initiated a chargeback prior to the return or claim.

Listing & Conditions Guideline

Authenticity

We highly encourage each shop owner to ensure that product(s) being sold on the site is 100% genuine. While authentic items are preferable to be sold on souqplace.com, retail or wholesale of replica items should be clearly stated as such on the product page and description. This is regardless if the item is brand new, vintage, etc. If you are sure of the authenticity of the product you are selling, it is highly advisable for you to upload proofs of authenticity and genuineness such as certificates, tags, and labels, if available.

Product Title / Description

One of the most important factors with online selling is to have the correct and specific name, specification and description shown on the Product title. This is because potential customers cannot physically check an item before purchase.

Examples Below:

Instead of only stating Macbook Pro 13, you may list it as Apple MacBook Pro 13 inch, 500GB, 2.5GHz Dual Core i5.If an item has more than one option (e.g. Clothing) Please do not put V-neck Shirt Black Small (Available in other colors). Please make use of the option Variant if you have other specifications of the same product.Ensure that the description/specification matches the brand and model number of the product. Though minimal, a percentage of purchase returns account for wrong product information provided on the listing.This will allow customers to make good and well-informed choices. It will also increase your sales and decrease returns and / or replacements. Seriously, who wants to have after sales issues?

Categorization/Keywords

When listing, please ensure that the item is listed on the correct category. As an example, do not categorize a Bicycle under "Automotive"; Do not try to list a restricted product by hiding it under a different category. We will find out about it.We require that you only use keywords that are specific to the listing. If you are selling a couch, keywords such as furniture, best couch or comfortable couch; fits the product perfectly. No Keyword Stuffing (unrelated or inappropriate use of keywords on the title, description or anywhere on the Site to gain leads). Do not create a duplicate listing or multiple listings for a similar existing ad. This is applicable for all categories.The difference must be clearly mentioned in the title, product description, price, image and specification of a listing.If you would like to re-list your product, remove the existing listing and create a new one.

Image Policy

Just like Product Descriptions, images for listings is one other key factor that could could make or break your store’s success. Here are some points to consider:

  1. Only upload photos that are relevant to the listing or photo of the actual item. It is cruel when you expect a brand new Lexus but the actual car being sold is a run down version of the photo.
  2. Please ensure that all images are in vertical position when uploaded. Rotate the image before upload if you must!
  3. Products and details stand out better on a white background. Please refrain from using dark backdrops for your images.
  4. Please take care to ensure that product codes, serial numbers and / or IMEI numbers (for mobile phones) are not shown on the image. Having the brand name, model number and major specification is enough.


Stock Level and Availability

Stock level should be clearly stated on each product page, regardless if it is only 1 unit remaining or multiple units are still available.Ensure that the stock level is up to date and current.When an item or product gets sold out, the site will automatically hide the listing from viewers. This would only come up on the search results only if the stock quantity has been replenished. Do not misrepresent an item by showing the number of units available when it is actually out of stock.

Who can list on souqplace.com?

Individuals, small-medium enterprises and corporations may list their products and create a store on souqplace.com.

Listing Restrictions

Below is the list of prohibited products and services which should never be sold on souqplace.com. While it may seem self-explanatory, we still feel the need to list them down for reference. 

  1. Alcohol
  2. Illegal Drugs and paraphernalia
  3. Electronic equipment, specifically those that are not registered nor approved by the Telecommunications Regulatory Authority (TRA)
  4. Offensive Products / Online content which includes without limitation pornographic or sexual products whether in the the form of software, images and / or literature.
  5. Ads that are personal or erotic (e.g. Men seeking Women, etc)
  6. Any product, item or content that would suggest hate, contempt, anger, racism, discrimination, rage, etc.
  7. Goods that are considered embargo in the UAE
  8. Materials that may be toxic and hazardous including Blood, Bodily Fluids and Body Parts, Animal Carcasses or parts
  9. Flammables, Combustibles, Fireworks, Destructive Devices and Explosives
  10. Stocks and Other Securities
  11. Stolen Property
  12. Products and services that promote gambling
  13. Weapons and related items including but not limited to firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives
  14. Tobacco Products

Reporting

While we strive to monitor everything that goes up and around the site, we unfortunately will not be able to most of the time.If you see a listing that is inappropriate or you feel that it has violated the foregoing guidelines, give us a shout via Contact us and we will take a look at it right away.

Doing Payments on Souqplace.com:

  1. We accept payments online using Visa and MasterCard credit/debit card in AED . 
  2. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE. 
  3. United Arab of Emirates is our country of domicile. 
  4. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website. 
  5. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. 
  6. The cardholder must retain a copy of transaction records and Merchant policies and rules.

Delivery and Shipping Policy:

  • We use Aramex as our shipping partner for both Domestic and International deliveries.
  • Shipping charges are with respect to item weight and dimensions, and are very well mentioned while placing the order.
  • Shipping duration is also decided by the vendor based on their stock process, same is clearly mentioned in order placement process.
  • Shipping duration mentioned does not include the in between time taken to clear the customs requirements.
  • Souqplace.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
  • Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.





Dated October 10, 2017