Opensooq Saudi Arabia | Term of use
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Term Of Use

WELCOME TO OPENSOOQ! 
 
 
INTRODUCTION
 
OpenSooq.com Limited (“OpenSooq”) is a leading classifieds platform that offers sellers the opportunity to list products and services under a number of categories, and the opportunity for buyers to browse, search for, and contact sellers to buy the listed products or services. 
 
In this Terms of Use the following words and expressions shall have the meanings hereby assigned to them:
 
Service(s) means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by us.
 
Platform(s) means the websites, mobile apps, mobile sites or other online properties through which we offer our Services.
 
The Terms of Use sets forth the agreement between you and OpenSooq. It governs the use of the Services and Platforms we offer.
 
These Terms of Use provide you with information about the terms upon which we agree to provide, permit and allow you to access and use the Platforms. Please print a copy of these Terms of Use and refer to it as you use our Platforms and Services. You agree to be bound by these Terms of Use if you continue using the Platforms. If you do not agree to these Terms of Use, you must immediately refrain from using the Platforms and the Services.
 
We may make changes and/or updates and/or modifications partially and/or fully to the Terms of Use anytime.  IF ANY FUTURE CHANGES AND/OR UPDATES AND/OR MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE PLATFORMS AND SERVICES. YOUR CONTINUED USE OF THE PLATFORMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES AND/OR UPDATES AND/OR MODIFICATIONS WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND ANY CHANGES AND/OR UPDATES AND/OR MODIFICATIONS MADE THERETO.
 
1. ACCEPTANCE OF THESE TERMS OF USE
 
1.1  The Platform and the Service are provided to you subject to these Terms of Use (referred to herein as the "Terms"). By accessing the Platform or using the Service, you agree that you have read, understood and agree to be bound by these Terms and the Privacy Policy. For the purpose of the Terms and wherever the context so requires, the terms “you” and “your” shall mean any person who uses the Platform or the Service in any manner whatsoever including without limitation to persons browsing or/and searching the Platform and its content, posting comments, chatting or any content or responding to any listing or content on the Platform.
 
1.2  By accessing and/or using the Platform and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change and/or be updated from time to time at OpenSooq’s sole discretion.  Such changes are effective on the date that they have been posted on the website.
 
1.3  You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with OpenSooq or the Service in any way, you must immediately discontinue use of the Platform and the Service, otherwise, such continued use shall be deemed to be an explicit consent of these Terms.
 
1.4  These Terms may be updated by OpenSooq at any time at its sole discretion. It is your responsibility to check the latest Terms and keep a copy of these Terms.
 
1.5  OpenSooq may provide a translation of the English version of the Terms into other languages. Any translation of the Terms into other languages is for your convenience only and the English version shall supersede and govern the terms of your relationship with OpenSooq regardless of any other translation that may be provided thereto. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.

2. DESCRIPTION OF SERVICE AND CONTENT POLICY
 
2.1  The legal responsibilities and liabilities of OpenSooq are excluded or limited; - you take on risk, responsibilities and liability; and - any rights you have against OpenSooq are limited or excluded. The statements made in this Section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. OpenSooq and/or other persons may have claims and other rights against you as a result of these statements.
 
2.2.  OpenSooq is a platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform.  Although you may be able to conduct payment and other transactions through the Platform, using third-party vendors, OpenSooq is not in any way involved in such transactions, including but not limited to payment of any sales or applicable taxes. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that OpenSooq is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. OpenSooq does not provide any warranty or guarantee and assumes no liability for any products or services listed, sold or purchased and is not responsible for any returns, refunds, or disputes between users of the Platform.  As far as the law allows, you use the Service and the Platform at your sole risk and responsibility.  
 
2.3  You understand that OpenSooq is not responsible for listings, ads, user generated content, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Platform or another Third Party Platform (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service (hereinafter referred to as the"Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will OpenSooq be liable in any way for the Content or for any loss and/or damage of any kind incurred as a result of the browsing, searching, using or reading any Content listed, e-mailed or otherwise made available via the Service. OpenSooq is not obliged to pre-screen or approve any Content, but OpenSooq has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to OpenSooq’s knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third party websites (hereinafter referred to as "Third Party Platforms") which are completely unrelated to OpenSooq. If you link to Third Party Platforms, you may be subject to those Third Party Platforms’ terms and conditions and other policies. As far as the law allows, OpenSooq makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Platforms, and your linking to any other websites is, as far as the law allows, completely at your own risk and OpenSooq disclaims all liability thereto.
 
2.4  You are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
 
2.4.1.  you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize OpenSooq to use such Content in any way but not limited to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and
 
2.4.2. you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual
person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to OpenSooq an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and OpenSooq's (and its successors' and/or subsidiaries and/or affiliates) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by OpenSooq in order to host and display your Content. Furthermore, by you posting Content to any area of the Service, you agree to and do hereby grant to OpenSooq all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Platform a non-exclusive license to access your Content through the Platform (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes). 
 
2.4.3.  OpenSooq does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, OpenSooq expressly disclaims any and all liability in connection with user Content. OpenSooq does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and OpenSooq may, at its sole discretion, remove any infringing Content. OpenSooq reserves the right to remove any Content without prior notice. OpenSooq may also terminate a user's access to the Platform. Further, at its sole discretion, OpenSooq reserves the right to decide whether any Content is appropriate and complies with these Terms.
 
2.5   The below practices are considered prohibited on OpenSooq:
  1. Creating multiple accounts
  2. Selling any accounts
  3. Creating any account with false or misleading information
  4. Posting duplicate content
  5. Deleting and reposting the same listing
  6. Posting content with misleading titles, content, or images
  7. Posting content with inappropriate images
  8. Posting content under wrong categories
  9. Posting content with unrealistic prices
  10. Posting content with links redirecting to other websites
  11. Uploading images that contain names, phone numbers or any other words
  12. Posting phone numbers in titles of listings
  13. Posting content with prepayment or bank transfer options
  14. Posting generic content
  15. Posting multiple items in one post
 
2.6   Any listing / post or message or comment be it public or private that contains one or more of the below prohibited content will be deleted, once OpenSooq identifies it and/or are notified in writing about it and OpenSooq reserves the right to permanently delete the user account, blacklisting the account, and/or reporting the content and the user information to Law Enforcement or the appropriate Authority:
 
  1. Alcoholic Beverages, Liquor, non legal tobacco products, drugs, non legal psychotropic substances, narcotics, intoxicants of any description, non legal medicines, palliative/curative substances nor shall you provide link directly or indirectly to or include descriptions of items, goods or  services that are prohibited under any applicable law (For dietary supplements, slimming products and cosmetic creams, local approval and business licenses must be provided first).  
  2. Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts.  
  3. Prostitution or any other service in the nature thereof that purports to violate any act, law or regulation regarding the representation of women or children and the contemporary standards of morality and decency in the Arab society.  
  4. Offensive material intended for use in a sexual setting (including "bondage" and "fetish" items,) displaying sexual activity or portraying human genitalia in a "life-like" or realistic fashion.  
  5. "Antiquities" and "Art Treasures" not authorized for sale or trading under any applicable law. 
  6. Information or items that are defamatory, libelous, threatening or abusive in nature.  
  7. Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.  
  8. Counterfeit, pirated, illegal and/or stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake).  
  9. Items, goods and services that infringe or attempt to pass off any third parties’ intellectual property or rights of publicity or moral rights and or purports to breach any persons right to privacy.  
  10. Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system with the intent to damage a computer or computer network or intercept any personal data.  
  11. Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users’ individuals and or animals.  
  12.  Hazardous chemicals and pesticides.  
  13. Fireworks, destructive devices and explosives including any material that enables the making of fireworks, explosive triggers and explosive devices.  
  14. Identity documents, personal financial records & personal information (in any form, including mailing lists).  
  15. Lottery tickets, sweepstakes entries and slot machines.  
  16. Military or police badges, uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items related to military or police that are not authorized for sale or trading under any applicable law.
     
  17. Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns or switchblade knives).  
  18. "Pyramid schemes" and "multilevel marketing" and/ or similar scams which are solely listed for the purpose of defrauding users.  
  19. Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users)
  20. Endangered animal species or animals advertised for fighting or offensive purposes.  
  21. Loans, funding services, & financing companies that are not licensed.  
  22. Listings for maid or maid’s waiver unless its locally licensed offices or Companies.  
  23. Listings or ads with "residence permit transfer”.  
  24. Drones & their accessories unless its legal in the country its listed by official authorities.

3. VALUE ADDED SERVICES (“VAS”) AND ONLINE PURCHASES (“OP”)
 
3.1  OpenSooq offers a variety of value added services where users may pay a non-refundable fee to have their listings’ posted in selected locations on the Platform, thus potentially increasing a listing’s visibility. In order to purchase a paid listing Service, you may be required to transmit certain information through a third party service provider, a Third Party Platform, that may be governed by its own terms of use and other policies. OpenSooq makes no representation or guarantee as to the safety or security of the information transmitted to any Third Party Platform, and your linking to any Third Party Platform is completely at your own risk, and OpenSooq disclaims all liability related thereto.
 
3.2  OpenSooq offers a variety of other paid Services and products where users may pay a non-refundable fee to unlock the number of listings or to stop ads or any other type of Service as described upon purchasing on the Platform. In order to purchase any paid product or Service, you may be required to transmit certain information through a third party service provider, a Third Party Platform, that may be governed by its own terms of use and other policies. OpenSooq makes no representation or guarantee as to the safety or security of the information transmitted to any Third Party Platform, and your linking to any Third Party Platform is completely at your own risk, and OpenSooq disclaims all liability related thereto.

4. OPENSOOQ WALLET
 
OpenSooq Wallet is a prepaid system used on OpenSooq that allows the registered users to purchase credits or points which may be used to buy services or products offered by OpenSooq. Credit or points within OpenSooq Wallet cannot be exchanged for money and does not earn interest or dividends and cannot be refunded. The credit or points purchased will automatically expire after one year of the purchasing date if not used and you consent and agree to this and: 
 
  1. Only registered users are eligible to purchase credits and use the OpenSooq Wallet.  
  2. All OpenSooq Wallet credits purchases shall be final and irrevocable and non-refundable.  
  3. OpenSooq reserves the right to stop selling OpenSooq Wallet credits and/or change the cost, as well as the manner by which a registered user can purchase, store and/or use OpenSooq Wallet credits at its sole discretion.  
  4. A percentage of up to 6% conversion rate commission may be added to online payments and for local currency conversion from the US dollar base currency.  
  5. A registered user may use OpenSooq Wallet credits to buy any of the VAS products and services from OpenSooq or any other services that may be made available in the future.  
  6. Registered users may not use OpenSooq Wallet credits to buy products and services not being offered by OpenSooq or to purchase items or services posted by other users on OpenSooq.  
  7. A registered user may not transfer OpenSooq Wallet credits to another user on OpenSooq.  
  8. Each OpenSooq Wallet credit purchased by a registered user expires one year after its purchase. Once a user’s account becomes inactive, or is deactivated, or otherwise terminated, all OpenSooq Wallet credits, if any, shall automatically be forfeited. OpenSooq reserves the right to forfeit any OpenSooq Wallet credit which it believes to have been directly or indirectly purchased or acquired through fraudulent or unlawful means without need of notice and shall not be held liable in any way whatsoever.  
  9. If OpenSooq reasonably believes or has evidence that a user has violated any of these rules or other Terms of Use or Privacy Policy, OpenSooq may: (a) block the use of the user’s OpenSooq Wallet credits; and/or (b) delete and/or amend the listing, Paid Ads and/or posts without the need for any prior notice.  
  10. By using OpenSooqWallet, you agree that:
 
  • At any time and without prior notice, OpenSooq may update, change and/or terminate in whole or in part (i) any of its content or services, including OpenSooq Wallet; and (ii) these terms and conditions. Any update, change and/ or termination shall be effective immediately upon posting or implementation on any Platform or Service.  
  • OpenSooq reserves its absolute right to control, eliminate, manage, modify and/or regulate OpenSooq Wallet, its content, service, technology, platform and all related matters, as it sees fit in its sole discretion and OpenSooq shall have no liability whatsoever upon its exercise of such rights.  
  • OpenSooq may audit and inspect a user’s OpenSooq Wallet account in order to investigate system errors or to confirm any reported or potential violation of these terms and conditions or any of the policies, rules and regulations of OpenSooq.  
  • Any dispute regarding OpenSooq Wallet should be reported to OpenSooq within twenty-four (24) hours from the time the problem is discovered by the user.  
  • The user irrevocably and fully waives all claims against OpenSooq.

5. CONDUCT
 
You agree not to publicly or privately post, email, host, display, upload, modify, publish, transmit, update or share any information on the Platform, or otherwise make available Content:
 
  1. that violates any law or regulation;  
  2. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party other intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant OpenSooq all of the license rights granted herein;  
  3. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);  
  4. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;  
  5. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;  
  6. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;  
  7. that includes personal or identifying information about another person without that person's explicit consent;  
  8. that impersonates any person or entity, including, but not limited to, an OpenSooq employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;  
  9. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;  
  10. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;  
  11. that constitutes or contains "network marketing", "multi-level marketing", "Ponzi and pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;  
  12. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to OpenSooq users who have requested not to be contacted about other services, products or commercial interests;  
  13. that includes links to commercial services or Third-Party Platforms, except as specifically allowed by OpenSooq;  
  14. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law of local jurisdiction;  
  15. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;  
  16. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or  
  17. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.  

 

Additionally, you agree not to:  

 

  1. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third-party Platform or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;  
  2. make any libelous or defamatory comments or postings to or against anyone;  
  3. collect personal data about other users or entities for commercial or unlawful purposes;  
  4. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;  
  5. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;  
  6. post the same item or service in multiple classified categories or forums, or in multiple areas or/and cities; or/and neighborhoods;  
  7. attempt to gain unauthorized access to computer systems owned or controlled by OpenSooq or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform;  
  8. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of OpenSooq's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation;  
  9. use any automated device or software that enables the submission of automatic postings on OpenSooq without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or  
  10. any Content uploaded by you shall be subject to relevant laws and may be disabled or deleted, and/or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms, or the Privacy Policy of the Platform, OpenSooq may terminate your account/block your access to the Platforms or Services and OpenSooq reserves the right to remove any non-compliant Content uploaded by you without any prior notice, and shall not be held liable in any way whatsoever.

6. PAID POSTINGS
 
OpenSooq may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Platform. Each party posting Content to the Platform or/and Service is responsible for said Content and compliance with the Terms. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms. 

7. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
 
OpenSooq is not liable for any infringement of copyright and/or any other intellectual property rights, arising out of materials posted on or transmitted through the Platform, or items advertised on the Platform, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to OpenSooq together with a request to OpenSooq to delete the relevant Content in good faith. OpenSooq’s cooperation shall not be considered in any manner whatsoever an acknowledgment of its responsibility and/or liability in whole or in part for any such infringement The notification and the request must contain the following information:
  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;  
  2. identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;  
  3. identification of the Content (by means of data or communication link, Post ID, listing ID etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit OpenSooq to locate the material;  
  4. information reasonably sufficient to permit OpenSooq to contact you, such as an address, telephone number, and, if available, an electronic mail address;  
  5. a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;  
  6. a signed statement that the intellectual property-owner holds OpenSooqharmless from any claim of any third party in connection with the removing by OpenSooqof the relevant content; and  
  7. signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
     

Notifications must be sent to OpenSooq via the Help Center or the Contact Us section.


8. NO SPAM POLICY
 
This Section has important legal consequences for you. In this section you take on risk, responsibilities and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to OpenSooq and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to OpenSooq users or email addresses or through OpenSooq computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time OpenSooq may monitor usage using human monitors or automated software to flag certain words associated with spam or scams in that are sent between one user to another in the OpenSooq’s systems, Services and Platforms be it public or private. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of OpenSooq computer systems is a violation of these Terms and certain applicable laws, in particular and without limitation to the cybercrimes legislation of any applicable law. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our users by obtaining any of their information, email or phone numbers from our Platform, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant country’s laws.  

9. LIMITATION AND TERMINATION OF SERVICE
 
This Section has important legal consequences for you. In this Section: - the legal responsibilities and liability of OpenSooq are limited or excluded; - the rights or remedies you may have against OpenSooq are limited or excluded; and - you take on risk, responsibilities and liability. OpenSooq may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, chat messages, or other Content that may be transmitted or stored by the Service publicly or privately, and the frequency with which you may access the Service or the Platform. As far as the law allows, OpenSooq has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. OpenSooq reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that OpenSooq shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that OpenSooq, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, disable or stop any VAS or OP, and remove and discard any Content within the Service, for any reason or no reason at all. Further, as far as the law allows, you agree that OpenSooq shall not be liable to you or any third-party for any termination of your access to the Platform or the Services.

10. ABILITY TO ACCEPT TERMS OF SERVICE
 
This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 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, agreements, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are a minor and want to contact us, you may only do so through your parent or legal guardian.

11. ASSIGNMENT
 
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OpenSooq without restriction. Any assignment or transfer by you shall be null and void.

12. DISCLAIMER OF WARRANTIES
 
In this Section: - the legal responsibilities and liability of OpenSooq are limited or excluded; - the rights or remedies you may have against OpenSooq are limited or excluded; and - you take on risk, responsibilities and liability. There are things that may go wrong when using the Platform and/or the Service, including what is listed in this Section. OpenSooq is not responsible or liable for anything that goes wrong, including without limitation to what is listed in this Section. You use the Platform and the Service knowing and accepting that these things can go wrong and that there are risks. AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENSOOQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. OPENSOOQ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY PLATFORMS LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) 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, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. OPENSOOQ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OPENSOOQ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS FAR AS THE LAW ALLOWS, IN NO EVENT SHALL OPENSOOQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OPENSOOQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE OPENSOOQ SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OPENSOOQ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. OPENSOOQ MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAW.

13. LIMITATIONS OF LIABILITY
 
IN NO EVENT SHALL OPENSOOQ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF OPENSOOQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE OPENSOOQ SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OPENSOOQ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIM OR DEMAND, REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS TERMS OF USE INCLUDING ANY CLAIM AGAINST US FOR INTELLECTUAL PROPERTY INF, YOUR IMPROPER USE OF OUR PLATFORM OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

14. ACCEPTANCE OF THIS TERMS OF USE
 
You acknowledge you have read the Terms of Use and agree to all its terms and conditions. By accessing and using the Platforms and Services you agree to be bound by Privacy Policy and the Terms of Use. If you do not agree to abide by the terms of these terms, Terms of Use, Privacy Policy and our other Policies, you are not authorized to access or use the Platforms and Services.

15. MISCELLANEOUS
 
15.1   You agree that with respect to any claim or dispute at law or equity that has arisen, or may arise, between you and OpenSooq (or any related third parties) that relates in any way to the Terms, your use of or access of the Platform and the Services will be resolved pursuant to the laws of England and Wales without regard to principles of conflict of laws.
 
15.2   You agree that any and all disputes or claims that have arisen, or may arise, between you and OpenSooq (or any related third parties) that relate in any way to or arise out of the Terms, your use of or access to our Platforms or Services, the actions of OpenSooq or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.  The arbitration will be conducted under the DIFC-LCIA Arbitration Rules as amended from time to time after notice has been provided to the other party.  The number of arbitrators shall be one, chosen and appointed in accordance with the DIFC-LCIA Arbitration Rules. The seat of arbitration shall be in the Dubai International Finance Centre. The language used in the arbitral proceedings shall be English.
 
15.3 If any provision of the Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. 
 
15.4  Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms.
 
15.5 The Terms and all terms and polices posted through our Services set forth the entire understanding       and agreement between you and OpenSooq, and supersede all prior understandings and agreements of the parties.
 
15.6   The following Sections survive any termination of the Terms: Conduct; Disclaimer of Warranties;
Limitations of Liability and Miscellaneous.

 

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