Terms of Service
Eligibility for Membership
Your Account and Registration Obligations
PURCHASES AND PAYMENT
Fees and Services
Use of the Site
Guidelines for Reviews
eJawahar Mobile Application License
Third-Party Websites And Content
Platform for Communication
Amendments to this User Agreement
Breach of User Agreement
Withdrawal of Access and/or Membership
Limitation of Liabilities
Transfer of Rights and Obligations
Welcome to eJawahar.com. These are the terms and conditions governing your access to and use of the website eJawahar.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with eJawahar.com ("we", "us" or ") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
2. Eligibility for Membership
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:
• you are above the age of 18 for purchasing products in UAE; and persons under the age of 18 are not permitted to register for the Site or use the Marketplace Offerings.
• you are able to provide an official address in the UAE.
b. for sellers:
• you are a legal entity duly registered in your jurisdiction;
• you have a current trade license;
• you provide proof of authorization for the individual who will be registering and using the Site;
• you provide identification for the authorized person;
• you can provide supporting bank details;
• all registration information you submit has to be true, accurate, current, and complete
• you will maintain the accuracy of such information and promptly update such registration information as necessary.
• you will not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose.
• your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.
In order to register to the Site, you will need to provide us with certain information. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination if you do not abide by these Terms & Conditions.
3. Your Account and Registration Obligations
To be eligible for an individual account on our website and related Platform, you must be at least 18 years of age and resident in the United Arab Emirates. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. You must notify us in writing immediately if you become aware of any unauthorized use of your account. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
When using or accessing the Services, you agree that you:
• shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password.
• agree to immediately notify us of any unauthorized use of your password or account or any other breach of security;
• agree to provide true, accurate, current and complete information about Yourself and Your accounts and You agree to not misrepresent Your identity or Your account information. You agree to keep Your account information up to date and accurate.
• will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
• will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
4. Marketplace Offerings
eJawahar make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.]
All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.]
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.
5. Purchases and Payment
We accept payments by online by Credit & Debit Cards - You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
All payments shall be in UAE Dirhams.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by Jewellers. Designers or distributors.
6. Fees and Services
eJawahar.com is an Online Marketplace for Precious Metals, Stones and Jewelleries and it does not offer any banking or auction services. The Site allows for the sale and purchase and promotions of items between end-user sellers and buyers.
Membership on the Website is free for buyers. eJawahar does not charge any fee for browsing and buying on the Website. eJawahar reserves the right to change its Fee Policy from time to time. In particular, eJawahar may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event eJawahar reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in UAE Dirhams. You shall be solely responsible for compliance of all applicable laws including those in United Arab Emirates for making payments to eJawahar.
eJawahar offers various Membership Plans for Sellers. To view all membership plans, please visit – membership.eJawahar.com
Additionally, eJawahar.com also charges a small transaction fees to all sellers when their item is successfully sold on the Site.
Sellers must pay all fees due and payable to eJawahar.com after a successful sale. If a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from eJawahar.com by submitting an online no-sale claim.
Unless otherwise stated, all fees shall be quoted in UAE Dirhams. You must pay all fees payable to eJawahar.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from eJawahar.com.
In case of non-payment of fees and/or any applicable taxes and charges by you to eJawahar.com, without prejudice to any other rights and remedies of eJawahar.com under this User Agreement or at law, eJawahar.com without liability reserves the right to:
• issue you with a warning to the seller regarding the non-payment.
• temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of eJawahar.com issuing a warning to you.
• eJawahar.com also reserves the right to take any necessary legal actions in case of non-payment of fees by you to eJawahar.com.
• invoice you for a fixed late payment fee
• take any steps eJawahar.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.
7. Your Information
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Use of the Site
While using the Site, you will not:
• post Information or content or list items in an inappropriate category or areas on our Site;
• post items you do not have a right to link to or include;
• post items that are concurrently listed for sale on a website other than the Site;
• post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
• post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
• post counterfeit or stolen items;
• post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
• post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
• post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
• post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
• post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
• post Information or content or list items which may (in our sole discretion) threaten national security;
• post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
• use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
• use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
• claim an item was not sold when in eJawahar.com’s sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
• manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
• circumvent or manipulate our fee structure, the billing process, or fees owed to eJawahar.com
• take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to eJawahar.com);
• transfer your Site account (including feedback) and username to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Site;
• attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
• export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
• violate any laws, rules, regulations, guidelines, third party rights or our policies;
• abuse eJawahar.com’s Shipping Policy, Listing Policy , or any of eJawahar.com’s other policies or terms and conditions posted on the Site from time to time;
• directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
o securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
o 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 including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws;
o weapons of any description;
o liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances;
o religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
o antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
o used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
o 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;
o any items identical to other items you have up for auction but which are priced lower than your other items' price, the reserve price of such other item / minimum bid amount;
o fresh food;
o non-transferable vouchers; and chemicals.
By using the Site or the Marketplace Offerings, you represent and warrant that:
• you are 18 years of age or over the age of 18 years;
• if you are a corporate representative, you have authority to bind the corporate entity;
• you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale such items;
• you will inform eJawahar.com of any postings, items or transactions which appear to be in violation of this User Agreement;
• you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
• information you provide on the Site in respect of items you wish to sell shall be as accurate as reasonably possible;
• you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of eJawahar.com;
• you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
• you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
• you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
9. Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
a. you should have firsthand experience with the person/entity being reviewed;
b. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
c. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
d. your reviews should not contain references to illegal activity;
e. you should not be affiliated with competitors if posting negative reviews;
f. you should not make any conclusions as to the legality of conduct;
g. you may not post any false or misleading statements;
h. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
10. eJawahar Mobile Application License
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a eJawahar mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Marketplace Offerings:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
11. Electronic Communications
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means
12. Social Media
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).
We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
13. Third-Party Websites and Content
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either eJawahar.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of eJawahar.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
16. Abusing EJawahar.com
Please report problems of any kind or violations of this User Agreement to eJawahar.com. If you believe that your intellectual property rights have been violated, please notify eJawahar.com. Without prejudice to any other rights and remedies of eJawahar.com under this User Agreement or at law, eJawahar.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also eJawahar.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
17. Buyer Protection
eJawahar.com has a "Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item on eJawahar.com and on its related products (“Platform”) and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under the Buyer Protection Program. The Buyer Protection Program involves reimbursement by eJawahar.com to the buyer of the value of the item only. To be eligible under the Buyer Protection Program a buyer needs to file a complaint with eJawahar.com within 48 hours of receiving (or not receiving) the relevant item. eJawahar.com will investigate the matter and if it has been determined (by eJawahar.com in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which eJawahar.com has reimbursed the buyer, eJawahar.com may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and EJawahar.com may charge the seller for EJawahar.com’s costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . eJawahar.com reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to eJawahar.com by a buyer is illegal or otherwise unlawful that eJawahar.com may in its sole discretion destroy the item or take any other steps as it considers necessary.
Shipping fees for returned Items :
1. Return item due to Seller's Fault (Item is not as described – item defective ... etc.)
a. If the buyer claimed Within the 15 Days of the date of delivery
o eJawahar pays the Delivery Shipment Fees
o Seller Pays the Return Shipment Fees
o In case the submitted return request by customer is not approved by eJawahar and the customer rejected to receive back the unit, eJawahar has the right after 60 days from customer’s rejection date to dispose the item.
2. If the buyer claimed after the 15 Days of the date of delivery (*Only if returned approved)
o Buyer pays the Delivery Shipment Fees
o Seller Pays the Return Shipment Fees
o In case the submitted return request by customer is not approved by eJawahar and the customer rejected to receive back the unit, eJawahar has the right after 60 days from customer’s rejection date to dispose the item.
3. Return item due to Buyer's Fault (* Item in the original state & condition when purchased and received.)
a. If the buyer claimed within the 15 Days of the date of delivery.
o eJawahar pays the Delivery Shipment Fees
o eJawahar Pays the Return Shipment Fees
b. If the buyer claimed after the 15 Days of the date of delivery (* Only if returned approved )
o Buyer pays the Delivery Shipment Fees
o Buyer Pays the Return Shipment Fees
18. Platform for Communication
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. eJawahar.com does not buy or sell items. eJawahar.com is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold eJawahar.com responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:
• EJawahar.com is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with EJawahar.com nor shall EJawahar.com have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
• eJawahar.com is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
• eJawahar.com is not required to mediate or resolve any dispute or disagreement between users.
• eJawahar.com has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
• eJawahar.com does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, eJawahar.com does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is eJawahar.com a supplier or manufacturer of any items sold by users or purchased by users.
• eJawahar.com does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
• The Site may include links to third party websites that are controlled by and maintained by others. eJawahar.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that eJawahar.com is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
• Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and eJawahar.com holds no responsibility in respect of such arrangements.
• eJawahar.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• eJawahar.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
19. Undeliverable Items
eJawahar.com and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Sellers goods/Items within sixty (60) days after receipt by the logistics company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to eJawahar.com to destroy and/or liquated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to eJawahar.com. Furthermore, eJawahar.com is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller.
20. Site Management
We reserve the right, but not the obligation, to:
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
22. Amendments to this User Agreement
We may amend this User Agreement at any time by posting the amended terms on www. eJawahar.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the eJawahar Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an eJawahar representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
23. Breach of User Agreement
Without prejudice to any other rights and remedies of eJawahar.com under this User Agreement or at law or otherwise, eJawahar.com may immediately and without liability, limit your activity, remove listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
• If you breach this User Agreement;
• If eJawahar.com is unable to verify or authenticate any information you provide; or
• If eJawahar.com believes that your actions may cause legal liability for you, other users or eJawahar.com.
Our failure to act with respect to a breach by you or others does not constitute a waiver of eJawahar.com’s right to take any actions with respect to that, or subsequent or similar breaches. eJawahar.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
24. Providing Feedback
• eJawahar.com encourages buyers and sellers on the Site to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller.
• Your feedback will be displayed along with your user ID on the Site.
• You cannot retract the feedback once you have left it. eJawahar.com will not be responsible or liable in any way for the feedback that you post on the Site.
• You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments.
• You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property.
• We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
• You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback.
• If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of eJawahar.com under this User Agreement or at law, eJawahar.com reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by eJawahar.com, and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your eJawahar.com feedback rating in any venue other than on the Site. eJawahar.com does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
25. Withdrawal of Access and/or Membership
Without prejudice to any of our rights and remedies of eJawahar.com and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order and/or remove hosted content submitted by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
27. Limitation of Liabilities
To the extent permitted by law, eJawahar.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not eJawahar.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to eJawahar.com and eJawahar.com shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold eJawahar.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
Any dispute relating in any way to the website or the Services shall be first adjudicated in the Courts of the United Arab Emirates and you consent to exclusive jurisdiction and venue in such Courts.
If a dispute arises between you and eJawahar.com, please contact us at support@eJawahar.com to find an amicable resolution. We will always consider any requests that are reasonable to resolve through alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.
30. Transfer of Rights and Obligations
You hereby grant eJawahar.com the right to, and irrevocably acknowledge and agree that eJawahar.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. eJawahar.com agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of eJawahar.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of eJawahar.com.
31. Governing Law
All users of the website and the services agree that the laws of the United Arab Emirates govern all the terms, conditions and policies of the site.