Welcome to www.basurhatshop.com (“Site”).

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.basurhatshop.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

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
1. 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.
1. 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 unauthorised 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 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.

b.                  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.

c.                  post items you do not have a right to link to or include;

d.                  post counterfeit or stolen items;

e.                  breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;

f.                    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;

g.                  fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;

h.                  fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;

i.                    use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;

j.                    manipulate the price of any item;

k.                  interfere with any other user’s listings;

l.                    take any action that may undermine the Site’s feedback and ratings systems;

m.               post false, inaccurate, misleading, deceptive, defamatory or similar content;

n.                  transfer your account to another party without our prior written consent;

o.                  distribute or post spam, unsolicited or bulk electronic communications or similar;

p.                  distribute viruses or any other technologies that may harm our Services or the interests or property of other users;

q.                  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;

r.                   harvest or otherwise collect information about users without their consent; or

s.                  circumvent any technical measures we use to provide the Services.

3. TRADE IN PROGRAM
1. Basurhat Shop in collaboration with any third parties, may offer a trade-in service, wherein you may trade in your eligible electronic device (the “Trade-in Device”) upon the purchase of a new phone device (the “Trade-in Program”). The Trade-in Partner will provide you with an estimated value for the Trade-in Device (the “Trade-In Value”). The Trade-in Value will be credited to your registered Basurhat Shop account as Basurhat Shop credit. You can elect to have the Basurhat Shop credit transferred to your bank account. This Trade-In Program is only available for selected brands and devices purchased online via Basurhat Shop’s website at www.basurhatshop.com or the Basurhat Shop App via the Trade-in option.
2. The Trade-in Program is subject to the following terms set out here
4. 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 does not conflict with:

i.any laws, rules, regulations or governmental guidelines to which you are subject to; or

ii.any other agreements to which you are a party to or to which you are otherwise bound by;

c.                  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 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 licences 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 behaviour 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, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to the lower of:

a.                  the price the item sold for on our Site and its original shipping costs; and

b.                  the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or

c.                  SAR 300.

5. You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:

a.                  any claims or demands made by any third party due to or arising out of your use of the Services;

b.                  your violation of any of the provisions of these Terms of Use, including, without limitation, any of the warranties, representations and undertakings;

c.                  your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or

d.                  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).

7. SUSPENSION, TERMINATION & CANCELLATION
1. We may, at our sole discretion and without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or permanently withdraw your access of our Services, cancel any product(s) order and/or remove hosted content submitted by you for any reason including, without limitation, the following:

a.                  if we believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use;

b.                  If you use our Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules;

c.                  You are suspected of inventory abuse or placing bulk order. The following shall (without limitation) constitute inventory abuse or placing bulk order:

• Products ordered are not for self-consumption but for commercial resale;
• Multiple orders placed for same product at the same address, depending on the product category;
• Bulk quantity of the same product ordered;
• Invalid address given in order details;
• Any abuse or fraud used to place the order; or
• Any order placed using a technological glitch/loophole.

2. We reserve our right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provides false, incomplete, or misleading information. You may be considered to be engaging in fraudulent activities if any of the following (without limitation) are met:

a.                  you don’t reply to the payment verification mail sent by us;

b.                  you fail to produce adequate documents during the payment details verification;

c.                  you misuse credentials not belonging to you;

d.                  you use invalid address, email and phone no;