a. MALLATS: A Platform of e-commerce ecosystem that enables users, through user’s accounts or as guests, to use the facilities and services it provides in order to enjoy online commerce. The facilities include but are not limited to listing of items or services, buying, selling, pricing and shipping governed by engaging contract of selling and buying between the seller and buyer directly.
b. User: Any type of person accessing the MALLATS service, be a seller, buyer, store admin, vendor, consumer or any interacting representing these users of the system's facilities. MALLATS’s Platform include any software, content, services, technology, data and other digital materials included in or made available through an application that the user can access or deploy via the Platform. This also includes any updates, upgrades and other changes thereto and versions thereof that you later can access or deploy via the Platform.
c. Applicable Laws: Refers to any laws, resolutions, regulations or courts’ principles in force in the Kingdom of Bahrain. The international law shall also be respected when deemed necessary.
d. Goods: Shall mean tangible products provided by the seller or intangible products, such as software, technology transfer, licenses, patents or other intellectual properties being offered for sale on MALLATS as per the definitions of the applied laws in the Kingdom of Bahrain. The term ‘Goods’ shall also include works and services, which are incidental or consequential to the supply of such goods, such as, transportation, insurance, installation, commissioning, training and guarantee/warrantee… etc.
e. Services: Shall mean the services offered or provided by the seller such as IT professional services, maintenance services, temporary manpower services, security services, transport services, etc. The term ‘Service’ shall also include supply of goods, which are incidental or consequential.
f. Service Level Agreement (SLA): Refers to the contractual commitment that prevails between the buyer and MALLATS with regards to the type of service to be provided, deliverables, desired performance level, reliability and responsiveness, monitoring process and service level reporting, response and issue resolution time-frame.
g. Buyer/Consumer/Customer: Any individual or corporate person who avails themselves from the services provided through their accounts in MALLATS’s Platform.
h. Seller/Vendor/Service Provider: Any legal entity, whether it be an individual establishment, companies, brokers, agents or any individual who has a legal right on the goods or services listed by him/her through MALLATS’s Platform. Separate Seller Agreement shall be signed by the seller.
I. User ID and Password: All users, including buyers and sellers, must create a User ID and Password on MALLATS during the registration process in order to create an account. It is the responsibility of the user to keep their User ID and Password secure and confidential. The individual user shall be solely and completely responsible for all transactions taking place on MALLATS’s portal using his/her account and MALLATS shall not be held responsible in any manner.
j. Order: Refers to the purchase order created/issued by the buyer on MALLATS for supply of goods / services in an electronic form.
2. TERMS & CONDITIONS
2.1. These Terms & Conditions will form an agreement when accepted by the User. Please read them carefully.
2.2. MALLATS offers a wide range of services and sometimes additional terms may apply. (“Additional Terms”).
3. MALLATS’s ROLE
3.1. MALLATS acts as a facilitator between sellers and buyers. MALLATS is not a party to any agreement the users have with each other and does not have control over their legal actions. Any agreement the users have with each other does not form a part of any agreement with MALLATS.
4. INTELLECTUAL PROPERTY, COPYRIGHT, TRADE MARK & SOFTWARE
4.1 All content included in or made available through any MALLATS service, such as text, graphics, logos, page headers, button icons, images, scripts, audio clips, digital downloads, and software are the intellectual property (IP) of MALLATS or its content suppliers and are protected by Bahrain and international copyright laws.
4.2 You may access, view, download and print the IP and all other materials displayed on the MALLATS sites for your personal, non-commercial use only provided however, that you:
(1) Retain all copyright, trademark or other proprietary designations contained on all IP;
(2) Do not modify or alter the IP in any way; and
(3) Do not provide or make the IP available to any third party in a commercial manner.
No license, right, title or interest in any materials or software is transferred to you as a result of your use of MALLATS sites or your accessing, viewing, downloading, or printing of the IP.
4.3 You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, MALLATS sites or any related software.
4.4 MALLATS’s IPs may not be used in connection with any product or service that is not MALLATS’s, in any manner that is likely to cause confusion among customers or disparages or discredits MALLATS. All other trademarks not owned by MALLATS that appear in any MALLATS service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MALLATS.
4.5 MALLATS is granted a royalty-free, non-exclusive, perpetual right to exercise all rights of publicity over any content submitted by the seller on MALLATS.com
4.6 MALLATS respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Support Services.
5. USING MALLATS;
MALLATS offers a secure and friendly platform for users.
5.1 YOUR ACCOUNT
5.1.1 You may need your own MALLATS account to use certain MALLATS services and you may be required to log into the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account.
5.1.2 While registering with MALLATS and before confirmation, the user will be responsible for reviewing the policies. By clicking continue, you are acknowledging that you read and agree to the Terms and Conditions.
5.1.3 After registration, users will receive an e-mail confirmation to verify the e-mail address associated with the account.
5.1.4 The user is responsible for updating their personal information on MALLATS when required.
5.1.5 You will immediately notify us of any unauthorized use of your account, username or password or any other breach of security; and you will not sell, transfer or assign your account or any account rights.
5.1.6 MALLATS reserves the right to refuse service, terminate accounts, terminate your rights to use MALLATS services, remove or edit content or cancel orders in its sole discretion.
5.1.7 MALLATS sell products for children’s use however, these products are intended for selling to adults. If you are under the age of maturity in your jurisdiction, you may use the MALLATS sites only with parental or guardian supervision.
5.1.8 Individuals may use the MALLATS sites to create gift or wish lists for individuals, including children under the age of 18 by making product selections for the child; additional personally identifiable information about the child should not be provided.
5.2 ACCEPTANCE OF ELECTRONIC TRANSACTIONS & COMMUNICATIONS
5.2.1 By using or accessing MALLATS websites or applications, you abide by the in-force E-transactions Laws of Bahrain and all its associated resolutions and amendments in all its areas.
5.2.2 When you use MALLATS services, send e-mails and text messages or utilize any other viable means of communications from your desktop or mobile device to us, you may be communicating with us electronically. Therefore, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices or notices and messages on this site or through the other MALLATS services, and you can retain copies of these communications for your own records. You agree that all agreements, notices, disclosures and other communications that MALLATS provide to you electronically satisfy any legal requirement that such communications be in writing.
5.4 AUTHORIZATION TO CONTACT YOU; RECORDING CALLS; ANALYSING MESSAGE CONTENT
5.4.1 MALLATS may contact you using autodialled or pre-recorded calls, e-mails and/or text messages, at any telephone number provided by you to:
• Notify you regarding your account;
• Troubleshoot problems with your account;
• Resolve a dispute;
• Collect a debt;
• Poll your opinions through surveys or questionnaires; or
• As otherwise necessary to service your account or enforce these terms & conditions, MALLATS policies, applicable law or any other agreement MALLATS may have with you.
Please note that MALLATS reserves the right to send you certain communications relating to your account or use of MALLATS’s services and any amendments or modifications to MALLATS’s Terms and Conditions or any related policies or new provisions, this may also include administrative and service announcements. These transactional account messages may be unaffected if you choose to opt-out from receiving MALLATS’s marketing communications
5.4.3 MALLATS may share your communications data with its authorized sellers or related service providers. They may contact you using autodialled or pre-recorded calls, e-mails, and/or text messages, only as authorized by MALLATS to carry out the purposes MALLATS has identified.
5.4.4 MALLATS may monitor and/or record telephone conversations you or anyone acting on your behalf has with MALLATS or its agents for the purpose of protecting the interests of both parties. MALLATS will notify the caller if such actions are to be taken.
5.4.5 Users’ information provided on MALLATS shall only be used for the purposes agreed upon. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
5.5 WIRELESS, MESSAGING AND LOCATION-BASED FEATURES
5.6 UNLAWFUL OR PROHIBITED USES
5.6.1 In addition to the above and below provisions and restrictions, the service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions or the applied laws and regulations in the Kingdom of Bahrain. As a condition of your use of this service, you warrant to MALLATS that you will not use the service for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of MALLATS, YOU MAY NOT:
18.104.22.168 Make any commercial use of the service or its content, including making any collection or use of any product listings, descriptions, prices, or images; download, copy or transmit any content for the benefit of any other merchant;
22.214.171.124 Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the service or express or imply that MALLATS endorse any statement you make;
126.96.36.199 Conduct fraudulent activities on the service; breach or circumvent any laws, third-party rights or MALLATS systems, policies, or determinations of your account status;
188.8.131.52 Violate or attempt to violate the security of the service, including, without limitation,: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the service; (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the service, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the service (impersonating the service) or to the service (impersonating another user);
184.108.40.206 Send unsolicited or unauthorized email on behalf of MALLATS, including promotions and/or advertising of products or services;
220.127.116.11 Use the service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
18.104.22.168 Harvest or collect personally identifiable information about other users of the service;
22.214.171.124 Restrict or inhibit any other person from using the service (including, without limitation, by hacking or defacing any portion of the service);
126.96.36.199 Post, list or upload content or items in inappropriate categories or areas on MALLATS sites or/ and app;
188.8.131.52 Use MALLATS services if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using MALLATS sites, services, applications or tools;
184.108.40.206 Fail to pay for items purchased by you, unless you have a valid reason as set out in MALLATS’s policy, for example, the seller has materially changed the item's description after the order has been placed, a clear typographical error is made or you cannot contact the seller;
220.127.116.11 Fail to deliver items sold by you, unless you have a valid reason as set out in MALLATS’s policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
18.104.22.168 Manipulate the price of any item or interfere with any other user's listings;
22.214.171.124 Take any action that may undermine the feedback or ratings systems;
126.96.36.199 Transfer your MALLATS account (including feedback) and user ID to another party without MALLATS’s consent;
188.8.131.52 Interfere with the working of MALLATS’s services or impose an unreasonable or disproportionately large load on MALLATS’s infrastructure;
184.108.40.206 Infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to MALLATS. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling or preparing derivative works from content that belongs to MALLATS or someone else;
220.127.116.11 Infringe any Intellectual Property Rights that belong to third parties affected by your use of the services or post content that does not belongs to you;
18.104.22.168 Circumvent any technical measures MALLATS use to provide the services.
5.6.2 Sellers must meet MALLATS’s standards. Failure to meet these standards may result in MALLATS limiting, restricting, suspending or downgrading your seller account.
5.6.3 If MALLATS believe you are abusing MALLATS in any way, MALLATS may, in its sole discretion and without limiting other remedies, limit, suspend or terminate your user account(s) and access to MALLATS’s services.
5.6.4 If MALLATS believes your buying or selling conduct jeopardizes it’s interests, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees and recovery of expenses. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all MALLATS’s services, even if sale terms are finalized or payment is made outside of MALLATS.
5.6.5 MALLATS may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue MALLATS’s services. Additionally, MALLATS reserves the right to refuse or terminate all or part of MALLATS’s services to anyone for any reason at MALLATS’s discretion.
6. SELLING AND PURCHASING CONDITIONS
6.1 CONDITIONS FOR LISTING OF ITEMS AND SERVICIES
6.1.1 Listing, selling or using unlicensed, counterfeit, trademarked or copyrighted materials without the consent of the original owner of these rights is prohibited by MALLATS and such claims will be taken seriously and in accordance with Bahrain’s law concerning intellectual property.
6.1.2 Any infringement will result in the suspension of the seller’s account followed by an investigation, which might result in termination.
6.1.3 When listing an item or service, sellers agree to comply with the following provisions:
22.214.171.124 Listing must be a legal item or service owned or provided by the seller or the seller has the legal cause to sell the listed items or services
126.96.36.199 Selling of an item or service must not violate any local laws or regulations
188.8.131.52 The item must not be on MALLATS’s Prohibited Items and Service List
184.108.40.206 The seller must disclose any rights or obligations on the listed items or service at time of purchase.
220.127.116.11 The seller shall also clarify any information, clarification, cautions or any other conditions stipulated by the law of Consumer Protection or any laws in Bahrain.
18.104.22.168 Old or refurbished items are accepted provided that the seller indicates so clearly in the description of the goods and guarantees its good condition and discounted price.
22.214.171.124 For optimal sales, provide a detailed item description including:
• For food or groceries: flavor, type, quantity, weight, ingredients, nutrition details, dietary concern and allergy...etc.
• Proof of authenticity
• Provide clear photos taken by the seller - must be actual, not stock, photos of the item.
126.96.36.199 In relation to services, any required authenticity, certificates, availability and any other required conditions shall be provided by the seller
6.1.4 Sellers are responsible for the accuracy and content of the listing, item/service offered and the minimum amount to be paid or minimum quantity to be purchased.
6.1.5 Sellers are free to put their own terms and conditions relevant to the return, cancellation, exchange and refund policy and any pricing, promotions’ terms and conditions specific to the items, products or services provided via MALLATS, ensuring that this freedom shall not conflict with the Terms and Conditions and the agreement between the sellers and MALLATS in addition to the laws in force in the Kingdom of Bahrain and particularly the Customer Protection Law.
6.1.6 MALLATS can't guarantee exact listing durations.
6.1.7 The seller is responsible for updating the availability (the stock) of the products or services and MALLATS cannot assure such availability to the buyer.
6.1.8 MALLATS strives to create a Platform where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
188.8.131.52 Buyer's location, search query, browsing site and history;
184.108.40.206 Item's location, listing format, price, shipping cost, terms of service, end time, history and relevance to the user query;
220.127.116.11 Seller's history, including listing practices, detailed seller ratings, MALLATS’s policy compliance, feedback, and defect rate; and
18.104.22.168 Number of listings matching the buyer's query.
22.214.171.124 To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
126.96.36.199 MALLATS’s duplicate listing may also affect whether your listing appears in search results.
188.8.131.52 MALLATS may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that MALLATS may display the sales and performance history of your individual listings to other sellers.
6.2 THE PROHIBITED ITEMS AND/OR SERVICES
In order to keep MALLATS’s Platform safe for MALLATS users, MALLATS has prohibited the listing and sale of various items. The Prohibited Items/Services include but are not limited to:
6.2.1 Illegal items/services
6.2.2 Counterfeit items
6.2.3 Stolen goods
6.2.4 Explicit items
6.2.5 Weapons and explosives as organized by the Penal Code.
6.2.6 Sex toys and fetish items
6.2.7 Items that are a safety hazard
6.2.8 Products or services that require legal approval or licenses to be sold
6.2.10 Prescription or behind-the-counter medicines
6.2.11 Current banknotes
6.2.12 Human body parts, organs, cells, blood and similar objects
6.2.13 Drugs include:
a) Products, tools or services specifically offered or intended to be used to create drugs
b) Ingredients for growing drugs, example: seeds for cannabis plants
c) Prescription medicines, pharmaceuticals or behind the counter drugs
6.2.14 Ministry of Health and National Health Regulatory Authority (NHRA) restricted items, such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies, and homemade cosmetics. Any restricted item by the Ministry of Industry, Commerce and Tourism or any other related formal bodies are also considered.
6.2.15 Counterfeit goods or goods infringing on a third party's intellectual property rights such as:
a) Listings of non-brand, non-genuine, imitation, fake or replica
b) Items in violation of a copyright, including handmade or other items with copyrighted characters, brand logos, etc.
6.2.16 Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (Example: "mod chips" to break the encryption on game computers to allow the playing of unlicensed game copies)
6.2.17 Age restricted products
6.2.18 Gambling or sweepstakes, including using this service for raffles and mystery purchases
6.2.19 Items deemed unsuitable by MALLATS
6.2.20 Any item that the Shipping Agent restricts to ship (Refer to the shipping conditions of the courier)
6.3.1 All prices shall be in Bahraini Dinars and all other deductions if payment done using currencies will be as outlined by the payment agent based on the latter’s terms and conditions and the date of ratings.
6.3.2 The seller is responsible to put the prices based on his/her sole discretion. MALLATS does not intervene in the price of any item or service offered whether it be discount or promotion seasons or relating to subsidized items, provided that the seller shall be obliged to provide the same price in his/her store or in other sites as to the listing price in MALLATS. It will always be preferable to provide a lower price on MALLATS.
6.3.3 Any price comparison provided by MALLATS is based on the information available and may not be accurate due to missing information or data of the items, products or services.
6.3.4 The buyer will bear any additional charge relating to delivery.
6.3.5 The seller is responsible to add any taxes or fees applied on the item, product or service if the laws and regulations enforce such matter on the seller.
6.3.6 If any item or service is intended to be listed through auction or tender, then a reference shall be made to the special policy that governs such method of listing.
6.4 Value Added Tax (VAT)
6.4.1 The Value Added Tax Decree-Law No. (48) of 2018 promulgated the enactment of VAT in the Kingdom of Bahrain. In compliance with the VAT policies, certain products, services and charges may be subject to a standard rate of 5%.
6.4.2 Where applicable, MALLATS’s subscription fees/commission and any other additional service charges may be subject to VAT. The supply shall increase by a sum of equal to the VAT rate applicable, which is to be payable by the seller.
6.4.3 Any decrease in fee or service charges, MALLATS will recover/claim the difference from the seller.
6.4.4 Sellers are responsible for notifying MALLATS of their VAT registration and for the correct enforcement of tax on their prices.
6.4.5 The seller shall raise the valid tax invoice directly in the name of the customer and the invoice must abide by all requirements as prescribed in the VAT legislation.
6.4.6 VAT shall be governed by and construed in accordance with the VAT legislation of Kingdom of Bahrain.
6.5 PURCHASE CONDITIONS
6.5.1 When buying an item or service, you, as a buyer, agree to the following provisions:
• Do not buy prohibited items or services
• Gather information concerning the condition of the item or service prior to purchase
• Ask about defects such as rips, tears, dents, stains, odors or damages
• Inspect the item upon delivery.
• Once order is placed and confirmed usually through an email and/or text message or any other confirmation facilities used by MALLATS along with the invoice, you are considered as entering into a legally binding contract to purchase between you, the buyer, and the seller based on the conditions specified by him/her, unless the purchased item or service, in its nature or by the law, require further procedures, registrations, disclosures or any other formal or contractual procedures with the sellers or with formal bodies.
6.5.2 MALLATS does not transfer legal ownership of items from the seller to the buyer and MALLATS is not a party to any contractual relationship between the seller and the buyer and does not bear any further responsibility.
7. PAYMENT AND POST PAYMENT
7.1.1 The payment methods will be as follows:
i. Cash on Delivery: This is subject to the seller’s services’ terms and conditions. MALLATS, as a vendor, accepts Cash on Delivery and the total charge will be explicitly stated at the time of purchasing. The total value of cash on delivery accepted is at the discretion and risk of the vendor.
ii. Credit/Debit Card: Through a payment agent, whether online or upon delivery as per the seller in his/her services’ terms and conditions. The buyer shall ensure that he/she is the holder of the card or is authorized to use it. MALLATS, as a vendor, provides the option of paying by card online and upon delivery. No sufficient funds in the payment card will result in the transaction being denied.
iii. By any other payment methods provided by the MALLATS Platform and accepted by the vendor.
7.2.1 If the seller offered free delivery for the items/services or will add costs on the buyer for such delivery, the terms shall be clarified to the buyer at the time of the purchase. The seller’s terms of delivery will apply. The seller shall take all precautions and follow standard procedures for proper packaging and delivering of the item based on its nature. He/She is also liable for informing the driver of any special care/conditions required when delivering.
7.2.2 MALLATS offers consumers several options for delivery Accepted by the vendor. All such manners of delivery will be dealt directly with the seller
7.3 CANCELLATIONS, EXCHANGE, RETURNS & REFUNDS
184.108.40.206 Vendors selling on MALLATS have the right to impose their own policy concerning cancellation once work has commenced on the order or it has been shipped and/or delivered.
220.127.116.11 Sellers can request a cancellation for orders that cannot be fulfilled
18.104.22.168 Buyers can cancel their order and receive full refund while the seller bears the responsibility in the following cases:
i. Item/service isn’t delivered within the promised time-frame
ii. Prior to the processing and/or shipping of the order or within the time-frame specified in the invoice
iii. Seller has materially changed the item’s description after the order has been placed or if a clear typographical error has been made
22.214.171.124 The consumer must refer to the specific return conditions set up by the vendor for each item before purchase.
126.96.36.199 Wrong item/service delivered: Buyer must contact the vendor immediately upon the receipt of the item to request a return and redelivery or refund. The seller shall bear the costs of returning the wrong item/service and redelivering it.
188.8.131.52 Damaged/Defective/Counterfeit/ Discrepancy Item:
i. Defective items: The consumer shall notify the seller within 15 days from date of delivery unless the seller’s policy provides otherwise.
ii. Damaged/Counterfeit/Discrepancy items: The consumer shall notify the seller immediately upon delivery, unless the seller’s policy or terms of services provide otherwise.
iii. Once notified, the seller shall replace the product, repair the defect or return the item with a full refund to the consumer after the defect/damage has been inspected, unless the seller’s policy or terms of services provide otherwise.
184.108.40.206 Change of Mind/Dissatisfaction:
If you are not satisfied with your order for reasons different than the above, the seller’s terms of return will apply. Sellers can create rules for replacements, returns and refunds under certain circumstances or conditions.
220.127.116.11 MALLATS’s List of Non-Returnable Items:
MALLATS’s policy on the return of products/services is subject to its type and nature and therefore, the consumer must check the return conditions before purchase.
A general list of non-returnable items includes, but is not limited to:
• Clearance items marked as non-returnable
• Grocery products
• Flowers and plants
• Consumable items
• Health, personal and hygiene care items
• Some beauty products
• Some jewellery
• Products missing the serial number or UPC
• Products with their retail packaging, seals or boxes opened or missing any tags or labels
• Products not in the same condition as received, whether used or damaged
• Certain product types
• Services, goods and products that are created, designed or prepared specifically for the buyer at his/her request, as well as goods to which elements of preferences and wishes are added.
The consumer must refer to the Vendor refund policy.
The process of exchange is subject to the seller’s policy and to the nature of the product and thus, the customer should be aware of the exchange policy before purchase.
7.3.5. Service Dissatisfaction:
Consumer can file a complaint to the vendor first and if the issue is not resolved, the consumer can contact MALLATS who will investigate the situation and help reach a resolution and if such gesture fails, then the consumer has the right to refer to any concerned authority with the available legal tools. If the consumer is not satisfied with a service offered by MALLATS itself, he/she shall contact MALLATS’s Support Services.
7.4. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
7.4.1. You agree that any user content that you submit will be accurate, not false or misleading, you are solely responsible for the user content you submit and MALLATS assumes no liability for any user content submitted by you.
7.4.2. Although MALLATS cannot monitor all content, you understand that MALLATS shall have the right but not the obligation, to monitor the content on the MALLATS sites to determine compliance with these Terms and Conditions and any other operating rules that may be established by MALLATS from time to time.
7.4.3. MALLATS shall have the right, in its sole discretion, to edit, move, delete or refuse to post any content submitted to or posted on the MALLATS sites for any reason, including violation of these Terms and Conditions, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any content you submit and you agree to indemnify MALLATS and its affiliates for all claims resulting from any content you submit.
7.4.4. You may post reviews, comments, photos, videos and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, racist, disseminating or incitement of hatred, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, advertisement, chain letters, mass mailings or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a card or other content. MALLATS does not regularly review posted content but reserves the right (but not the obligation) to remove or edit such content.
7.4.5. If you do post content or submit material, MALLATS may use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content only to the extent permitted to achieve the purpose of the Agreement. You represent and warrant that you own or otherwise control all of the rights to the content that you post. You agree that your user content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned.
7.4.6. Each time you submit any user content, you represent and warrant that you are at least the age of eighteen (18) years old. Otherwise, you either represent and warrant that you are the parent/legal guardian of a minor, or are a minor that has all proper consent from the parent/ legal guardian when depicting in or contributing to any user content submitted.
7.4.7. Content is also provided by third party visitors to the service. Please note that visitors to the service may post content that is inaccurate, misleading or deceptive. MALLATS neither endorses nor is responsible for any opinion, advice, information, ratings or statements made by third parties. MALLATS will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of MALLATS.
7.4.8. For frequently asked questions about each item or service, the seller is responsible for the answers provided by him/her or on behalf of him/her.
7.5. AFTER SALE SERVICES
Any after sales services provided by the vendors, such as repair, warranties, guarantees, any formal procedures, fixing and any further complaints, shall be subject to the relationship between the buyer and the seller. MALLATS will not represent a party in such issues.
8. LIMITATION OF LIABILITY
8.1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1.1. You expressly agree that your use of MALLATS’s services is at your sole risk. MALLATS’s services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through MALLATS’s services are provided by MALLATS on an "as is" and "as available" basis, unless otherwise specified in writing. MALLATS makes no representations or warranties of any kind, express or implied, as to the operation of the MALLATS services or the information, content, materials, products (including software) or other services included on or otherwise made available to you through MALLATS’s services, unless otherwise specified in writing.
8.1.2. To the full extent permissible by law, MALLATS disclaims all warranties, express or implied, including, but not limited to availability, accuracy or content of information, products or services.
8.1.3. MALLATS does not warrant that the MALLATS services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the MALLATS services, MALLATS’s servers or electronic communications sent from MALLATS, is free of viruses or other harmful components nor that the service or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
8.1.4. To the full extent permissible by law, MALLATS will not be liable for any damages of any kind arising from the use of any MALLATS service or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any MALLATS service, including, but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.
8.1.5. MALLATS is not liable for any personal harm and/or health complications resulting from the use and/or consumption of the purchased products/services.
8.1.6. Notwithstanding the foregoing, this section does not apply on and does not limit the liability of (i) Any express, written product warranty or related disclaimers that are provided by sellers, manufacturers, specific third parties or suppliers with regard to a physical product sold in MALLATS’s website or any warranty on a physical product to the extent required by applicable law; (ii) Sellers, suppliers, specific third parties or manufactures' liabilities for personal injury to the users of items or services provided by them through MALLATS to the extent not waived under applicable law; or (iii) Any cause of action the user may have against sellers, suppliers or manufacturers that is not waived under applicable law. All such presentations or warranties are solely provided by sellers, manufacturers, specific third parties or suppliers and not by MALLATS.
8.1.7. Third party names, marks, products, advertisements, services, pop-up texts or links to third party applications may appear on the service. As permitted by applicable law, in no event will MALLATS be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any advertisement displayed on the service, any products, services or other materials relating to any such advertisement, any third-party services or any link contained in a third-party service. If you decide to link to any such third-party application, you do so entirely at your own risk.
You will indemnify and hold us (including MALLATS affiliates and subsidiaries, as well as MALLATS and their respective officers, directors, employees, agents) unaccountable to any claim or demand, including reasonable legal fees, due to or arising out of your breach of these Terms and Conditions, your gross negligence to comply with material Terms and Conditions, your improper use of MALLATS’s services or your breach of any law or the rights of a third party.
9. APPLICABLE LAW & DISPUTES
9.1. APPLICABLE LAW
By using any MALLATS service, you agree that the Law of the Kingdom of Bahrain will govern these Conditions of Use and any dispute of any sort that might arise between you and MALLATS.
9.2.1. Dispute between Vendor and Buyer:
The vendor and buyer shall resolve the dispute amongst themselves.
10. TERMS & CONDITIONS’ MODIFICATION
If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
11. NOTICE AND HOW TO REACH MALLATS
11.1 MALLATS may provide you with notices and communications by email, regular mail, postings on the site or by any other reasonable means. Except as otherwise set forth herein.
11.2 Notice to MALLATS must be sent by email, fax or through a posted letter to MALLATS
11.3 You can visit us at https://www.MALLATS.com
12.1 These Terms & Conditions, including any applicable additional terms and other associated policies, proposals and any enforceable contract/agreement constitute the entire agreement between you and MALLATS with respect to the service and it supersedes all prior or contemporaneous communications understandings (whether oral or written) with respect to the service. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. In case any conflict arises between these Terms and Conditions and any other important document, the up-to-date and most relevant document revealing the exact meaning of intentions between MALLATS and the user will prevail, unless agreed otherwise. No failure to exercise, partial exercise of or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. You may not assign, transfer or sublicense any of your rights or obligations under these Terms & Conditions without MALLATS’s express prior written consent.
12.2 MALLATS may assign its rights and obligations under these Terms and any applicable additional terms, in whole or in part, to any party at any time without any notice. MALLATS will not be responsible for failure to fulfil any obligation due to causes beyond MALLATS’s control. MALLATS reserves the right to prosecute any suspected breaches of these Terms & Conditions or the service. MALLATS may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
13. GENERAL PROVISIONS
13.1 The failure of MALLATS to exercise or enforce any right or provision of this Terms & Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by MALLATS.
13.2 Headings are for reference purposes only and do not limit the scope or extent of such section.
13.3 MALLATS’s failure to act with respect to a breach by you or others does not waive MALLATS’s right to act with respect to subsequent or similar breaches. MALLATS does not guarantee that it will take action against all breaches of these Terms & Conditions.
13.4 You agree that MALLATS shall not be liable to you or any third party for any suspension or termination of your access to the service. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
13.5 If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms & Conditions. Such account is owned and controlled by the business entity.
13.6 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions.