Agreement

·  Introduction
Welcome to Tjaraty.com. These are the terms and conditions governing your access to and use of the website tjaraty.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Tjaraty.com under the trade license of____________ ("we", "us" or "Tjaraty.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Tjaraty.com's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Tjaraty.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

· Eligibility for Membership
Tjaraty.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies ofTjaraty.com under this User Agreement or at law, Tjaraty.com reserves the right to limit or withdraw access to the Site or the membership of any person if Tjaraty.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Tjaraty.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

·  Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:

• You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Tjaraty.com of any unauthorized use of your password or account or any other breach of security. In no event will Tjaraty.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Tjaraty.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
• You will provide true, accurate, current and complete information about yourself as prompted by Tjaraty.com’s registration form (the "Registration Data").
• You will not include:
  (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word "Tjaraty" in your registration user ID.
• Your store name shall not include the word "Tjaraty".
• You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Site) by Tjaraty.com or any other user as confidential.
• You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Tjaraty.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Tjaraty.com under this User Agreement or at law, Tjaraty.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

Tjaraty.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Tjaraty.com upon such requests. You acknowledge and agree that if you do not, Tjaraty.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

·  Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Tjaraty.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

·  Amendments to this User Agreement
You acknowledge and agree that Tjaraty.com shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Tjaraty.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

·  Fees and Services
Tjaraty.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site costs 200 AED annually. Tjaraty.com does not charge any fee for browsing, bidding and buying listed items on the Site. Tjaraty.com charges sellers 200 AED per year and this includes opening the account, taking photos for the first 10 items, and upload it the site and give the sellers their log in details in printed cards.

Sellers must pay all fees due and payable to Tjaraty.com annual at the time they registered.

Tjaraty.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Tjaraty.com within 30 days of the date of the registration written in the invoice to you from Tjaraty.com with a valid payment method as set out in our Fees & Credit Policy .

In case of non-payment of membership charges by you to Tjaraty.com, without prejudice to any other rights and remedies of Tjaraty.com under this User Agreement or at law, Tjaraty.com without liability reserves the right to:

• Issue you with a warning regarding the non-payment in question.
• Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of Tjaraty.com issuing a warning to you.
• Tjaraty.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to Tjaraty.com
• Take any steps Tjaraty.com considers necessary including without limitation legal action for recovery of the outstanding fees.

·  Tjaraty SafePay
The Tjaraty.com safe payment system means that payment for items on the Site may be made online through (visa or paypal not yet activated) or partly online through Cash On Delivery ("COD") (or other payment methods which Tjaraty.com may make available on the Site from time to time) .
By providing the COD payment facilities, All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and Tjaraty.com is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Tjaraty.com have any fiduciary duty to any user. You acknowledge and agree that Tjaraty.com will hold your funds at your own risk.

·  Your Information
You grant Tjaraty.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

· Use of the Site
While using the Site, you will not:

• post Information or content or list items in an inappropriate category or areas on our Site;
• post items you do not have a right to link to or include;
• post items that are concurrently listed for sale on a website other than our Site;
• post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
• post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
• post counterfeit or stolen items;
• post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
• post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
• post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
• post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
• post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
• post Information or content or list items which may (in our sole discretion) threaten national security;
• post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
• use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
• use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
• claim an item was not sold when in Tjaraty.com sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
• in case of purchase of/placing a successful bid for an artwork which is marked as "non-exportable" on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
• manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
• circumvent or manipulate our fee structure, the billing process, or fees owed to Tjaraty.com;
• take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Tjaraty.com);
• transfer your Site account (including feedback) and username to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Site;
• attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
• export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
• violate any laws, rules, regulations, guidelines, third party rights or our policies;
• abuse Tjaraty.com's Shipping Policy , Payment Policy , Listing Policy , or any of Tjaraty.com's other policies or terms and conditions posted on the Site from time to time;
• directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
  
  • securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
  • living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
  • weapons of any description;
  • liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
  • religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
  • antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
  • used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
  • items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user's interest or health;
  • any items identical to other items you have up for auction but which are priced lower than your other items' price, the reserve price of such other item / minimum bid amount;
  • fresh food;
  • non-transferable vouchers; and chemicals.

You undertake, represent and warrant that:

• • you are 18 years of age or over the age of 18 years;
  • if you are a corporate representative, you have authority to bind the corporate entity;
  • you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
  • you will inform Tjaraty.com of any postings, items or transactions which appear to be in violation of this User Agreement;
  • you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
  • information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
  • you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of tjaraty.com
  • you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
  • you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
  • you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

·  Copyright
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Tjaraty.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Tjaraty.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

·  Trademarks
"Tjaraty.com" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Tjaraty.com and are protected by international trademark and other intellectual property rights and laws. Tjaraty.com's trademarks may not be used in connection with any product or service that is not Tjaraty.com's nor in any manner that disparages or discredits Tjaraty.com. All other trademarks not owned by Tjaraty.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tjaraty.com.

·  Abusing Tjaraty.com
Please report problems of any kind or violations of this User Agreement to Tjaraty.com. If you believe that your intellectual property rights have been violated, please notify Tjaraty.com. Without prejudice to any other rights and remedies of Tjaraty.com under this User Agreement or at law, Tjaraty.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Tjaraty.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

·  Platform for Communication

 

Buyer Protection:

all the purchases and selling that are made through the web site, Tjaraty.com is not responsible for any return or replacement, because all the process will be done between the buyers and the sellers.

 

The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. Tjaraty.com does not buy or sell items. Tjaraty.com is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold Tjaraty.com responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:

• Tjaraty.com is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with Tjaraty.com nor shall Tjaraty.com have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
• Tjaraty.com is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
• Tjaraty.com is not required to mediate or resolve any dispute or disagreement between users.
• Tjaraty.com has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
• Tjaraty.com does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, Tjaraty.com does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is Tjaraty.com a supplier or manufacturer of any items sold by users or purchased by users.
• Tjaraty.com does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
• The Site may include links to third party websites that are controlled by and maintained by others. Tjaraty.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Tjaraty.com is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
• Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and Tjaraty.com holds no responsibility in respect of such arrangements.
• Tjaraty.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• Tjaraty.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
• You release and indemnify Tjaraty.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.

·  Privacy
Tjaraty.com takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. Tjaraty.com has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that Tjaraty.com may process your personal information that you provide to it for the purposes of providing the services on Tjaraty.com and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

·  Breach of User Agreement
Without prejudice to any other rights and remedies of Tjaraty.com under this User Agreement or at law or otherwise, Tjaraty.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:

• If you breach this User Agreement;
• If Tjaraty.com is unable to verify or authenticate any information you provide; or
• If Tjaraty.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or Tjaraty.com.

Tjaraty.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Tjaraty.com or use the Site in any manner whatsoever until such time that such user is reinstated by Tjaraty.com. Notwithstanding the foregoing, if you breach this User Agreement. Our failure to act with respect to a breach by you or others does not constitute a waiver of Tjaraty.com's right to take any actions with respect to that, or subsequent or similar breaches. Tjaraty.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.

·  Selling & Hosting Auctions
As a registered member of the Site, you may list item(s) for sale on the Site. You may only offer for sale or sell item(s) on the Site in compliance with applicable laws and you must be legally able to offer for sale or sell such items under applicable laws. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of this User Agreement.. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You agree not to list a single item multiple times for "buy now" sales, including without limitation across various categories on the Site. You acknowledge and agree that Tjaraty.com has the right to delete such multiple listings of the same item.

·  Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Tjaraty.com under this User Agreement or at law or otherwise, Tjaraty.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

·  No Warranty
Tjaraty.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Tjaraty.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Tjaraty.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Tjaraty.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

·  Disputes
To be updated, if there is any dispute, there are several ways to resolve them by writing inquired to [email protected].

·  Transfer of Rights and Obligations
You hereby grant Tjaraty.com the right to, and irrevocably acknowledge and agree that Tjaraty.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Tjaraty.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Tjaraty.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Tjaraty.com.

·  General
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Tjaraty.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

·  Governing Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.

·  Listings Policy for Perfumes
Tester perfumes (which are usually bottles from which small quantities of perfume that can be taken for supply to consumers as free samples) are not permitted to be listed or sold on the Site. Any perfume with one or all of the following shall be considered to be a “Tester Perfume”:

• Comes from the original Manufacturer/ Brand as a tester (for testing, B2B sales or point of sale item) by the original designer of the perfume.
• Has a different packaging from the standard consumer packaging (usually testers come in plain box).
• The perfume comes without the bottle’s “Cap” inside the package.
• Some tester perfumes have the word "tester" or "demonstration" written on the bottle.
• Package labeled as “Not for Sale”.

Make sure your perfume listing follows the above. If it doesn't, your listing may be removed immediately without prior notice and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

·  Warranty legal terms and conditions
Warranty will be the responsibility of the sellers to persuade and confidence the buyers of the quality and the item. Tjaraty.com is not responsible of making any warranty for the products on the sites.