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THIS AGREEMENT WITNESSES AS UNDER
TERMS AND CONDITIONS FOR SELLERS OF ASEEL
Section 1: Introduction
Welcome to Aseel, an e-commerce platform that connects buyers and sellers who specialize in handmade goods and services from around the world. These terms and conditions ("Agreement") govern your use of the Aseel platform and services ("Services"), so please read them carefully. You agree to be bound by this Agreement by accessing or using the Services.
Aseel is owned and operated by Aseel Inc. ("Aseel," "we," or "us"), a corporation registered in the state of Delaware, United States. Our mission is to provide a secure and trustworthy platform for individuals and businesses to buy and sell products online.
This Agreement establishes a legal agreement between Aseel and its sellers ("you" or "your"). By accessing or using the Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Services.
Aseel may modify this Agreement at any time by posting the modified terms on the Aseel website or through the Services. Your continued use of the Services after any such modification constitutes your acceptance of the revised Agreement.
Thank you for choosing Aseel as your e-commerce platform. We hope you have a great experience using our Services.
Section 2: Definitions
"Agreement" refers to these terms and conditions, which establish a legal agreement between Aseel and its sellers.
"Aseel" refers to Aseel Inc., a Delaware corporation that owns and operates the Aseel platform and services.
"Buyer" refers to a user who purchases goods or services through the Aseel platform.
"Seller" refers to a user who offers goods or services for sale through the Aseel platform.
"Services" refers to the Aseel e-commerce platform and related services, including but not limited to product listings, payment processing, and customer support.
"User" refers to any person or entity who accesses or uses the Aseel platform and services, including but not limited to buyers, sellers, and visitors to the Aseel website.
"Seller Content" refers to any content, including but not limited to text, images, and videos, that sellers post, upload, or otherwise submit to the Aseel platform.
"Website" refers to the Aseel website, located at www.aseel.com, as well as any subdomains, mobile applications, and related web pages.
Capitalized terms not defined in this section have the meaning ascribed to them elsewhere in this Agreement.
Section 3: Seller Accounts
3.1 Account Creation
In order to be able to sell with Aseel, you must create an account with Aseel. To create an account, you must provide accurate and complete information, including your name, email address, and any other information requested by Aseel. You must also choose a username and password for your account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to notify Aseel immediately of any unauthorized use of your account.
3.2 Account Eligibility
You must be at least 18 years old to create an account with Aseel. Also, Aseel will require legitimate proof of you being a working artisan who focuses on authentic handmade goods or services. By creating an account, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into this Agreement.
3.3 Account Information
You are responsible for ensuring that the information in your account is accurate and up-to-date. You may edit or delete your account information at any time through the Services. Aseel may, in its sole discretion, suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
3.4 Account Security
You are responsible for maintaining the security of your account and password. Aseel cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation. You must immediately notify Aseel of any unauthorized use of your account or any other breach of security.
3.5 Account Termination
You may terminate your account with Aseel at any time by contacting Aseel customer support. Aseel may, in its sole discretion, terminate your account or restrict your access to the Services for any reason, including but not limited to a violation of this Agreement or a violation of Aseel's policies.
3.6 Account Deactivation
If your account remains inactive for a period of six (6) months or more, Aseel may, at its sole discretion, deactivate your account. You will be notified of the deactivation of your account and given the opportunity to reactivate it. If you fail to reactivate your account within the time period specified by Aseel, your account, and all associated information may be permanently deleted.
By creating an account with Aseel, you agree to comply with all applicable laws and regulations and to be bound by the terms of this Agreement.
Section 4: Content and Intellectual Property
4.1 Seller Content
Aseel does not claim ownership of any content that you post, upload, or otherwise submit to the Aseel platform ("Seller Content"). However, by posting, uploading, or submitting Seller Content, you grant Aseel a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Seller Content in any media format and through any media channels. You also grant Aseel the right to use your name and likeness in connection with any Seller Content that you post, upload, or otherwise submit to the Aseel platform.
4.2 Intellectual Property Rights
The Aseel platform and services, including all text, graphics, logos, images, audio and video content, and software, are owned or licensed by Aseel and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use any Aseel trademarks, logos, or service marks without our prior written consent.
4.3 Prohibited Seller Content
You may not post, upload, or otherwise submit to the Aseel platform any Seller Content that infringes or violates the intellectual property, privacy, or other rights of any third party, or that is unlawful, defamatory, obscene, pornographic, threatening, harassing, or otherwise objectionable. Aseel reserves the right, in its sole discretion, to remove any Seller Content that violates this Agreement or Aseel's policies, or that Aseel determines to be otherwise objectionable.
4.4 Reporting Copyright Infringement
Aseel respects the intellectual property rights of others and expects its sellers to do the same. If you believe that your copyrighted work has been infringed on the Aseel platform, please contact Aseel customer support and provide the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the material that you claim is infringing and where it is located on the Aseel platform; (c) your contact information, including your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (e) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
By using the Aseel platform and services, you agree to comply with all applicable intellectual property laws and to respect the intellectual property rights of others.
Section 5: User Conduct
5.1 Compliance with Laws
You agree to use the Aseel platform and services in compliance with all applicable laws, rules, and regulations, including but not limited to those relating to privacy, data protection, intellectual property, and export control. You also agree not to use the Aseel platform and services for any illegal or unauthorized purpose, and not to engage in any activity that is harmful, offensive, or disruptive to the Aseel community or the Aseel platform and services.
5.2 Prohibited Activities
You agree not to engage in any of the following activities in connection with your use of the Aseel platform and services:
5.3 Suspension or Termination of Account
Aseel reserves the right to suspend or terminate your access to the Aseel platform and services, without notice and without liability, for any reason or no reason, including but not limited to your violation of these Terms and Conditions or your misuse or abuse of the Aseel platform and services. In the event of any suspension or termination, you will immediately cease all use of the Aseel platform and services, and Aseel may, in its sole discretion, delete or remove any User Content associated with your account.
Section 6: Payment and Fees
6.1 Payment Processing
Aseel uses a third-party payment processing service to facilitate payments made through the Aseel platform and services. By using the Aseel platform and services to make or receive payments, you agree to be bound by the terms and conditions of the payment processing service provider, in addition to these Terms and Conditions.
Aseel may charge fees for certain services or transactions conducted through the Aseel platform and services. Any such fees will be clearly disclosed to you at the time of the transaction, and you will have the opportunity to review and accept the fees before proceeding. Aseel reserves the right to change its fee structure at any time, and any such changes will be effective immediately upon posting on the Aseel platform.
You are solely responsible for paying any applicable taxes, duties, or other governmental charges associated with your use of the Aseel platform and services. Aseel will not be responsible for any taxes or charges imposed on you by any government or regulatory authority.
6.4 Refunds and Disputes
Aseel may provide refunds or issue credits for certain transactions conducted through the Aseel platform and services, in accordance with its refund policy. If you have a dispute with another user regarding a transaction conducted through the Aseel platform and services, you agree to work with the other user to resolve the dispute in good faith. If you are unable to resolve the dispute, you may contact Aseel's customer support team for assistance.
6.5 Payment Security
Aseel takes the security of its payment processing system seriously and employs various measures to protect against fraud and unauthorized access. However, Aseel cannot guarantee that its payment processing system will be completely secure, and you use the system at your own risk. If you believe that there has been an error or unauthorized access related to your payment information, please contact Aseel's customer support team immediately.
Section 7: Product Listings
7.1 Listing Content
You are solely responsible for the accuracy and completeness of all content and information that you provide when creating a product listing on the Aseel platform and services. You represent and warrant that all product listings that you create comply with all applicable laws and regulations, including but not limited to laws governing product safety and labeling.
7.2 Prohibited Products
You may not create a product listing for any product or service that is illegal, infringes upon the intellectual property rights of others, is misleading or deceptive, or is prohibited by the Aseel platform policies. Aseel reserves the right to remove or suspend any product listing that it determines, in its sole discretion, to be in violation of these Terms and Conditions or the Aseel platform policies.
7.3 Product Images and Descriptions
Product images and descriptions must accurately and truthfully represent the product or service being offered in the product listing. You may not use images or descriptions that are misleading or deceptive, or that violate the intellectual property rights of others.
All product listings must include accurate and up-to-date pricing information. You may not use misleading or deceptive pricing information, including but not limited to false discounts or price inflation.
You are responsible for ensuring that the products or services offered in your product listings are available for purchase or delivery as advertised. If a product or service becomes unavailable after a purchase has been made, you are responsible for promptly notifying the buyer and providing a refund or alternative product or service, as applicable.
7.6 Reviews and Ratings
Buyers may provide reviews and ratings of products and services purchased through the Aseel platform and services. You acknowledge and agree that such reviews and ratings are the sole opinions of the buyers and do not represent the views or opinions of Aseel. You may not attempt to manipulate or influence the reviews and ratings system in any way, and Aseel reserves the right to remove or suspend any product listing or user account that it determines, in its sole discretion, to be in violation of these Terms and Conditions or the Aseel platform policies.
Section 8: Shipping and Delivery
8.1 Shipping Options
Aseel offers various shipping options for products purchased through the Aseel platform and services. The availability of shipping options may vary depending on the seller and the buyer's location. You are solely responsible for selecting the appropriate shipping option when making a purchase on the Aseel platform and services.
8.2 Shipping and Delivery Times
Shipping and delivery times may vary depending on the shipping option selected, the seller's location, and the buyer's location. Aseel does not guarantee any specific shipping or delivery times and is not responsible for any delays caused by the shipping carrier or other factors beyond its control.
8.3 Shipping Costs
Shipping costs may vary depending on the shipping option selected, the seller's location, and the buyer's location. Shipping costs will be clearly disclosed to the buyer at the time of purchase, and the buyer will have the opportunity to review and accept the shipping costs before proceeding with the purchase.
8.4 Customs and Import Duties
If you are purchasing products from a seller located outside of your country, you may be subject to customs and import duties. You are solely responsible for paying any such duties, and Aseel will not be responsible for any customs or import duties imposed on you.
8.5 Shipping Errors and Damages
In the event that a product is lost or damaged during shipping, you may be entitled to a refund or replacement product, subject to the seller's policies and applicable laws and regulations. You are responsible for contacting the seller and the shipping carrier to report any shipping errors or damages and for providing any necessary documentation to support your claim.
8.6 Delivery Confirmation
Aseel may provide delivery confirmation for certain shipments, subject to the shipping carrier's policies and procedures. You acknowledge and agree that Aseel's delivery confirmation is provided solely as a courtesy and does not constitute proof of delivery or acceptance of the product by the buyer.
Section 9: Disclaimers and Limitations of Liability
Aseel provides the Aseel platform and services on an "as is" and "as available" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Aseel does not guarantee that the Aseel platform and services will be uninterrupted or error-free or that any defects will be corrected. Aseel makes no warranties or representations about the accuracy or completeness of the content provided on the Aseel platform and services or the content of any websites linked to the Aseel platform and services.
9.2 Limitations of Liability
Aseel will not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Aseel platform and services, including but not limited to damages for lost profits, lost data, loss of goodwill, or business interruption, whether based on contract, tort, negligence, strict liability, or otherwise, even if Aseel has been advised of the possibility of such damages. Aseel's total liability to you for all claims arising out of or in connection with your use of the Aseel platform and services will not exceed the amount paid by you to Aseel in the twelve months preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless Aseel, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of the Aseel platform and services or any violation of these Terms and Conditions or applicable laws and regulations.
9.4 Force Majeure
Aseel will not be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, war, civil unrest, labor disputes, or government regulations or restrictions.
Section 10: Termination
10.1 Termination by Aseel
Aseel reserves the right to terminate your access to the Aseel platform and services at any time for any reason, with or without cause, without prior notice to you. In the event of termination by Aseel, Aseel will refund any unused portion of any prepaid fees that you have paid for any services.
10.2 Termination by You
You may terminate your use of the Aseel platform and services at any time by providing notice to Aseel. Any prepaid fees are non-refundable, except as otherwise provided in this agreement.
10.3 Effect of Termination
Upon termination of your use of the Aseel platform and services, your access to the Aseel platform and services will immediately cease. Aseel will have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. Any rights and obligations of the parties which by their nature should survive will survive the termination of this agreement.
Section 11: Intellectual Property
All intellectual property rights in the Aseel platform and services, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by Aseel or its licensors. Aseel reserves all rights not expressly granted in this agreement.
Subject to your compliance with these terms and conditions, Aseel grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Aseel platform and services for your personal or internal business purposes.
You may not copy, modify, distribute, sell, or transfer any part of the Aseel platform and services or use them to create derivative works. You may not reverse engineer, decompile, or disassemble any part of the Aseel platform and services, except to the extent that such activity is expressly permitted by applicable law.
11.4 User Content
You retain all rights to any content that you submit to the Aseel platform and services. However, by submitting content to Aseel, you grant Aseel a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the Aseel platform and services and Aseel's business.
11.5 Infringement Claims
Aseel respects the intellectual property rights of others and expects you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Aseel's designated agent for notice of claims of infringement at [insert contact information].
Section 12: Governing Law and Dispute Resolution
12.1 Governing Law
This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Aseel is located, without regard to its conflict of laws principles.
12.2 Dispute Resolution
Any dispute arising out of or related to this agreement or the use of the Aseel platform and services shall be resolved through confidential, binding arbitration in accordance with the rules of the arbitration association chosen by Aseel. The arbitration shall be conducted in the English language and take place in the jurisdiction in which Aseel is located. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Either party may seek injunctive or other equitable relief from any court of competent jurisdiction in the event of a breach or threatened breach of this agreement, without prejudice to any other rights or remedies that may be available.
12.4 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
Section 13: Amendments
Aseel reserves the right to modify or amend these terms and conditions at any time, in its sole discretion, by posting the amended terms on the Aseel platform or notifying you by email. Your continued use of the Aseel platform and services after the effective date of any such amendment constitutes your acceptance of the amended terms. If you do not agree to any amendment, you must stop using the Aseel platform and services.
It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any modifications or amendments. Aseel may also, in its sole discretion, add, modify, or remove features or functionality from the Aseel platform and services at any time without notice.
Section 14: Miscellaneous
14.1 Entire Agreement
These terms and conditions constitute the entire agreement between you and Aseel with respect to the use of the Aseel platform and services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Aseel.
14.2 Waiver and Severability
Aseel's failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision. If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign or transfer these terms and conditions, or any of your rights or obligations hereunder, without the prior written consent of Aseel. Aseel may assign or transfer these terms and conditions, or any of its rights or obligations hereunder, without your consent or notice to you.
The section headings and titles in these terms and conditions are for convenience only and have no legal or contractual effect.
14.5 Contact Us
If you have any questions or concerns about these terms and conditions or the Aseel platform and services, please contact us at [email protected]
Last Updated: April 10, 2023
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