Arabic 
Terms & Conditions
MarketBH's
Terms & Conditions (Vendor)
IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY
UTILISING OUR SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. These terms and conditions are a legal agreement between
you as the Vendor and Sab Trek Technologies W.L.L (owner of and trading as
“MarketBH”). By signing or agreeing to this contract the Vendor acknowledges
that MarketBH is a property of Sab Trek Technologies W.L.L and that person
agreeing to this contract is legally authorized to do so on behalf of their
company/establishment.
2. For purpose of definition “Sab Trek Technologies W.L.L” is
the owner of “MarketBH”. “MarketBH” is a website and mobile platform for buyers
to order & pay for Products via the internet from “Vendors”. A “Vendor” is
a legal entity that provide (sell) the products.
“Buyers” are the users who are individuals or companies who have signed up for
the MarketBH service and have chosen to agree to the terms and conditions and placed
Product orders through MarketBH. MarketBH’s sole responsibility is connecting
Buyers and Vendors and receiving payments on behalf of Vendors. The “Service”
refers to the access of MarketBH website and mobile app that allows Buyers to
make and pay for Product orders from the Vendors. The “Product” refers to the
items and services provided by each Vendor. “Commission” refers to MarketBH’s
commission on orders made by buyers to Vendor on the MarketBH platform.
3. By participating the Vendor has agreed to all the terms
and conditions. Both parties have agreed
that MarketBH users have the right to purchase the Vendor Products and make
payment for them electronically via the websites and apps of MarketBH. The
Vendor will be responsible to make available the orders purchased
electronically through the MarketBH application & website (via the
internet). The Vendor is responsible for the delivery of the purchased product
to the buyer. The Vendor may opt to utilize the 3rd party delivery
service MarketBH may have, but the ultimate responsibility of the delivery will
remain on the Vendor. The Vendor is responsible to enter the correct weight of
the product in order for MarketBH to calculate the correct shipping rate –
should there be any discrepancy the additional charges will be passed on to the
Vendor. In case the 3rd party delivery service has defaulted for any
reason, the Vendor is fully liable to do the necessary to rectify the situation
and ensure delivery of the product to the buyer. The Vendor has agreed to provide the services
to the best of their abilities, and should they be unable to continue to do so
for any reason they will inform MarketBH on shop@Marketbh.com
accordingly.
4. This agreement is valid for 1 year and will be
automatically renewed unless terminated by either party. This agreement may be
terminated at any time by providing a 1 week notice. MarketBH reserves the
right to terminate this agreement immediately and without notice should the
Vendor fail to honor their responsibilities. Should any termination occur
MarketBH will settle any due payments and close off the Vendor account.
5. The Vendor agrees MarketBH’s commission will be at 5% of
order value on all order types. The Vendor acknowledges and agrees that all
buyer payments will be received directly by MarketBH and transferred to the
Vendor within 10 working days in the following month less 5% commission &
any Admin (3rd party MarketbH shipping partner) shipping charges.
The Vendor agrees to inform MarketBH should there be any discrepancy in payment
within 2 working days from receipt of payment otherwise it will be assumed it
is approved. MarketBH reserves the right to change their commission, service
charges, other terms of this agreement and add new charges or terms by
providing 1 week notice.
6. The Vendor is fully responsible to honor all services
featured by MarketBH. The Vendor is fully & solely responsible for all
their Product pricing on MarketBH. The Vendor is fully responsible to sell only
products that comply with the laws of the kingdom of Bahrain. The Vendor agrees they will charge MarketBH
users at equivalent or lower rates than they are charging to non-MarketBH users.
The Vendor agrees to display MarketBH POS at their outlet. The Vendor agrees
that they are fully and solely responsible for any customer disputes, refund
requests that may arise from quality of Vendor Product or Service or timely
delivery and accordingly bear any related actions & costs, if any, directly with the buyer. The Vendor is fully responsible for the
Product in all forms including and not limited to the quality of product be it
in terms of components, finished product, speed of service. The Vendor is
responsible for the products to match the displayed photo. The Vendor is liable
and responsible for any product or services offered that is unhealthy, may
cause sickness or injury of any form, or be unacceptable by the Buyer. The
Vendor is fully responsible for the speed of delivery service and ensuring they
deliver to the correct delivery address, even in the case of using MarketBH 3rd
party delivery service. The Vendor is fully responsibly for verifying the
accuracy of the Buyer delivery address and shall not hold MarketBH liable for
any inaccuracies. The Vendor will not hold MarketBH responsible for being
unable to reach the buyer delivery address. The Vendor will not hold MarketBH
responsible for any topics, discussions, actions, words, language, photos,
content that may take place or result from within MarketBH or MarketBH service.
The Vendor understands that MarketBH reserves the right to expel any Buyer who
abuses, misuses MarketBH service in any form. The definition of expel means
terminating the Buyer access and terminating their account without any notice.
MarketBH will not be responsible for any cancelled orders and will not refund
any amounts that have been processed, in either way MarketBH’s commission
remains. The Vendor is fully responsible to honor all paid orders. The Vendor
acknowledges the full responsibility is theirs to explain to the buyer of any
mishap, misrepresentation of product, absence of product and provide any refund
directly to the buyer if that’s what they agree to. The Vendor agrees not to misuse
MarketBH’s database in any form and only use it for the purpose of providing
the MarketBH Service. The Vendor agrees not to copy, replicate the MarketBH
database for any other purpose other than use for MarketBH Service. MarketBH
may change/remove features if needed.
7. The Vendor acknowledges that MarketBH and all its data is
the property of MarketBH (owned by Sab Trek Technologies W.L.L), including and
not limited to all customer databases collected. The Vendor acknowledges that
MarketBH will be retaining all data including customer data on their
records/servers. The Vendor agrees that they may not share customer data with
any 3rd parties and should only use it for their communication only.
The Vendor agrees that MarketBH is allowed to use Vendor name, logo, trademark
and imagery, products on MarketBH website and applications. The Vendor
acknowledges that MarketBH may use the customer data base for the purpose of
running MarketBH promotional campaigns and announcements. The Vendor declares they are fully compliant
with the safety and health rules and obligations of the Kingdom of Bahrain.
MarketBH reserves the right to amend the terms and conditions of this agreement
from time to time and inform the Vendor
of such changes which will be binding on both parties.
8. Sab Trek Technologies may choose to rename MarketBH at any
time but will ensure this is announced. In the unfortunate event where MarketBH
services are temporarily suspended due to circumstances beyond our control we
will try our best to re-activate at our earliest but will not bear any
responsibility for this inconvenience. In the unfortunate event where MarketBH
services are permanently suspended due to circumstances beyond our control or
as a result of our decision to terminate services we will ensure you are
notified accordingly. We may transfer
this agreement to someone else. We may transfer our rights and obligations
under these terms to another organisation. We will always notify you if this
happens and we will ensure that the transfer will not affect your rights under
the contract. You need our consent to transfer your rights to someone else. You
may only transfer your rights or your obligations under these terms to another
person/company if we agree to this in writing. In the instance that ownership
of your entity is transferred to a new individual or company, then the new
entity shall be bound by this agreement unless otherwise notified. If a court
finds part of this contract illegal, the rest will continue in force. Each of
the paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will
remain in full force and effect. These terms are governed by the laws of the
Kingdom of Bahrain.
Terms & Conditions
MarketBH's Terms
& Conditions (User)
IMPORTANT
-- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILISING OUR SERVICE YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. These terms
1.1
What these terms cover.
These are the terms and conditions on which we supply services to you. These
terms and conditions are a legal agreement between You and Sab Trek
Technologies S.P.C (trading as “MarketBH”), for use of the MarketBH service
(the “Service”). "You" refers to any individual who creates an
account on the Service (considered also as the “Buyer”), or, if the Service is
being used on behalf of an entity by an individual authorised to agree to such
terms on behalf of such entity, then "You" refers to such entity. If
You are accessing the Service on behalf of Your employer, you represent and
warrant that You have the authority to agree to these terms and conditions on
its behalf. If You do not agree with the terms of this Agreement, do not use
the Service. A “Vendor” is a legal entity that provide (sell) the products.
MarketBH reserves the right to update and change the Agreement from time to
time without notice or acceptance by You. The Agreement will also be applicable
to the use of the Service on a trial basis. By using the Service, You signify
Your irrevocable acceptance of this Agreement.
1.2
Why you should read
them. Please read these terms carefully before you create an account and start
using the Service. These terms tell you who we are, how we will provide
products to you, how you and we may change or end the contract, what to do if
there is a problem and other important information.
2. Information
about us and how to contact us
2.1
Who we are. We are Sab
Trek Technologies S.P.C trading as MarketBH, a company registered in the
Kingdom of Bahrain. Our company registration number is 127823.
2.2
How to contact us. You
can contact us at shop@Marketbh.com
2.3
How we may contact you.
If we have to contact you we will do so by at the email address you provided to
us.
3. Our Services
3.1
The Service includes,
and is limited to, a service, website, or mobile application that allows You
access to and use of a single MarketBH account. "MarketBH" is a
website and mobile platform for buyers to order & pay for Products via the
internet from “Vendors”. MarketBH’s role
is to connect You with the Vendor and receive payment on their behalf and
assumes no responsibility other than featuring the Vendor Product &
processing payment. MarketBH assumes no responsibility for the quality of
product ordered from any Vendor. The sole responsibility for the quality of
product be it in terms of safety, ingredients, finished product, color,
condition, speed of service is the Vendor You are ordering from as MarketBH has
no responsibility on this subject. MarketBH assumes no responsibility that the
orders made match the ones featured from photo featured on MarketBH. MarketBH
shall not be liable or responsible for any Product or services offered by
Vendors that is unhealthy, may cause sickness or injury of any form, or be
unacceptable by You in any form. You are fully responsible for ensuring the
correct contact details and delivery address details as MarketBH is not
responsible for any such incorrect details provided by You. The Vendor is
solely responsible for delivery time and service as MarketBH assumes no
responsibility on this. MarketBH assumes no responsibility for the availability
of any Product from the Vendor. MarketBH assumes no
responsibility for any topics, discussions, actions, words, language, photos,
content that may take place or result from within MarketBH. MarketBH
reserves the right to terminate without notice You from using the service at
any time should they find misuse or abuse in any form be it within its service.
Payments are made though a secure payment gateway provided by an authorized
financial institution in the Kingdom of Bahrain. Once an order is paid no refund
or cancellation is possible, the Vendor will be solely responsible to honor
this order and process your request. Should any dispute occur after payment,
the Vendor You are ordering from will be fully responsible to handle the
dispute and MarketBH will not be liable or responsible in anyway. You
acknowledge and agree that MarketBH and Vendors will retain & have access
to your contact details and may be able to send you offers, advertisements and
marketing material from within MarketBH platform. You acknowledge and agree
that through MarketBH You may be exposed to offers, advertisements and
marketing material from various brands and companies. You acknowledge and agree
that MarketBH or any of the Vendors you have placed orders from may contact you
for the purpose of providing MarketBH Services. MarketBH assumes no
responsibility should the quality of service be effected because of any
internet related issues even during the payment process. MarketBH is not
responsible for any issues that may arise due to the service provided by your
bank or debit/credit card provider. In the unfortunate event where MarketBH
services are temporarily suspended due to circumstances beyond our control we
will try our best to re-activate at our earliest but will not bear any responsibility
for this inconvenience. In the unfortunate event where MarketBH services are
permanently suspended due to circumstances beyond our control or as a result of
our decision to terminate services we will ensure you are notified accordingly.
The
Service may contain information, data, text, photographs, videos, audio clips,
written posts and comments, software, scripts, graphics, and interactive
features generated, provided, or otherwise made accessible on or through the
Service (collectively, “Content”). Subject to these Terms of Service, MarketBH
grants to You and each user of the Service a worldwide, non-exclusive,
non-transferable license to use (i.e., to download and display locally) Content
solely for purposes of using the Service. Use, reproduction, modification,
distribution or storage of any Content for other than purposes of using the
Service is expressly prohibited without prior written permission from us. You
shall not sell, license, rent, or otherwise use or exploit any Content for
commercial use or in any way that violates any third party right.
3.2
MarketBH may at its sole
discretion modify the features of the Service from time to time without prior
notice. You agree that MarketBH shall not be liable to You or to any third
party for any modification, suspension, termination or discontinuance of the
Service.
4. Eligibility
4.1
You must be at least 15+
years of age to use this Service. You must provide your current, accurate
identification, contact, and other information that may be required as part of
the registration process and/or continued use of the Service. You are
responsible for maintaining the confidentiality of your Service password and
account, and are responsible for all activities that occur thereunder. You are
responsible for the payment method used and confirm that the debit/credit card
used is owned by you or You have approval to use if owned by someone else.
MarketBH reserves the right to refuse service to You or anyone else at any time
without notice for any reason.
5. Registration
5.1
In order to use the
Service, You must sign-up to MarketBH or order as a guest. To acquire an
account for the Service, You must provide MarketBH with an email address,
Mobile phone number and various other pieces of information. You are
responsible for maintaining the confidentiality of the username and password
for your account, and are fully responsible for all activities that occur
within your account.
5.2
You agree to notify MarketBH
of any unauthorised use of your account or any other breach of security, and
ensure that You sign-out from your account at the end of each session. MarketBH
will not be liable for any loss or damage arising from any failure by You to
sign-out of your MarketBH account or for any damage that You may suffer as a
result of a third party accessing the internet.
6. Intellectual Property
6.1
All intellectual
property rights and all other rights, including but not limited to all patents,
rights to inventions, copyright and related rights, trademarks, trade names,
domain names, database rights, rights in get-up, rights in goodwill or to sue
for passing off, unfair competition rights, rights in designs, rights in
computer software, database rights, topography rights, moral rights, rights in
confidential information (including without limitation know-how and trade
secrets) and any other intellectual property rights, in each case whether
registered or unregistered, and including without limitation all applications
for, and renewals or extensions of, such rights, and all similar or equivalent
rights or forms of protection in any part of the world in the Service (the
“Intellectual Property Rights”) shall be owned by MarketBH (Owned by Sab Trek
Technologies S.P.C).
6.2
You may not reverse
engineer, reverse compile or otherwise reduce to human readable form any
software associated with the Service.
6.3
You shall use reasonable
endeavors to prevent any infringement of MarketBH’s Intellectual Property
Rights in the Service and shall promptly report to MarketBH any such
infringement that comes to your attention.
7. Termination and
suspension
7.1
MarketBH may, at its
sole discretion, at any time and for any reason, terminate the Service,
terminate this Agreement, or suspend or terminate Your MarketBH account. In the
event of suspension or termination, Your account will be disabled and You may
not be granted access to Your account or any files or other Content contained
in Your account, and MarketBH may delete Your user content, although residual
copies of information may remain in our system for some time for back-up
purposes.
7.2
Once your account is
cancelled all of your Content will be immediately deleted from the Service.
Since deletion of all data is final please be sure that you do in fact want to
cancel your account before doing so.
7.3
If You terminate Your
Account, via means provided for cancellation on the MarketBH app or website,
and You request that MarketBH delete the Content and files contained in Your
Account, MarketBH will make all reasonable efforts to do so.
8. Proper Use
8.1
You agree that you will
use the Service in compliance with all applicable national and international
laws, rules and regulations, including any laws regarding the transmission of
technical data exported from your country of residence.
8.2
You shall not agree and
shall not authorise or encourage any third party to: use the Service to upload,
transmit or otherwise distribute any content that is unlawful, defamatory,
harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise
objectionable as reasonably determined by MarketBH; use the Service for any
fraudulent or inappropriate purpose; resell, duplicate, reproduce or exploit
any part of the Service without the express written permission of MarketBH; use
any robot, spider, other automated device, or manual process to monitor or copy
any content from the Service. Violation of any of the foregoing may result in
immediate termination of this Agreement.
8.3
MarketBH claims
ownership over any user content submitted on or through the Service and by uploading any user content to the Service,
You agree that MarketBH may store and display your user content.
8.4
You understand that by
using the Service, You may be exposed to user content that is offensive,
indecent or objectionable. Under no circumstances will MarketBH be liable in
any way for any user content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, transmitted or otherwise made
available via the Service.
8.5
You agree that MarketBH
has no responsibility or liability for the deletion of, or the failure to store
or to transmit, any user content and other communications maintained by the
Service. You acknowledge that MarketBH may establish general practices and limits
concerning use of the Service and may modify such practices and limits from
time to time.
9. If there is a
problem with the Service
9.1
If you have any
questions or complaints about the Service, please contact us. You can write to us
at shop@MarketBH.com
10. How we may use your
personal information
10.1
How we may use your personal
information. We will only use your personal information for the purpose of
providing the MarketBH service.
11.
Representations and warranties
11.1
You represent and warrant that (a)
all of the information provided by You to MarketBH to participate in the
Service is correct and current; and (b) You have all necessary right, power and
authority to enter into this Agreement and to perform the acts required of You
hereunder.
11.2
You understand and agree that the
Service is provided "as is" and the entire risk arising out of use,
security or performance of the Service remains with You. All conditions,
representations and warranties, whether express, implied, statutory or
otherwise, including, without limitation, any implied warranty of
merchantability, fitness for a particular purpose, or non-infringement of third
party rights, are hereby disclaimed to the maximum extent permitted by
applicable law.
11.3
You expressly understand and agree
that MarketBH shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses
(even if MarketBH has been advised of the possibility of such damages),
resulting from your usage of the Service.
12. Other important terms
12.1
We may
transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will always notify
You if this happens and we will all do our best that the transfer will not
affect Your rights under the contract.
12.2
You need our
consent to transfer your rights to someone else. You may only transfer your
rights or your obligations under these terms to another person if we agree to
this in writing.
12.3
Nobody else
has any rights under this contract (except someone you pass your guarantee on
to). This contract is between You and MarketBH. No other person shall have any
rights to enforce any of its terms.
12.4
If a court
finds part of this contract illegal, the rest will continue in force. Each of
the paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will
remain in full force and effect.
12.5
Even if MarketBH delays in enforcing
this contract, MarketBH can still enforce it later. If MarketBH do not insist
immediately that You do anything You are required to do under these terms, or
if we delay in taking steps against You in respect of your breaking this
Agreement, that will not mean that You do not have to do those things and it
will not prevent us taking steps against You at a later date.
12.6 Which laws
apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the Kingdom of
Bahrain.