Seller’s Terms and Conditions

ZappKing Social Media L.L.C  (“ZappApp“, “we”, “us”, “our”, “the First Party’), an e-commerce company incorporated under the UAE Federal Law Number 2 of 2015 on Commercial Companies (the “Commercial Companies Law“) as amended, and having its registered office in Dubai, UAE

AND

The entity or the person (“Seller” or “you” or “the Second Party”) registering with, accessing, or using ZappApp Portal services (“Services”). You represent that you are authorized to accept this Agreement on behalf of your organization, and all references to “Seller” or “you” also refer to your organization.

(ZappApp and the Seller, herein collectively referred to as “Parties”)

This Agreement governs your use of ZappApp Online Platform’s website (the “Website”), and our ZappApp Online application for mobile and handheld devices (the “App“) and including the assignees and permitted licensees thereof. The Website and the App are jointly referred to as the “ ZappApp Online Platform” (the “Platform”).

PREAMBLE

WHEREAS this Agreement permits the Seller to register, access and use services from ZappApp Portal pursuant to any ZappApp Portal documents, online registration, and other requirements (the “Legal Documents”) as set out in this Agreement. This Agreement will govern Seller’s initial use on the Effective Date (date of initial subscription/ registration and use of the ZappApp Platform) as well as any future selling of the products and services through the Platform and any other use of the same.

WHEREAS by accessing, registering and/or continuing to use or access our services, you are agreeing to be bound by this Agreement and the Legal Documents with immediate effect. This Agreement and the Legal Documents are subject to change by us at any time. Your continued use of the Platform following any such change constitutes your agreement to the same.

WHEREAS ZappApp Portal is an e-commerce platform that allows seller to offer and sell products and services (with a discounted option) to individuals and other entities. (the “Services”)

WHEREAS we reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be held liable to you or any third party for exercising this discretion.

NOW, THEREFORE with respect to the provisions of this Agreement, ZappApp Portal and the Seller here to agree as follows:

1. ELIGIBILITY AND REGISTRATION

You are able to register as a Seller if you meet the following eligibility criteria:

  1. You are a legal entity duly registered in your jurisdiction.
  2. You have a current and valid company license/certificate of incorporation and any documents that states that you are a valid and legal entity established.
  3. The business activities conducted by you complies with all the local regulatory and other requirements.
  4. You provide proof of authorization for the individual who will be registering and using the Platform.
  5. You provide identification for the authorized person.
  6. You can provide supporting bank details, and
  7. you acknowledge and agree that for certain products and services categories, additional requirements might be applicable.

In order to register to the Platform, you will need to provide us with certain information. Your registration to the Platform may not be accepted if you do not provide us with the required information.

We reserve the right to decline any registration without further justification. We reserve the right to undertake such checks as are necessary to verify your identity.

ii. SELLER’S OBLIGATIONS

The Seller hereby accepts and agrees to be bound by the following terms while using or accessing the Services:

  1. Seller agrees to upload theirproducts to ZappApp social online platforms for ZappApp social members.
  2. Seller obligates to provide ZappApp social members with their products standard quality.
  3. The Seller will be providing (logo, contact details and offer posts)
  4. To maintain confidentiality of, and restricting access to and use of the seller’s account and password, and accept responsibility for all activities that occur under the seller’s account and password.
  5. To immediately notify ZappKing social media L.L.C of any unauthorized use of your password or account or any other breach of security.
  6. To comply with all the local regulatory and compliance requirements pertaining to selling of the products.
  7. To provide true, accurate, current and complete information about yourself and your use of the Services as required by us.
  8. Sellers agree to fill the KYC form at the time of registration and submitting any additional documents when and as required.
  9. To not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
  10. To cooperate with our requests for additional information with respect to your usage of our Services.
  11. Sellers are solely responsible for their inventory and must edit, add, remove products based on the availability.
  12. Sellers are requested to post the available products in their inventory only, to avoid delays in delivery duration.
  13. Sellers are advised to abide to the delivery duration time and arrange their inventory based on the agreed delivery time-line.
  14. Sellers are solely responsible of their posts and shall hold accountability regarding any risen change in their inventory.
  15. Sellers are solely responsible for the products they are packing to be shipped.
  16. All products are to be collected on the same day after the sale lead has been generated. Maximum duration for product pick-up by the courier team is 24 HRS.
  17. Delivery TAT in city limit 48 to 120 HRS.
  18. Shipment should be packed in standard packing to avoid any breakage in transits (Glass /liquid item not allowed).
  19. Glass Perfumes and Perfume oils should be pre-packed in its original boxes prior to being placed in the shipping pouches.
  20. Seller agrees to purchase the shipment material such as Plastic envelopes for small / soft products and cardboard boxes for bigger products from ZappKing social media LLC.
  21. All shipments from the seller’s side must be sent with ZappKing social media LLC branding.
  22. It is the seller’s responsibility to provide Complete delivery address along with correct contact number of the buyer which is to be printed and labelled on the dispatch boxes.
The seller further accepts and agrees that they will not:
  1. Post and/or upload in any manner any information which is blasphemous, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
  2. Post and/or upload content or items in an inappropriate or prohibited categories or areas on our Platform, including:
  3. Content or items that may be considered culturally or religiously offensive in any way.
  4. Content or items which may not be considered to be in compliance with the UAE laws and regulations.
  • Content or items that may threaten national security.
  1. Content or items which may constitute or be considered to promote gambling.
  2. Securities, including shares, bonds, debentures, or any other financial instruments or assets of any description.
  3. Weapons of any description.
  • Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines.
  • Products and services that are defective, fake, damaged, false or misleading or that may through normal use harm the user’s or any third party’s interest or health.
  1. Breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status.
  2. Use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services.
  3. Fail to deliver products and services to the users.
  4. Fail to courier the items purchased by the buyer within the agreed time.
  5. Use contact information provided to you during the course of a transaction on the Platform to solicit additional sales offline or on another website.
  6. Manipulate the price of any item.
  7. Interfere with any other user’s listings.
  8. Take any action that may undermine the Platform’s feedback and ratings systems.
  9. Post false, inaccurate, misleading, deceptive, defamatory or similar content.
  10. Distribute or post spam, unsolicited or bulk electronic communications or similar.
  11. Distribute viruses or any other technologies that may harm our Services or the interests or property of other users.
  12. Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, the “Intellectual Property Rights” ) that belong to or are licensed to us; or
    1. Any Intellectual Property Rights that belong to third parties.
    2. Harvest or otherwise collect information about users without their consent; or Circumvent any technical measures we use to provide the Services.
iii. INTELLECTUAL PROPERTY RIGHTS

It is hereby agreed that:

  1. We retain all right, title and interest in and to the Platform and the Services.
  2. All the rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
  3. You have no right to use any of our trademarks without our prior written consent.
IV. PAYMENT TERMS
  1. ZappKing Social media L.L.C will allow the Sellers to post products on their platform ZappApp on ano-fee basis for a period of one renewable year from the date of confirmed registration.
  2. ZappKing social media LLC reserve the right to amend these payment terms with prior notice to the Seller upon the end of the 1st year period.
  3. ZappKing social media L.L.C holds the right to withhold the payment received for the period of agreed number of days from the delivery date towards the seller in case the buyers request a refund.
  4. ZappKing social media L.L.C holds the right to deduct the shipment charges from the principal amount IF the buyer requests a refund for a change of mind.
  5. In the event where the Items purchased by the buyer is defected / fake/ non-functional, the full amount will be refunded including the shipping fees and ZappKing social media L.L.C holds the right to suspend / close the seller’s account on immediate basis without prior notice. Refer to section b.viii
  6. In the event of fake / defected sold products, the seller is solely responsible for the courier and storage charges of the returned products which is to be resolved for up to 30 days.
  7. The Seller agrees that there will be a 10% commission fee payable to ZappKing social media LLC for each transaction or purchase of the seller’s products based on the agreement at the time of registration
  8. In the event of perishable goods where the nature of the product requires the seller to self-deliver, ZappKing social media LLC generates a code to the buyer which is to be handed to the courier team at the time of receiving the product prier to releasing the payment to the seller.
V. WARRANTIES & REPRESENTATIONS

You warrant, represent, and undertake that:

  1. You shall fully comply and will at all times continue to fully comply with all the UAE applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation.
  2. You have full power and authority to enter into this Agreement and the execution and performance of your obligations under this Agreement does not conflict with:
    1. Any laws, rules, regulations, or governmental guidelines to which you are subject to; or
    2. Any other agreements to which you are a party to or to which you are otherwise bound by.
  • If you create or use an account on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to this Agreement. Such account is deemed to be owned and controlled by the business entity.
  • Any content you submit as part of your use of the Services and any services that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).

Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.

Furthermore, while we attempt to be as accurate as possible, we do not warrant that content of any Services is accurate, complete, reliable, current, or error-free. As a Seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold us responsible for any inaccuracies.

VI. LIMITATION OF LIABILITY

ZappKing social media L.L.C and its, affiliates, directors, officers, agents, and employees are not liable, and The second party agrees not to hold the first party responsible, for any damages or losses resulting directly or indirectly from, including without limitation:

  1. The content or other information you provide when using the Services.
  2. The venue, safety and other aspects in relation to your services and products.
  3. Any injury, harm or damage caused to the users availing your services on our Platform.
  4. Your use of or your inability to use our Services.
  5. Pricing, shipping, format or other guidance provided by us.
  6. Delays or disruptions in our Services.
  7. Viruses or other malicious software obtained by accessing or linking to our Services.
  8. Bugs, errors, or inaccuracies of any kind in our Services.
  9. Damage to your hardware device from the use of products sold on the Platform or our Services.
  10. The content, actions, or inactions of third parties using our Services.
  11. A suspension or other action taken by us with respect to your use of the Services.
  12. The duration or manner in which your listings appear in search results.
VII. INDEMNIFICATION

You hereby agree that ZappApp Portal and its affiliates, directors, officers, agents, and employees are not liable for the following, including without limitation:

  1. Fraud, including fraudulent misrepresentation, perpetrated by that any party.
  2. Death or personal injury caused by the negligence of you and/or any party.
  3. Any other liability that cannot be limited or excluded under applicable law.

You agree to indemnify and hold us and our affiliates, directors, officers, agents, employee harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (the “Claims”) arising out of or relating to:

  1. Any claims or demands made by any user (s) and/or third party due to or arising out of your use of the Services.
  2. Your violation of any of the provisions of this Agreement, including, without limitation, any of the warranties and representations.
  3. Your violation of any UAE applicable laws and regulations.
  4. The manner in which you use our Services, including, without limitation, that the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).
VIII. TERMINATION & CANCELLATION
  1. This Agreement shall commence on the Effective Date and shall thereafter renew automatically on every subsequent year or as agreed between the Parties.
  2. The first party may, at their sole discretion and without prejudice to any of the first party rights and remedies and without any liability to The second party, may limit, suspend or permanently withdraw The second party access of The first party Services, cancel any services’ order and/or remove hosted content submitted by you for any reason including, without limitation, the following:
    1. if there are more than five (5) complaints against the second party by the users of the Platform for repeated non-fulfilment of your obligations to provide the second party services; if the complaints are not rectified within __14__ days’ of notifying the second party about the same, The first party Services will be terminated effective immediately from the last date of the rectification period;
    2. If the first party believes that the second party have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Agreement.
  • If the second party use the first party’s Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules.
  1. This Agreement may be terminated by giving at least fifteen (15) days of written notice to either one of Parties.
  2. The first party may terminate this Agreement without any prior notice if the reason for termination is due to an act, omission to act, negligence and/misconduct of the Seller.
  3. If the second party’s access to our Services or our Platform is terminated for any reason, we may delete any content or other materials relating to your use of the Services and we will have no liability to you or any third party for doing so.
  4. The first party shall be reserving all the rights to recover the due payments during and post termination of this Agreement.
IX. GENERAL
    1. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of Dubai mainland, Dubai, United Arab Emirates.

    1. Dispute Resolution

    Any disputes or claims arising out of or in connection with these Agreement shall be referred to and finally resolved by Dubai mainland courts, Dubai, United Arab Emirates. For the avoidance of any doubts, the courts of the Dubai International Financial Centre shall have no governance over the Agreement.

    1. Notice

    All notices, requests, demands and other communications under this Agreement shall be made via email and telephone.

    1. Third Party Rights

     A person who is not a party to these Agreement has no right to enforce any of its terms.

    1. Relationship of the Parties

    Nothing contained in these Agreement will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.

    1. Assignment

    The second party agree that they will not assign or transfer the terms contained herein this Agreement or any of your rights or obligations under these Agreement, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

    1. Entire Agreement

    This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter.

    1. Amendment

    This Agreement cannot be modified, amended, or supplemented by the second party. The first party reserve the right to modify, amend or supplement this Agreement at any time. The second party continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of this Agreement as so modified.

    1. Severability

    If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect.

    1. Force Majeure

    Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including without limitation acts of God, legislative, Pandemic, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labour disruptions, blackouts, embargoes).

    1. No Waiver

    Any waiver by us of any of the provisions of this Agreement will not constitute a waiver of any other provision nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

    1. Survival

    All the provisions of this Agreement pertaining to indemnification, limitation of liability, warranties & representations shall survive termination of this Agreement.

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