1. Entity description
- This Terms and Conditions (called from now on "rules") describes the terms and conditions applicable to your use of the handelot.com website. This rules is entered into between you as the member of the Site (the" Member") and handelot.com ("handelot.com ").
- For purposes of this rules, a "Member" is any person who accesses the Site for whatever purpose, regardless of whether said Member has registered with handelot.com as a registered Member or whether said the Member is a paying customer for a specific service provided by handelot.com. A Member includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
- By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Rules as a Member. You shall be bound by the terms and conditions of this Rules with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Rules, please do not use this Site.
- This Rules applies to each member of the site. However, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to any provision of this Rules, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to handelot.com and/or its affiliates.
- Handelot.com may amend this Rules at any time by posting the amended and restated Rules on the Site. The amended and restated Rules shall be effective immediately upon posting. Posting by handelot.com of the amended and restated Rules and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Rules may not otherwise be modified, except in writing by an authorized officer of handelot.com.
2. Entering acceptance
- Access to the Site and certain of its features are provided to all Members free of charge. However, handelot.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid access") to paying Members or Members who undergo a specific registration process.
- Handelot reserves the right to deny Paid access to any Member for whatever reason in order to protect the interests of handelot.com.
- Member may use this Site solely for their own personal or internal purposes. Each Member agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Handelot Content") for the purpose of re-selling or re-distributing the handelot.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with handelot.com, or otherwise commercially exploiting the handelot.com Content. Systematic retrieval of handelot.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from handelot.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Rules is prohibited.
- Some of the handelot.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Handelot.com is not the author of Third-Party Content, whether contributed by anonymous members or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. Handelot.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any Member in connection with such Member's reliance of such Third Party Content. In addition, handelot.com is not responsible for the conduct of any Member's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Member's conduct.
- Handelot.com may allow Members access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions before using such sites in order to be aware of the terms and conditions of your use of such sites. Member acknowledges that handelot.com has no control over such third party's web site, does not monitor such sites, and handelot.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
- Handelot.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Members, or to change any of the features or introduce new features without prior notice. Each Member acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall handelot.com be liable to the Member or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
- No Member shall undertake any scheme to undermine the integrity of the computer systems or networks used by handelot.com and/or any other Member and no Member shall attempt to gain unauthorized access to such computer systems or networks.
- As a condition of your access to and use of handelot.com, you agree that you will not use the handelot.com service to infringe the intellectual property rights or other legitimate rights of others in any way. Handelot.com will in appropriate circumstances terminate the accounts of Members who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, handelot.com reserves the right to terminate the account of a member upon any single infringement of the rights of others in conjunction with use of the handelot.com service, or if handelot.com believes that Member's conduct is harmful to the interests of handelot.com, its affiliates, or other members, or for any other reason in handelot.com's sole discretion, with or without cause, without any obligation of money refund.
Additionally, members understand and accept that memberships fees on Handelot are non-refundable under any circumstance.
3. Members in general
- Each Member who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, business references, etc.) is a registered member of handelot.com (a "Registered Member"). Handelot.com will establish an account ("Account") for each Registered Member and each Registered Member will be assigned access details for log-in to its own Account.
- If the Registered Member is a business entity, you represent that (a) you have the authority to bind the entity to this Rules; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to handelot.com during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
- By becoming a Registered Member, you consent to the inclusion of your personal data in our database and authorize handelot.com to share such information with other Members. Handelot.com may suspend or terminate a Registered Member's Account or Email Account at any time by given time. No
- A Registered Member may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, Email ID, information, data or Password to a third party without the prior written consent of handelot.com. Handelot.com may suspend or terminate the Account of a Registered Member or the transferee of a Registered Member in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
- Notwithstanding Section 3.A above, handelot.com may refuse registration and deny the issuance of an Account and/or Email Account and associated Email ID and Password to any Member for whatever reason.
4. Posting information by members
- You must be a Registered Member in order to post information on the Site using the self-help submit and edit tools provided through the Site.
- No sales agency relationship is created between any Member and handelot.com, our affiliates, directors, officers or employees by virtue of handelot.com's display of any of the Member's information on the Site.
- Each Member hereby represents, warrants and agrees to (a) provide handelot.com with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to handelot.com to display and use all information provided by such Member in accordance with the purposes set forth in this Rules and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- Each Member hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to handelot.com or authorizes by handelot.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each Member hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to handelot.com or authorizes handelot.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each Member hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.
- Each Member hereby represents, warrants and agrees that information submitted to handelot.com for display on the Site shall not:
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Members of the Site or for any other unlawful purpose;
- relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
- impersonate any person or entity, misrepresent your or your affiliation with any person or entity;
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- solicit business from any Members in connection with a commercial activity that competes with handelot.com ;
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Rules;
- otherwise create any liability for handelot.com or its affiliates.
- Handelot.com reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject handelot.com to liability, violates this Rules or is otherwise found inappropriate in handelot.com's opinion. Handelot.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, handelot.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and handelot.com shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against handelot.com for such disclosure. In connection with any of the foregoing, handelot.com may suspend or terminate the Account of any Member as handelot.com deems appropriate in its sole discretion. Member agrees that handelot.com shall have no liability to Member, including no liability for consequential or any other damages, in the event handelot.com takes any of the actions mentioned in this Section, and that Member agrees to bear the risk that handelot.com may take such actions.
5. Transactions between members
- Through the Site, handelot.com provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Handelot.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, handelot.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
- Members are hereby made aware that there may be risks of dealing with people acting under false pretences. Handelot.com uses several techniques to verify the accuracy of the information our members provide us when they register on the Site. However, because member verification on the Internet is difficult, handelot.com cannot and does not confirm each Member's purported. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
- Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Members may incur costs of defence or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Member of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each Member agrees that handelot.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
- Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify handelot.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
6. Limitation of Liability
- The features and services on the site are provided on an "as is" and "as available" basis, and handelot.com hereby expressly disclaims any and all warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties representations, conditions, undertakings and terms are hereby excluded.
- Handelot.com makes no representations or warranties about the validity, accuracy, correctness, reliability quality stability, completeness, or correctness of any information provided on or through the site handelot.com does not represent or warranty that the manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered displayed on the site does not violate any third party rights; and handelot.com makes no representations or warranties or any kind concerning any product or service or displayed on the site.
- Any material downloaded or otherwise obtained through the Site is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from handelot.com or through or from the Site shall create any warranty not expressly stated herein.
- Under no circumstances shall handelot.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts.
- Each Member hereby agrees to indemnify and save handelot.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member's use of the Site (including but not limited to the display of such Member's information on the Site) or from its breach of any of the terms and conditions of this Rules. Each Member hereby further agrees to indemnify and save handelot.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Member's breach of any representations and warranties made by Member to handelot.com, including but not limited to those set forth in Sections 4.C, 4.D and 4.E above. Each Member hereby further agrees to indemnify and save handelot.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each Member hereby further agrees that handelot.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Member. Handelot.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with handelot.com in asserting any available defences.
- Handelot.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Site;
- any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site;
- violation of Third Party Rights or claims or demands that Members' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any Member;
- statements or conduct of any Member of the Site; or any matters relating to Premium Services however arising, including negligence.
- Notwithstanding any of the foregoing provisions, handelot.com, its employees, agents, affiliates, representatives or anyone acting on its behalf shall be liable for its Use. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Site or the handelot.com service must be filed within one (1) year from the date the cause of action arose.
7. Intellectual Property Rights
- Handelot.com is the sole owner or lawful licensee of all the rights to the Site and the handelot Content. The Site and handelot.com Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and handelot.com Content shall remain with handelot.com, its affiliates or licensors of the handelot.com Content, as the case may be. All rights not otherwise claimed under this Rules or by handelot.com are hereby reserved.
- "handelot", "handelot.com" and related icons and logos are registered trademarks or trademarks or service marks of Handelot FZC Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All notices or demands to or upon a Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the Member to handelot.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a Member shall be deemed to be received by such Member if and when:
- Handelot.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member, or immediately upon handelot.com's posting such notice on an area of the Site that is publicly accessible without charge.
- Subject to any additional agreements, this Rules constitute the entire agreement between the Member and handelot.com with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
- Handelot.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Rules.
- If any provision of this Rules is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- Handelot.com's failure to enforce any right or failure to act with respect to any breach by a Member under this Rules will not waive that right nor waives handelot.com's right to act with respect with subsequent or similar breaches.
- Handelot.com shall have the right to assign this Rules (including all of its rights, titles, benefits, interests, and obligations and duties in this Rules to any person or entity (including any affiliates of handelot.com). The Member may not assign, in whole or part, this Rules to any person or entity.
- This Rules shall be governed by the laws of UAE without regard to its conflict of law provisions. The parties to this Rules hereby submit to the exclusive jurisdiction of the courts of UAE.