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Updated on: May 1, 2023
Thank you for visiting Mazaadi B2B auction platform (“Mazaadi” or “we”). Please carefully read the terms of use which clarify the conditions govern the various services offered. The terms of use apply to Mazaadi’s websites the “platform”, applications, marketplaces and services (collectively, the “services” or “service”). “you” or “buyer” shall mean any visitor to the platform or user of the services and includes the legal entity that creates an account or logs into the services for the purpose of viewing, bidding, purchasing inventory products (“inventory”) or using any services ancillary thereto.
Please read section 10 (dispute resolution) carefully. It affects your rights and will have a substantial impact on how claims or disputes will be resolved. By using the services, you agree to be bound by the dispute resolution policies described in section 10.
Unless otherwise noted, the services are the property of Mazaadi and its licensors. By using the services, you agree to the terms of use, selling terms & conditions, special auction conditions, privacy policy, the operating rules and policies applicable to the services as may be published or provided by Mazaadi or sellers of inventory (including by posting on the platform) from time to time, and all applicable laws, rules and regulations in the marketplace countries. If you do not agree to the terms of use, do not use the services.
If you are entering into the terms of use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms of use, in which case the terms “you”, “your” or “user”, “buyer” and shall refer to you in your individual capacity as well as to such entity. You may not use the services if you do not have such authority.
Please refer to our privacy policy for information on how we collect, use, and disclose information of our users. Additionally, by using the services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that transmissions to or through the services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Please do not send us any sensitive personal information.
Some use of the services requires that you create a company account and user role account. There may be many user accounts connected to a company account. Only one user account per individual user is permitted. When creating an account, you must provide accurate and complete profile information, and you must keep this information current. You may never use another user’s user account without permission. You are solely responsible for the activity that occurs on your company account and/or user account, and you must keep your password(s) secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols). You must notify us immediately of any breach of security or unauthorized use of your company account or user account. We will not be liable for any losses caused by any unauthorized use of your company account or user account.
When you create a company account, you will be required to submit supporting documentations, a VAT certificate, business commercial registration, company tax/zakat, or similar documentations applicable to your jurisdiction/country of business that confirms the entity as a Seller (“Seller”) or Buyer (“user”). By submitting such documents, you hereby authorize Mazaadi, and hereby provide Mazaadi a continuing authorization and consent, to utilize and replicate, as applicable, such documents thereto as necessary to confirm seller/user status for all applicable transactions and purchases through the services.
Mazaadi is an intermediary that provides the services through which buyers may purchase inventory from sellers. Mazaadi does not sell inventory, and is not a party to any purchase and sale transaction, but merely provides the platform through which purchase and sale may be transacted between a buyer and seller. Mazaadi does not inspect and makes no representations or warranties regarding, any inventory. Further, Mazaadi does endorse any seller or buyer and makes no representations or warranties regarding any seller or buyer. You should exercise caution, read all details about the inventory provided by sellers, and use your independent judgment before bidding upon or purchasing inventory.
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained in the services is owned, controlled or licensed by or to Mazaadi and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. “Mazaadi” and the Mazaadi logos and designs are trademarks, service marks, or trade dress (“marks”) of Mazaadi and may not be used in connection with any product or service that is not Mazaadi ‘s or in a manner that is likely to cause confusion among customers. All other trademarks and service marks not owned by Mazaadi that appear in the services or on the platform are the property of their respective owners. Access to the services or platform does not confer and shall not be considered as conferring upon anyone any license under any of Mazaadi’s or any third-party’s intellectual property rights. Mazaadi reserves all rights not expressly granted herein.
Except as expressly provided in the terms of use, no part of the services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without Mazaadi’s express prior written consent.
As part of the services, we may provide you access to data, information, and content relating to inventory available for directsale, including without limitation current and historical item listings, descriptions, bids, selling prices, values, and other related information, materials, and content (“listing data”).
You may access and use listing data only in order to assist you in bidding, via the services, on the inventory to which such listing data relates (the “permitted uses”). With respect to listing data, you will not, and you will not permit any third party to, use any listing data in any manner or for any purpose other than the permitted uses, without Mazaadi’s prior express written consent. For clarity, and without limiting the foregoing, the following activities are not permitted: (a) recording, copying or storing any listing data in any manner or for any purpose whatsoever, other than for the permitted uses; (b) directly or indirectly publishing, transmitting or distributing listing data, or any derivative works thereof including reports or other analyses regarding the secondary market, in any manner for any form of monetary or other valuable consideration; (c) using or referencing listing data in connection with any securities trading activities; or (d) incorporating listing data in any manner into used product pricing tools, dashboards, spreadsheets or other visualization products.
You represent and warrant that all information you submit to or through the services in connection with the bidding upon or purchase of inventory is true, complete and accurate.
Mazaadi reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the services, or any portion of the services, for any reason; (2) to modify or change the services, or any portion of the services, and any applicable policies or terms; and (3) to interrupt the operation of the services, or any portion of the services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
1. Definitions:
A “completed purchase” occurs when (i) you have provided to the seller of the inventory (“seller”) all of the purchase information requested in the notification received via the general process set by the Mazaadi auction platform or Applications (as defined in 2.2) in the manner specified in such notification to complete your purchase and (ii) the purchase price for the inventory (the “purchase price”) has been received as specified in the notification.
“extended listing” shall mean any listing where the time to accept bids is extended, one or more times, due to a bid being placed within the final 0-3 minutes of the listing. Each extension is for a period of 1-3 minutes.
“listing data” shall mean the content on the platform or application associated with particular inventory, including, but not limited to, the description, condition, location and quantity of the inventory. Mazaadi and seller shall have the right to modify or correct any listing data at any time and such modification shall be binding on any purchase of any inventory made as a result of a bid placed after such modification.
“promotional content” shall mean any and all information, materials, or content provided or otherwise made available to you by seller or its agents in any medium in connection with the terms of bidding, including promotional content and listings displayed on the platform or application.
2. Listing Process:
2.1. Inventory:
Inventory may consist of customer returns or company overstock items, some of which may have been previously handled/shipped. The condition of the inventory will vary and standard designations regarding a product’s condition will be set forth in the listing data. The inventory is provided to you “as is” for purchase on the platform or application. The quantity and/or value of actual inventory in each lot may vary from the description in the listing data. Typically, such variance is up to 2 percent (2%) less or greater than as set forth in the listing data and may include up to 2 percent (2%) quantity and/or value of more damaged items than designated as “damaged” in the listing data; please refer to “goods condition” section to understand the categories, condition, packing status, labeling and other features.
2.2. Listing Process:
Inventory will be sold pursuant to the listing process set forth in section 2 (the “listing”). If you wish to bid on inventory, you will be required to enter your bid amount. In order to be eligible for the listing, your bid must be (i) in an amount equal to or higher than the bid listed as the minimum opening bid and higher than the “current winning bid,” as applicable, (ii) at least one bid increment higher than the current bid as set forth on the bid page and (iii) placed before the scheduled closing time for such listing (including any additional time added for an extended listing). If your bid is the highest bid at the conclusion of a listing or, if it is tied for the highest bid and was placed before any equivalent bids (the “winning bid”) you will be notified by email the “notification” at the email address you provided when you created your Mazaadi account (or as subsequently updated by you by following instructions on the platform or application) that you are the winning bidder. The notification will serve as your official proof of purchase and/or official sales order confirmation. An additional formal invoice or proof of purchase of the original winning notification will be issue to “user” /“buyer” upon “completed purchase.”
It is your responsibility to keep your email address current and to timely check your email to determine if you are the winning bidder for any listing in which you participated. Neither Mazaadi nor seller is responsible for the failure of a notification to reach a winning bidder for any reason, including, but not limited to, technical problems or other system error.
2.3. Winning Bids:
If your bid is deemed the winning bid at the end of the listing for certain inventory, you agree to promptly purchase such inventory by paying the full amount of the purchase price and any other applicable fees via one of the payment methods outlined in the winning bid notification or as per operating rule and polices applicable to the services, within two (2) business days after the end of the listing. If you fail to register a completed purchase, including by failing to pay in full the purchase price, within two (2) business days of when the notification is sent by Mazaadi, you shall forfeit any right to purchase such inventory, and Mazaadi may deactivate your account such that you can no longer access the platform or application and, at its sole discretion, may choose to (i) offer to sell such inventory to the next highest bidder or (ii) post such inventory on the platform or application for sale in a new listing. You shall be responsible for all handling, shipping costs and any other expenses incurred in connection with your purchase hereunder.
2.4. Deactivation and Cancellation:
Mazaadi reserves the right, in its sole discretion at any time and for any reason, to deactivate your account, reject any offer to purchase inventory or suspend or cancel any listing or purchase of inventory, including fulfillment of a purchase after completion of a listing and payment for the inventory.
2.5. Inspection and Acceptance:
You shall have two (2) business days, excluding weekends and holidays, from the date you take possession of inventory (the “inspection period”) to inspect the inventory for any discrepancies with the description of the inventory contained in the listing and to report any discrepancies to Mazaadi. To report a discrepancy, you must click on the “dispute RMA request” sectionin my account Dashboard and submit the associated form (“dispute resolution form”). Mazaadi will determine if the issue qualifies for resolution and thereafter forward all relevant information to the despite department to facilitate a resolution. The seller shall have the right to conduct an additional inspection at its own expense. If seller agrees that there was a discrepancy, seller will work with you and/or a Mazaadi mediator to reach an amicable resolution, which may include reimbursement of some or all of the winning bid amount. Any such reimbursement may be in the form of a credit to your Mazaadi account. If seller does not agree that there was a discrepancy, or you and the seller cannot agree on an amicable resolution, the dispute will be settled in accordance with the dispute resolution provisions set forth below in section 10. If you have taken possession of the inventory and do not submit a valid discrepancy report within the inspection period you shall be deemed to have made an unqualified acceptance of the inventory, and you waive all claims with respect thereto. All sales are final.
3. Conditions to Sale; Payment; Shipping:
3.1. Canceled Bids and Purchases:
We reserve the right, at our sole discretion, to refuse or cancel any winning bid or purchase for any reason. By way of example, but not limited, we may cancel your bid or purchase if there are inaccuracies or errors in product or bid information or problems identified by our credit and fraud avoidance department. While sellers strive to provide accurate product and bid information, typographical or system errors may occur. In the event that there are bids for incorrectly listed or described inventory, we shall have the right, at our sole discretion, to refuse or cancel any purchases placed for such inventory. In the event that we must cancel a bid or purchase, we will notify you by email of such cancellation.
3.2. Payment Terms:
You are responsible for paying all fees that you owe to Mazaadi (see 2.3). You are also solely responsible for collecting and/or paying any applicable taxes/VAT for any purchases you make through our services.
In the event the platform or application offers tools or suggestions to assist with the calculation of any shipment, handling, consolidation …, Mazaadi makes no guarantee, representation or warranty as to the accuracy of any such amount, and it is solely your responsibility to determine the appropriate amount. Some countries may refer to VAT using other terms, e.g.,goods and services tax (gst), but we will just refer to vat, gst, and any local sales taxes collectively as “vat.”
Mazaadi requires you to add a payment method (credit cards, or an approved payment source) to your Mazaadi account that can be used for paying the purchase price, VAT, storage fees, service fees and other fees described in 2.3.
If you choose to use a bank account transfer for winning bid payment. You are requiring to share a copy of the wire transfer with your Mazaadi agent and make sure to state the Lot /winning bidding number on the wire transfer copy.Such information will ensure that order status in updated as paid order in your account dashboard.
3.3. Shipping:
Please refer to our shipping policy, which is incorporated into the terms of use by this reference, for information on the various options available to sellers for shipping inventory to buyers. Buyer acknowledges and agrees to be bound by all such shipping terms set forth in the shipping policy. In no event will Mazaadi be liable for loss of or damage to inventory during shipping. Nor will Mazaadi have any responsibility for transportation arranged directly by seller or buyer.
3.4. Identification of Seller:
You acknowledge that the information regarding the purchase price and any particular sale are confidential to Mazaadi and seller. Under no circumstance seller will reveal and information in regards to the “contractual agreement terms and conditions or make it public in partial or whole.
You acknowledge and agree that any submission, feedback, reviews, comments or suggestions you may provide regarding the services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with the terms of use. Submissions that constitute feedback, comments, reviews or suggestions will be the sole and exclusive property of Mazaadi and you hereby irrevocably assign to us all of your right, title and interest in and to all such submissions, and Mazaadi shall have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such submissions in any manner it chooses. With respect to all other submissions, you hereby grant Mazaadi an irrevocable, worldwide and perpetual license to use such submissions as contemplated in the terms of use.
You agree that any submission that is a review of a seller, (“review”) shall not contain any material that is, in the sole and absolute discretion of Mazaadi, inappropriate, defamatory, false, obscene, violent, unlawful, threatening or otherwise objectionable (hereinafter, “prohibited content”). Notwithstanding the generality of the foregoing, prohibited content includes, without limitation, any content that (i) violates the terms of use, (ii) contains personal information of any person other than yourself, (iii) references or threatens legal actions, (iv) attempts to artificially raise or lower a seller‘s ratings, (v) relates to variables outside of the seller‘s control, violated Anti-Cyber Crime Law in respective marketplace and (vi) solicits business outside of the Mazaadi platform or application. Posting of any prohibited content, in addition to any and all other rights and remedies available to Mazaadi, may result in account suspension or termination. Mazaadi may refuse or remove a review in its sole discretion and without notice to you. However, Mazaadi shall have no obligation to monitor reviews, and you agree that neither Mazaadi nor its affiliates, employees, or agents will be liable for reviews or any loss or damage resulting from reviews. Notwithstanding the foregoing, Mazaadi reserves the right to monitor all activity conducted over the platform or application and anticipates that it will do so from time to time.
Your provision of a submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Mazaadi. You consent to the use by Mazaadi of the information and represent and warrant that it is submitted in compliance with all applicable laws. You are responsible for any submission you provide and for any consequences arising therefrom.
Mazaadi respects the intellectual property rights of others. If you believe that any content appearing on the platform or application is being used in a manner that constitutes copyright infringement, please contact us via any of the communication channels that is listed in contact us section and sight the copyright infringement details.
The services may contain references to third parties or links to other independent third-party websites (“linked sites”). The linked sites are provided solely as a convenience to our users. Such linked sites are not under Mazaadi’scontrol, and Mazaadi is not responsible for and does not endorse the content of such linked sites, including any information or materials contained on such linked sites.
The services, all content and inventory offered through the services are provided “as is, as available.” In addition, and to the fullest extent permitted by law, Mazaadi disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchant ability and fitness for a particular purpose. Mazaadi does not warrant that the services will be uninterrupted or error free.
To the fullest extent permitted by applicable law, Mazaadi shall have no liability for any damages or losses of any kind, including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, direct, indirect, or consequential damages resulting directly or indirectly from the following, even if Mazaadi has been advised of the possibility of such damages or losses:
In no event shall Mazaadi’s liability for any and all losses or damages related to the use of the services, or the bidding upon or purchase of any inventory exceed the purchase price actually paid by buyer for the inventory at issue. This limitation of liability shall survive each purchase transaction and shall apply notwithstanding the failure of essential purpose of any limited remedy herein.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
By accessing the services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, to respective auction marketplace country, that otherwise might limit your waiver of such claims.
Some auction marketplace countries of jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations may not apply to you.
You agree to indemnify, defend and hold Mazaadi, its affiliates and its and their respective officers, directors, agents, and employees (the “indemnified parties”) harmless from any demands, loss, liability, damages, claims, costs or expenses (including attorneys’ fees), made against any indemnified party due to or arising out of or in connection with (1) your access to or use of the services; (2) your violation of the terms of use or any applicable law or regulation, (3) your violation of any rights of any third party; (4) your negligence or intentional misconduct, or (5) any disputes or issues between you and any third party. This indemnity obligation shall survive each purchase transaction you make on the platform or application. Mazaadi shall have the right to participate in the defense of any such claim, at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, Mazaadi, financial or otherwise, without Mazaadi written consent.
Mazaadi may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Mazaadi’s rights or property, or the rights or property of visitors to or users of the services. Mazaadi reserves the right at all times to disclose any information that Mazaadi deems necessary to comply with any applicable law, regulation, legal process or governmental request. Mazaadi also may disclose your information when Mazaadi determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Mazaadi may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the services, deactivate your account and/or block your future access to the services if we determine that you have violated the terms of use or other agreements or guidelines which may be associated with your use of the services. Upon any termination of your access to the services, you must (a) immediately discontinue use of the platform or application and services, and (b) promptly destroy all content downloaded or otherwise copied from the platform or application, as well as all copies of such materials, whether made under the terms of use or otherwise. You also agree that any violation by you of the terms of use will cause irreparable harm to Mazaadi for which monetary damages would be inadequate, and you consent to Mazaadi obtaining any injunctive or equitable relief that Mazaadi deems necessary or appropriate in such circumstances. The remedies are in addition to any other remedies Mazaadi may have at law or in equity.
You acknowledge that Mazaadi and/or a seller may provide bank account information to facilitate payment of the purchase price, or other information that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed (“confidential information”). You agree to (i) hold in confidence and not disclose confidential information to third parties except as permitted by the terms of use; and (ii) use the confidential information only to fulfill your obligations and exercise your rights under the terms of use. You may share confidential information with your employees, agents or contractors who have a legitimate need to know (provided that you remain responsible for such parties’ compliance with the terms of this section
The confidentiality obligations do not apply to (and confidential information does not include) information that: (i) is or becomes public knowledge through no fault on your part; (ii) was known by you prior to receipt of the confidential information; (iii) is rightfully obtained by you from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you without using Mazaadi’s or a seller’s confidential information. You may also disclose confidential information to the extent required by law or court order, provided you give advance notice to Mazaadi or seller, as applicable (if permitted by law), and cooperate in any effort by Mazaadi or seller to obtain confidential treatment for the information. This section 12 shall survive each purchase transaction hereunder, and any termination of the terms of use.
You may preserve the terms of use in written form by printing it for your records, and you waive any other requirement that the terms of use be evidenced by a written document.
You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on the services, in violation of the terms of use or any applicable laws or regulations, including without limitation united states export laws and regulations.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings and the division of the terms of use into separate sections, subsections and/or exhibits are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the terms of use.
The terms of use, together with the privacy policy and any other legal notices published by Mazaadi constitute the entire agreement between you and Mazaadi with regard to your use of the services; provided, however, that if you have entered into a separate agreement for services with a seller, (“seller’s terms”), except where expressly provided in the terms of use that the seller’s terms supersede the provisions of the terms of use, the provisions of the terms of use will control in the event of any conflict between the terms of use and the seller terms. Mazaadi’s failure to insist on or enforce strict performance of the terms of use shall not be deemed a waiver by Mazaadi of any provision or any right it has to enforce the terms of use. Any such waiver must be in writing in order to be effective.
Neither Mazaadi nor a seller shall be liable to you for failure or delay in performance hereunder due in whole or in part to an act of god, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, or supplies, and any other causes which are not within Mazaadi’s or seller’s reasonable control, whether or not of the kind specifically enumerated above.
Further assurances. You agree to execute and deliver, or cause to be executed and delivered, all such other instruments, and agree to take all reasonable actions, as may be necessary to transfer and convey the inventory to buyer and tThe terms of use will be construed in accordance with and governed exclusively by the laws of auction marketplace county and to be performed wholly within such jurisdiction, regardless of such parties’ actual domiciles excluding: (1) its conflicts of law principles; and (2) the united nations convention on contracts for the international sale of goods or any local laws implementing such convention in any applicable jurisdiction.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Mazaadi and limits the manner in which you can seek relief from us.
the transactions contemplated herein.
Independent parties. The terms of use do not create, and nothing contained in the terms of use will be deemed to establish a joint venture between you and Mazaadi, or the relationship of employer-employee, partners or principal-agent.
We reserve the right, from time to time, with or without notice to you, to change the terms of use in our sole and absolute discretion. If we make material changes to the terms of use, we will notify you with an in-app message, by email, or by means of a notice on our services. The most current version of the terms of use will supersede all previous versions and can be reviewed by clicking on “terms of use” located at the bottom of the pages of our sites. Your continued use of the services following the posting of changes indicates your agreement to and acceptance of the changes. We will indicate the date on which the terms of use were last changed at the beginning of the terms of use.
You may visit Mazaadi B2B auction platform or application (“Mazaadi” or “we”). through any communication means stated in the contact us section of the web site. Please contact us if you have any questions about our terms of use. You may contact us by sending correspondence to the foregoing address or by emailing us at operations@mazaadi.com
Mazaadi Global Inc.
Office No.310, First Floor, Neemer Center, Main Olay Road
Riyadh City. Saudi Arabia