1.1. In these Terms and Conditions (hereinafter “Terms”) “we”, “us” and “our” refers to Baaqah Commercial Brokers, a sole establishment company which conducts business on an online platform (hereinafter the “Company”).
1.2. The Company is an ecommerce business that provides an online service to order items from shops including but not limited to floral, bakery, chocolate, and gift shops in the United Arab Emirates (hereinafter “Shop” or “Shops”).
1.3. “User” refers to any person using the Company website and the term “Users” refers to all of them collectively.
1.4. “Item” refers to any goods depicted on the website and the term “Items” refers to all of them collectively.
1.6. We reserve the right to amend these Terms at any time and the User’s continued use of the Website following the amendments will represent their agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms before using the Website.
2. COPYRIGHT AND INTELLECTUAL PROPERTY
2.1. Subject to the express provisions of these Terms:
(i) We own and control all the copyright and other intellectual property rights in the Website and the material used on the Website; and
(ii) All the copyright and other intellectual property rights in the Website and the material used on the Website are reserved by us.
2.2. All materials posted on this website (“Content”) are protected by the relevant copyright laws and in foreign countries. The Company authorizes Users to view or download a single copy of the material on the Website solely for their personal, non-commercial use if they include the copyright notice located at the end of the material, for example: “©2018, Baaqah Commercial Brokers. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website may be included and are incorporated into these Terms by reference.
2.3. Use of any materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features of the Website are subject to change or removal without notice in the editorial discretion of the Company. All rights not expressly granted herein are reserved to the Company and its licensors.
2.4. If Users violate any of these Terms, their permission to use the Content shall automatically terminate and they must immediately destroy any copies they have made of any portion of the materials.
2.5. The Company has several tools that allow Users to record and store information. Users are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their account passwords or accounts. Users grant the Company and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use Users’ information in connection with the operation of the Website. The Company cannot and does not assume any responsibility or liability for any information Users submit, or their or third parties’ use or misuse of information transmitted or received using the Company’s tools and services.
3.1. When Users visit the Website, we grant Users a limited license to access and use the information available on the Website for personal use only. The Website must not be used for any commercial purpose or any other purpose other than the intended use.
3.2. The license to access and use the information on the Website does not allow Users to illegally copy or change any copyright symbol, trademark or other proprietary notice. Users use of the content in any other way, shape or form infringes our intellectual property rights.
3.3. Users must not download, save, exploit, redistribute and/or republish any Content from the Website on to any computer, mobile, or any electronic device or otherwise without our express authorization.
3.4. We reserve the right to restrict access to areas of the Website in its entirety or otherwise, at any time at our sole discretion. Users agree not to, or attempt to, circumvent/bypass any access restriction measures implemented on the Website.
4. ACCEPTABLE USE
4.1. On this Website Users will be asked to create an account and will accordingly create a username, password and other such access information. We shall exercise standard confidentiality measures to secure such information, however, it is the responsibility of the User to keep this information safe and not disclose it to third parties on the Website or otherwise. We therefore do not accept responsibility and shall not be held liable for misuse of the User’s account in any manner due to their disclosure of their account details and access information to third parties.
4.2. In the event Users’ account access information has been lost, stolen or otherwise disclosed, the User should immediately change the username and password through the account settings feature password by following the instructions provided on the Website or immediately notify us.
4.3. Users acknowledge and accept that their account on the Website is non-transferable and may not be sub-licensed or used by any person other than the individual who created the account.
4.4. Users agree not to use the Website in any way or action that may:
(i) Cause damage to or impair the performance of, availability or accessibility of the Website;
(ii) Be illegal, fraudulent or harmful to any person or company in any direct or indirect manner and;
(iii) Use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.5. Users agree that they shall not engage in any of the following activities in connection with their use of the Website:
(i) Post information or material on the Website, inclusive of online communication portals, that are obscene, defamatory, threatening or malicious in nature or any material or information that is prohibited by law;
(ii) Not publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is invalid at the time of posting;
(iii) Infringe or use the Company brand, logos and/or trademarks in any business name, email, URL or other context unless expressly approved in writing by the Company as applicable;
(iv) Attempt to circumvent any protective technological measure associated with the Services;
(v) Attempt to access or search the Website or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers.
(vi) Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
(vii) Impersonate or misrepresent your affiliation with another person or entity;
(viii) Harvest or otherwise collect information about others, including email addresses;
(ix) Interfere with or disrupt any of the Services or the associated computer or technical delivery systems;
(x) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
(xi) Fail to respect another User’s privacy. This includes revealing another User’s password, phone number, address, instant messenger, I.D., address or any other personally identifiable information; or
(xii) Use the Website, Services, Content or any Company content in any manner not permitted by these Terms.
4.6. Users must ensure the accuracy of all the information they supply to us through the Website, or in relation to the Website.
4.7. We may (but are not obligated to) do any or all of the following without notice:
(i) Investigate the User’s use of the Services as we deem appropriate to ensure compliance with any applicable law, regulation, government request or legal process;
(ii) Remove any User content which we believe does not comply with these Terms;
(iii) Terminate the User’s access to the Website upon our determination that you have violated these Terms or any applicable law, regulation, government request or legal process; and
(iv) Edit the Website, Content and any Company content without notice.
5. AUTHORIZATION AND ACKNLOWEDGEMENT
5.1. When Users visit the Website or send us e-mails, they are communicating with us electronically, and thereby consent to receive communications from us electronically. We will communicate with Users by e-mail or by posting notices on the Website. Users agree that all agreements, notices, disclosures and other communications that we provide to themelectronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with, and maintain on their Website account profile, including Users’ current and active email address. If Users do not wish to receive certain communications from the Website, they have the ability to opt out by declining the service offered or by informing us that the Userno longer wishes to receive such communications. Further information on the opt-out feature and instructions for its use are available on the Website and/or may be provided upon request. We will comply with the User’s request to opt-out unless such communications are necessary for the administration and subsequent use of the User’s account, required by law, or necessary to protect our rights.
5.2. We may share Users’ personal information with the Company’s affiliates and partners and third parties licensed to access Users’ personal information. We sometimes provide aggregated usage or tracking information collected from this Website to third parties. We may also provide certain personal information to third parties which provide services to us in operating the Website or our business, such as account services, web hosting, software development and information processing.
5.3. Customers under the age of 18 shall not be registered as users of the website and shall not be allowed to make purchases from the website.
5.4. Users must be accountable for maintaining the confidentiality of their own accounts.
6. ITEM AVAILABILITY
6.1. All Items are subject to availability. In the event of any supply difficulties, or if the Items ordered by the User are no longer available, the Company will contact the User using the contact details provided at the time of placing the order and either:
(i) Offer the User an alternative Item of equivalent quality and price; or
(ii) Cancel the order and provide the User a full refund; or
(iii) Process any remaining Items on the User’s order and refund the User for the Items we are unable to supply.
7.1. Should Item Prices be subject to change during peak periods to accommodate with seasonal availability of some Items, the User shall be notified of such Price change.
7.2. Notwithstanding clause 7.1 above, we reserve the right to change the price and/ or prices of any and/or all Items listed on the Website without any prior notice.
8. ORDERS AND PAYMENT
8.1. During the order process, Users are required to provide us with their complete personal details, including the User’s address, payment details and all other details necessary of the intended recipient.
8.2. By clicking on the ‘submit order’ button at the end of the order process, Users hereby consent to be bound by these Terms.
8.3. We accept payment via Credit Card. Our prices are set in AED (Arab Emirate Dirham) and are inclusive of any applicable taxes as required by the laws of the UAE. The User’s card will be charged in AED, if the User’s card is in another currency the card issuer will convert the UAE amount into the User’s cards currency and may charge a fee. The exchange rate and any additional transaction charges are set entirely by the User’s card issuer and these amounts may be deducted accordingly.
8.4. Submitting the User’s order is subject to our acceptance of this offer. We will send an email confirmation of the User’s order details to inform them that we are processing their order via the email address provided by them.
8.5. In the event that the Shops are unable to supply all or part of the User’s order or the Itemand/or any substitute Item, the Shop shall notify the User as soon as possible and reimburse their payment in full, subject to agreement, no later than thirty (30) days after the intended delivery date.
8.6. Cardholders must retain a copy of transaction records and be aware of merchant policies and rules.
9.1. All Items depicted on the Website are available for local delivery only. Users may be charged an additional delivery fee depending on the Shop.
9.2. The Company shall be responsible for the delivery of any Items ordered through the Website.
9.3. Users’ intended delivery time and date will be confirmed to the User via e-mail. To avoid problems or delays with delivery, Users are required to provide all necessary information including their full and accurate address details, telephone number, and e-mail address and must ensure their availability for collection of the delivery. The Company shall not be held liable if Users provide the wrong address, have moved, or are unavailable during the time of delivery as per this clause.
9.4. Some Items on the Website are available for same day delivery.
9.5. The delivery charge may vary depending on the location of delivery, determined by the provided delivery address.
9.6. Selected Items may not be available for delivery to certain areas. Users will be informed of such restrictions prior to submitting their order.
9.7. Certain flower and plant Items may be delivered in bud to ensure longer life. The User shall be notified by e-mail.
9.8. The User shall be notified whether the flower and/or plant Product may differ in color than the image provided on the Website in the event of seasonal availability.
9.9. Change of delivery date for perishables must be received 24 hours in advance.
9.10. In the case of any difficulties in delivery of the Items, the delivery driver reserves the right to contact the User via the contact details provided by the User at the time of placing the order.
9.11. The Company’s delivery staff shall ensure that at least two attempts to reach the Customer is made during the delivery using the contact details provided at the time of order. If the delivery driver isn’t able to contact the User after the two attempts, the Customer shall be subject to an additional non-negotiable delivery fee of twenty (20) AED.
9.12. The Company shall not be held liable for the actions of the delivery drivers at any point during the delivery period for the handling of the purchased Items.
9.13. Notwithstanding clause 9.12 above, in the event that an Item has been reasonably proven to be damaged by the Company during delivery to the Customer, the Company shall provide as a voucher for an Item of an equivalent amount to the damaged Item.
10.1. Orders may be amended or cancelled up to three (3) working days before the intended delivery date. In no event will the Company accept a request to cancel a delivery on the intended delivery date.
10.2. To amend or cancel an order Users are able to contact the Company via telephone by calling the telephone number(s) appearing at the bottom of the User’s receipt.
10.3. Refunds will be made onto the original method of payment and will be processed within 10 to 45 days depending on the issuing bank of the credit card.
11.1. We do not warrant or represent:
(i) The completeness or accuracy of the information published on the Website;
(ii) That the material on the Website is up to date; or
(iii) That the Website, in whole or in part, will remain accessible and available for use.
11.2. We reserve the right to discontinue, alter, modify, change or otherwise, all or any part of the Website, and to stop publishing at any time, at our sole discretion, without any notice or explanation. As a result of any discontinuation, alteration, modification, change or otherwise, Users shall not be entitled to any form of compensation or other payment upon any such discontinuance or alteration of the Website.
11.3. We hereby exclude any and all representations and warranties relating to the subject matter of these Terms, the Website and the permitted use of the Website other than expressly stated herein.
12. LIMITATION OF LIABILITY
12.1. The Company shall under no circumstances be liable to Users, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profits, any direct or indirect consequential loss arising under or in connection with a failure by Users to comply with these Terms or our total liability to Users in respect of all other losses arising under or in connection with Users use of the Website.
12.2. We will not be liable to Users in respect of any losses:
(i) Arising out of any event(s) beyond our reasonable control.
(ii) (Without limitation) loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(iii) Of any data, database or software.
12.3. The images provided on the Website are as faithful and accurate as possible. The Companycannot ensure the exact similarity of the images and shall not be held liable against claims of misrepresentation.
12.4. The Company shall not be held liable in the event that Users purchase Items through the Website that they are allergic to, including but not limited to flowers and edible consumer products.
12.5. The Company shall not be held liable in the event that Users receive perished flowers.
12.6. Users accept that the Company has an interest in limiting the personal liability of our Partners, Officers, Employees and Representatives and, having regard to that interest, Usersagree that they will not bring any claim against our Partners, Officers, Employees and/or Representatives in respect of any losses Users suffer in connection with the Website or these Terms.
12.7. All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
13. RESTRICTION OF ACCESS
13.1. We reserve the right to ban, disqualify, or otherwise restrict Website access to any User who has been found to have violated the Terms herein, under the sole discretion of the Company, or who is otherwise found to have violated any laws or regulations of any relevant governing authority with regards to appropriate online conduct and behavior.
13.2. Should your account be banned, the period of your ban shall be determined at our sole discretion and shall depend on the seriousness of your violation or our Terms or of the relevant law. The period of your ban shall be communicated to your email address which was provided at the time of your registration.
13.3. If your account has been placed on a ban we expect you to oblige and act in good faith. You therefore must not create a new account under another username and email address on our Website or on any of our affiliate websites which have been modified to geographically suit Users.
Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the User’s access to or use of the Website in any form or the User’s violation of these Terms.
15. NOTICE AND TAKE DOWN PROCEDURES AND COPYRIGHT AGENT
15.1. If Users believe the Content posted on the Website infringes their copyright, Users may request removal of those materials (or access thereto) by contacting us and providing the following information:
a) Identification of the copyrighted work that Users believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b) Identification of the material that Users believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
c) The User’s name, address, telephone number and (if available) e-mail address.
d) A statement that the User has a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e) A statement that the information that the User has supplied is accurate, and indicating that“under penalty of perjury,” the User is the copyright owner or is authorized to act on the copyright owner’s behalf.
f) A signature or the electronic equivalent from the copyright holder or authorized representative.
15.2. We may terminate the account of any User who we determine is a repeat infringer.
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.
17.1. If the Company fails to insist upon strict performance of any of the User’s obligations under these Terms, or if the Company fails to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
17.2. Waiver by us of any default will not constitute a waiver of any subsequent default.
18. THIRD PARTY RIGHTS
This contract is between the User and us. No one other than a party shall have any right to enforce any of its Terms.
If Users wish to contact us in writing, or if any clause in these Terms requires Users to give us notice in writing, they can send us an e-mail at [email protected]. We will confirm receipt of this by contacting them in writing by e-mail.
20. FORCE MAJEURE
The Company will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving the Company’s employees), or acts of local or central government or other competent authorities.
21. GOVERNING LAW AND JURISDICTION
21.1. United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.
21.2. Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
21.3. These Terms shall be governed by the construed in accordance with the laws of the courts of Dubai International Financial Centre (DIFC).
21.4. The Parties irrevocably agree that the Courts of DIFC shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
21.5. Parties agree not to provide any services or products to OFAC and sanctioned countries.