Welcome to www.mariotstore.com (“Site”). The owner and operator of the Site is Mariot Kitchen Equipment – LLC, a limited liability company registered in the United Arab Emirates (“UAE”) under license number 764928, with its office located at Salah Al Din St, Dubai in the UAE (“we”, “our” or “us”). These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services and applications including our mobile application (collectively, the “Services”). You can find all of our policies and additional terms here: www.mariotstore.com (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use. By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. These Terms of Use and the Legal Documents are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified. References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity as the case may be.
ABOUT OUR SITE TERMS AND CONDITION
The Site is an e-commerce platform that allows enterprise users to offer and sell products, and individuals and enterprise entities to buy products. 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 liable to you for exercising this discretion.
1. ELIGIBILITY AND REGISTRATION REQUIREMENTS
You are eligible to register as a buyer or seller and benefit from the Services if you meet the following eligibility criteria:
a. for buyers:
i. you are above the legal age for purchasing products in your country of residence; and
ii. you are able to provide an address in the UAE or the Kingdom of Saudi Arabia (“KSA”) for delivery of products.
b. for sellers:
i. you are a legal entity duly registered in your jurisdiction;
ii. you have a current trade licence;
iii. you provide proof of authorisation for the individual who will be registering and using the Site;
iv. you provide identification for the authorised person;
v. you can provide supporting bank details; and
vi. you acknowledge and agree that for certain product categories, additional requirements might be applicable.
2. In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
3. Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 6 of these Terms of Use.
2. YOUR OBLIGATIONS
1. When using or accessing the Services, you agree that you:
a. are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
b. agree to immediately notify us of any unauthorized use of your password or account or any other breach of security;
c. will provide true, accurate, current, and complete information about yourself and your use of the Services as required by us;
d. will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
e. will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
2. When using or accessing the Services, you agree that you will not:
a. post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
i. content or items that may be considered culturally or religiously offensive in any way;
ii. content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;
iii. content or items that may threaten national security;
iv. content or items which may constitute or be considered to promote gambling;
v. securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
vi. living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;
vii. weapons of any description;
viii. liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;
ix. items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
x. non-transferable vouchers; and
xi. chemicals.
b. post items you do not have a right to link to or include;
c. post counterfeit or stolen items;
d. breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;
e. 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;
f. fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
g. fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;
h. use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
i. manipulate the price of any item;
j. interfere with any other user’s listings;
k. take any action that may undermine the Site’s feedback and ratings systems;
l. post false, inaccurate, misleading, deceptive, defamatory or similar content;
m. transfer your account to another party without our prior written consent;
n. distribute or post spam, unsolicited or bulk electronic communications or similar;
o. distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
p. infringe:
i. the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights” ) that belong to or are licensed to us; or
ii. any Intellectual Property Rights that belong to third parties;
q. harvest or otherwise collect information about users without their consent; or r.circumvent any technical measures we use to provide the Services.
3. INTELLECTUAL PROPERTY RIGHTS
1. Except for the rights expressly granted under these Terms of Use:
a. All content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title, and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
b. All 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.
2. You agree that you have no right to use any of our trademarks without our prior written consent.
3. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
4. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
1. You warrant, represent, and undertake that:
a. You shall fully comply and will at all times continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and content regulation;
b. You have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use do not conflict with:
i. Any laws, rules, regulations, or governmental guidelines to which you are subject; or
ii. Any other agreements to which you are a party or to which you are otherwise bound;
c. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;
d. You own or have the authority to grant the rights and licenses granted to us by you under these Terms of Use; and
e. Any content you submit as part of your use of the Services and any products 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).
2. Subject to clause 5.1, the 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.
3. Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.
5. LIABILITY & INDEMNITIES
1. Nothing in these Terms of Use shall limit or exclude a party’s liability:
a. For fraud, including fraudulent misrepresentation, perpetrated by that party;
b. For death or personal injury caused by the negligence of that party; or
c. For any other liability that cannot be limited or excluded under applicable law.
2. Subject to clause 5.1, in no event will we, our parent company, subsidiaries, and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty, or otherwise arising out of or in relation to these Terms of Use for loss of profits, loss of data or information, business interruption, or other pecuniary loss or for any special, indirect, incidental, or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors, or suppliers have been advised of the possibility of such damages.
3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
a. The content or other information you provide when using the Services;
b. Your use of or your inability to use our Services;
c. Pricing, shipping, format, or other guidance provided by us;
d. Delays or disruptions in our Services;
e. Viruses or other malicious software obtained by accessing or linking to our Services;
f. Bugs, errors, or inaccuracies of any kind in our Services;
g. Damage to your hardware device from the use of products sold on the Site or our Services;
h. The content, actions, or inactions of third parties using our Services;
i. A suspension or other action taken by us with respect to your use of the Services;
j. The duration or manner in which your listings appear in search results; or
k. Your need to modify practices, content, or behavior or your loss of or inability to do business as a result of changes to these Terms of Use.
4. Subject to clause 5.1, if clauses 5.2 or 5.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors, to you, whether based on an action or claim in contract, negligence, breach of statutory duty, or otherwise arising out of or in relation to these Terms of Use shall be limited to the amount of fees actually paid by you to us in the 12 months immediately preceding the date of the event giving rise to the claim.
6. INDEMNITY
1. You agree to indemnify, defend, and hold harmless us, our parent company, subsidiaries, and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or in connection with:
a. Your use of the Services or any violation of these Terms of Use; or
b. Your breach of any warranty, representation, or obligation set forth in these Terms of Use.
7. TERMINATION
1. We may suspend or terminate your account and/or deny you access to the Site or the Services at any time, with or without cause, in our sole discretion, and with or without prior notice, including, without limitation, if:
a. You breach these Terms of Use;
b. You provide false, inaccurate, or misleading information;
c. You fail to comply with any applicable laws, regulations, or other legal requirements; or
d. You engage in any conduct that we believe may harm us or others.
2. You may terminate your account at any time by contacting us using the contact information provided in the Contact Us section of the Site.
3. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination, including any outstanding fees or charges.
4. We reserve the right to refuse to provide the Services to anyone for any reason at any time.
8. GENERAL
1. These Terms of Use constitute the entire agreement between you and us with respect to the Services and supersede all prior agreements or understandings.
2. We may assign these Terms of Use, in whole or in part, at any time without notice to you. You may not assign these Terms of Use or any rights or obligations under these Terms of Use without our prior written consent.
3. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
4. Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
5. Headings in these Terms of Use are for convenience only and have no legal or contractual effect.
9. LIMITATION OF LIABILITY
1. In no event shall Mariot Kitchen Equipment – LLC, its affiliates, or its suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
a. Your access to or use of (or inability to access or use) the Site;
b. Any conduct or content of any third party on the Site;
c. Any content obtained from the Site; or
d. Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
2. Mariot Kitchen Equipment – LLC will not be liable for any damages that you may suffer as a result of your use of the Site or any services offered therein.
3. Mariot Kitchen Equipment – LLC is a Dubai-based company and is subject to the laws of the United Arab Emirates. Mariot Kitchen Equipment – LLC retains the right to revoke these Terms of Use, for any reason whatsoever, at any time without notice and without obligation to you.
4. As we are operating in a commercial environment, it is essential to maintain professional conduct and respect toward our employees and customers.
5. Our email communication will include some company marketing material; however, you will have the option to opt-out of further correspondence.
6. Any services rendered, including training for the use of the Site, are chargeable unless otherwise agreed upon.
10. AMENDMENTS
1. We reserve the right to modify these Terms of Use at any time at our sole discretion. Your continued use of our Site will constitute your acceptance of the revised Terms of Use.
11. GOVERNING LAW AND JURISDICTION
1. These Terms of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law principles.
2. The courts of the United Arab Emirates will have exclusive jurisdiction over any disputes arising out of or in connection with these Terms of Use.
